Bill Text: IL SB1371 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Roadside Memorial Act. Provides that a DUI memorial marker shall be maintained permanently (rather than for a minimum of 2 years). Provides that a fatal crash memorial marker shall be maintained permanently (rather than for a minimum of 2 years).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-06 - Referred to Assignments [SB1371 Detail]

Download: Illinois-2023-SB1371-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1371 Introduced 2/6/2023, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
605 ILCS 125/20
605 ILCS 125/23.1
Amends the Roadside Memorial Act. Provides that a DUI memorial marker shall be maintained permanently (rather than for a minimum of 2 years). Provides that a fatal crash memorial marker shall be maintained permanently (rather than for a minimum of 2 years).
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A BILL FOR
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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

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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 permanently
for at least 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.)

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(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,

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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.

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(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

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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
permanently 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

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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.)