Bill Text: IL HB0860 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Highway Code. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB0860 Detail]

Download: Illinois-2011-HB0860-Amended.html

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Rep. John E. Bradley

Filed: 3/31/2011

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AMENDMENT TO HOUSE BILL 860
AMENDMENT NO. ______. Amend House Bill 860 by replacing
everything after the enacting clause with the following:
"Section 5. The Roadside Memorial Act is amended by
changing Sections 15 and 23 as follows:
(605 ILCS 125/15)
Sec. 15. Participation in the Roadside Memorial program.
(a) A qualified relative of a victim may make a request for
the installation of a memorial marker in a supporting
jurisdiction using an application developed by the supporting
jurisdiction. The supporting jurisdiction shall have sole
responsibility for determining whether a request for a DUI
memorial marker is rejected or accepted.
(b) An application for a DUI memorial marker may be
submitted by a qualified relative with regard to any crash that
occurred on or after January 1, 1985 January 1, 1990.

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(c) If there is any opposition to the placement of a DUI
memorial marker by any qualified relative of any decedent
involved in the crash, the supporting jurisdiction shall deny
the request.
(d) The supporting jurisdiction shall deny the request or,
if a DUI memorial marker has already been installed, may remove
the marker, if the qualified relative has provided false or
misleading information in the application.
(e) The qualified relative shall agree not to place or
encourage the placement of flowers, pictures, or other items at
the crash site.
(f) A DUI memorial marker shall not be erected for a
deceased driver involved in a fatal crash who is shown by
toxicology reports to have been in violation of State DUI law,
unless the next of kin of any other victim or victims killed in
the crash consent in writing to the erection of the memorial
marker.
(Source: P.A. 95-398, eff. 1-1-08; 95-873, eff. 8-21-08.)
(605 ILCS 125/23)
(Section scheduled to be repealed on December 31, 2011)
Sec. 23. Fatal accident memorial marker program.
(a) The fatal accident memorial marker program is intended
to raise public awareness of reckless driving by emphasizing
the dangers while affording families an opportunity to remember
the victims of crashes involving reckless drivers.

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(b) As used in this Section, "fatal accident memorial
marker" means a marker on a highway in this State commemorating
one or more persons who died as a proximate result of a crash
caused by a driver who committed an act of reckless homicide in
violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961
or who otherwise caused the death of one or more persons
through the operation of a motor vehicle.
(c) For purposes of the fatal accident memorial marker
program in this Section, the provisions of Section 15 of this
Act applicable to DUI memorial markers shall apply the same to
fatal accident memorial markers.
(d) A fatal accident memorial marker shall consist of a
white on blue panel bearing the message "Reckless Driving Costs
Lives". At the request of the qualified relative, a separate
panel bearing the words "In Memory of (victim's name)",
followed by the date of the crash that was the proximate cause
of the loss of the victim's life, shall be mounted below the
primary panel.
(e) A fatal accident memorial marker may memorialize more
than one victim who died as a result of the same crash. If one
or more additional deaths subsequently occur in close proximity
to an existing fatal accident memorial marker, the supporting
jurisdiction may use the same marker to memorialize the
subsequent death or deaths, by adding the names of the
additional persons.
(f) A fatal accident memorial marker shall be maintained

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for at least 2 years from the date the last person was
memorialized on the marker.
(g) The supporting jurisdiction has the right to install a
marker at a location other than the location of the crash or to
relocate a marker due to restricted room, property owner
complaints, interference with essential traffic control
devices, safety concerns, or other restrictions. In such cases,
the sponsoring jurisdiction may select an alternate location.
(h) The Department shall secure the consent of any
municipality before placing a fatal accident memorial marker
within the corporate limits of the municipality.
(i) A fee in an amount to be determined by the supporting
jurisdiction shall be charged to the qualified relative. The
fee shall not exceed the costs associated with the fabrication,
installation, and maintenance of the fatal accident memorial
marker.
(j) The Department shall report to the General Assembly no
later than October 1, 2011 on the evaluation of the program and
the number of fatal accident memorial marker requests.
(k) This Section is repealed on December 31, 2012 December
31, 2011.
(Source: P.A. 96-1371, eff. 1-1-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.".