Public Act 103-0082

SB1212 EnrolledLRB103 05564 HEP 50583 b



 AN ACT concerning transportation.


 Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 



 Section 5. The Roadside Memorial Act is amended by 
changing Sections 20 and 23.1 as follows:

 (605 ILCS 125/20)

 Sec. 20. DUI memorial markers. 
 (a) A DUI memorial marker erected before July 1, 2021 
shall consist of a white on blue panel bearing the message 
"Please Don't Drink and Drive". A DUI memorial marker erected

on or after July 1, 2021 shall consist of a white on blue panel

bearing the message "Don't Drive Under the Influence". 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. This

amendatory Act of the 102nd General Assembly does not require

the removal or replacement of any memorial markers erected

before July 1, 2021. 
 (b) A DUI memorial marker may memorialize more than one 
victim who died as a result of the same DUI-related crash. If 
one or more additional DUI crash deaths subsequently occur in 
close proximity to an existing DUI 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. 
 (c) A DUI memorial marker shall be maintained for at least 
4 2 years from the date the last person was memorialized on the 
marker.
 (d) 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.
 (e) The Department shall secure the consent of any 
municipality before placing a DUI memorial marker within the 
corporate limits of the municipality.
 (f) A fee in an amount to be determined by the supporting 
jurisdiction may be paid in whole or in part from the Roadside 
Memorial Fund if moneys are made available by the Department 
of Transportation from that Fund or may be charged to the 
qualified relative to the extent moneys from that Fund are not 
made available. The fee shall not exceed the costs associated 
with the fabrication, installation, and maintenance of the DUI 
memorial marker.

(Source: P.A. 102-60, eff. 7-9-21.)

 (605 ILCS 125/23.1)
 (Text of Section before amendment by P.A. 102-982)
 Sec. 23.1. Fatal accident memorial marker program.
 (a) The fatal accident memorial marker program is intended 
to raise public awareness of traffic fatalities caused by 
reckless driving or other means by emphasizing the dangers 
while affording families an opportunity to remember the 
victims of traffic crashes.
 (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 the Criminal Code of 2012 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" if the victim or victims 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 the Criminal Code of 2012. Otherwise, 
a fatal accident memorial marker shall consist of a white on 
blue panel bearing the message "Drive With Care". 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 
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 these 
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 provisions of this Section shall apply to any 
fatal accident marker constructed on or after January 1, 2013. 

(Source: P.A. 102-60, eff. 7-9-21.)

 (Text of Section after amendment by P.A. 102-982)
 Sec. 23.1. Fatal crash memorial marker program.
 (a) The fatal crash memorial marker program is intended to 
raise public awareness of traffic fatalities caused by 
reckless driving or other means by emphasizing the dangers 
while affording families an opportunity to remember the 
victims of traffic crashes.
 (b) As used in this Section, "fatal crash 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 the Criminal Code of 2012 or who otherwise caused the death 
of one or more persons through the operation of a motor 
vehicle. 
 (c) For purposes of the fatal crash 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 crash memorial markers. 
 (d) A fatal crash memorial marker shall consist of a white 
on blue panel bearing the message "Reckless Driving Costs 
Lives" if the victim or victims 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 the Criminal Code of 2012. Otherwise, a fatal 
crash memorial marker shall consist of a white on blue panel 
bearing the message "Drive With Care". 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 crash 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 crash 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 crash memorial marker shall be maintained for 
at least 4 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 these 
cases, the sponsoring jurisdiction may select an alternate 
location.
 (h) The Department shall secure the consent of any 
municipality before placing a fatal crash 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 crash 
memorial marker.
 (j) The provisions of this Section shall apply to any 
fatal crash marker constructed on or after January 1, 2013. 

(Source: P.A. 102-60, eff. 7-9-21; 102-982, eff. 7-1-23.)