Bill Amendment: IL HB1453 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CD CORR-SUPERVISION-SPEEDING

Status: 2015-07-31 - Public Act . . . . . . . . . 99-0212 [HB1453 Detail]

Download: Illinois-2015-HB1453-Senate_Amendment_001.html

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Sen. John G. Mulroe

Filed: 5/19/2015

09900HB1453sam001 LRB099 03951 RLC 35702 a
AMENDMENT TO HOUSE BILL 1453
AMENDMENT NO. ______. Amend House Bill 1453 on page 1, by
inserting immediately below line 3 the following:
"Section 3. The Illinois Vehicle Code is amended by
changing Sections 11-605 and 11-605.1 as follows:
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools.
(a) For the purpose of this Section, "school" means the
following entities:
(1) A public or private primary or secondary school.
(2) A primary or secondary school operated by a
religious institution.
(3) A public, private, or religious nursery school.
On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic, no person shall drive

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a motor vehicle at a speed in excess of 20 miles per hour while
passing a school zone or while traveling on a roadway on public
school property or upon any public thoroughfare where children
pass going to and from school.
For the purpose of this Section a school day shall begin at
seven ante meridian and shall conclude at four post meridian.
This Section shall not be applicable unless appropriate
signs are posted upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or incorporated
town wherein the school zone is located. With regard to the
special speed limit while passing schools, such signs shall
give proper due warning that a school zone is being approached
and shall indicate the school zone and the maximum speed limit
in effect during school days when school children are present.
(b) (Blank).
(c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs
within a special school speed zone indicating such zone, as
defined in this Section, nor shall evidence obtained thereby be
inadmissible in any prosecution for speeding provided the use
of such device shall apply only to the enforcement of the speed
limit in such special school speed zone.
(d) (Blank).
(e) Except as provided in subsection (e-5), a person who
violates A first violation of this Section is guilty of a petty

09900HB1453sam001 - 3 - LRB099 03951 RLC 35702 a
offense. Violations of this Section are punishable with a
minimum fine of $150 for the first violation and a minimum fine
of $300 for the . A second or subsequent violation of this
Section is a petty offense with a minimum fine of $300.
(e-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while passing schools
when he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(f) When a fine for a violation of subsection (a) is $150
or greater, the person who violates subsection (a) shall be
charged an additional $50 to be paid to the unit school
district where the violation occurred for school safety
purposes. If the violation occurred in a dual school district,
$25 of the surcharge shall be paid to the elementary school
district for school safety purposes and $25 of the surcharge
shall be paid to the high school district for school safety
purposes. Notwithstanding any other provision of law, the
entire $50 surcharge shall be paid to the appropriate school
district or districts.

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For purposes of this subsection (f), "school safety
purposes" includes the costs associated with school zone safety
education, the Safe Routes to School Program under Section
2705-317 of the Department of Transportation Law of the Civil
Administrative Code of Illinois, safety programs within the
School Safety and Educational Improvement Block Grant Program
under Section 2-3.51.5 of the School Code, and the purchase,
installation, and maintenance of caution lights which are
mounted on school speed zone signs.
(g) (Blank).
(h) (Blank).
(Source: P.A. 96-52, eff. 7-23-09.)
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as
defined in this Section, nor shall evidence obtained by use of

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those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
(c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining that the preexisting established speed limit
through a highway construction or maintenance project is
greater than is reasonable or safe with respect to the
conditions expected to exist in the construction or maintenance
speed zone.
If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also

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must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who
violates A first violation of this Section is guilty of a petty
offense. Violations of this Section are punishable with a
minimum fine of $250 for the first violation and a minimum fine
of $750 for the . A second or subsequent violation of this
Section is a petty offense with a minimum fine of $750.
(d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125

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shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
(e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use all moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate

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highways.
(g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)"; and
on page 5, by replacing line 20 with the following:
"15-301, paragraph (b) of Section 6-104, Section 11-605,
paragraph (d-5) of Section 11-605.1, Section"; and
on page 11, by replacing lines 1 through 14 with the following:
"ordinance when the defendant has previously been:
(1) convicted for a violation of Section 11-601.5 of
the Illinois Vehicle Code or a similar provision of a local
ordinance or any similar law or ordinance of another state;
or
(2) assigned supervision for a violation of Section
11-601.5 of the Illinois Vehicle Code or a similar
provision of a local ordinance or any similar law or
ordinance of another state."; and

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on page 11, by replacing lines 15 through 19 with the
following:
"(q) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601 or Section 11-601.5 of the Illinois Vehicle Code when
the defendant was operating a vehicle, in an urban district, at
a speed that is 26 miles per hour or more in excess of the
applicable maximum speed limit established under Chapter 11 of
the Illinois Vehicle Code 25 miles per hour over the posted
speed limit.".