Bill Text: IL HB5805 | 2013-2014 | 98th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that a court appearance is not required for violating the speed limit in a construction zone.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5805 Detail]

Download: Illinois-2013-HB5805-Introduced.html

---

98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5805 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-605.1
Amends the Illinois Vehicle Code. Provides that a court appearance is not required for violating the speed limit in a construction zone.
LRB098 18152 MLW 53281 b
A BILL FOR
HB5805 LRB098 18152 MLW 53281 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-605.1 as follows:
(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
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

HB5805 - 2 - LRB098 18152 MLW 53281 b
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
must state the amount of the minimum fine for a violation.
(d) A first violation of this Section is a petty offense
with a minimum fine of $250. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $750.
(e) If a fine for a violation of this Section is $250 or

HB5805 - 3 - LRB098 18152 MLW 53281 b
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
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

HB5805 - 4 - LRB098 18152 MLW 53281 b
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
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.
(h) A violation of this Section does not require a court
appearance.
(Source: P.A. 97-830, eff. 1-1-13; 98-337, eff. 1-1-14.)