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| Public Act 097-0830
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| SB2488 Enrolled | LRB097 12269 HEP 56732 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 11-605.1 and 12-610.1 as follows:
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(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.
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(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.
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(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 |
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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 determined 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 and has posted a lower speed limit with |
a highway construction or maintenance speed zone special speed |
limit sign. |
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.
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(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 |
greater, the person who violated this Section shall be charged |
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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.
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(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.
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(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. |
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(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.
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(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.
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(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
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(625 ILCS 5/12-610.1) |
Sec. 12-610.1. Wireless telephones. |
(a) As used in this Section, "wireless telephone" means
a |
device that is capable of transmitting or receiving
telephonic |
communications without a wire connecting the
device to the |
telephone network. |
(b) A person under the age of 19 years who holds an |
instruction permit issued under Section 6-105 or 6-107.1, or a |
person under the age of 19 years who holds a graduated license |
issued under Section 6-107, may not drive a vehicle on a |
roadway while using a wireless phone.
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(c) This Section does not apply to a person under the age |
of 19 years using a
wireless telephone for emergency purposes, |
including, but not
limited to, an emergency call to a law |
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enforcement agency,
health care provider, fire department, or |
other emergency
services agency or entity.
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(d) If a graduated driver's license holder over the age of |
18 committed an offense against traffic regulations governing |
the movement of vehicles or any violation of Section 6-107 or |
Section 12-603.1 of this Code in the 6 months prior to the |
graduated driver's license holder's 18th birthday, and was |
subsequently convicted of the violation, the provisions of |
paragraph (b) shall continue to apply until such time as a |
period of 6 consecutive months has elapsed without an |
additional violation and subsequent conviction of an offense |
against traffic regulations governing the movement of vehicles |
or any violation of Section 6-107 or Section 12-603.1 of this |
Code.
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(e) A person, regardless of age, may not use a wireless
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telephone at any time while operating a motor vehicle on a |
roadway in a school speed
zone established under Section |
11-605, or on a highway in a construction or
maintenance speed |
zone established under Section 11-605.1.
This subsection (e) |
does not apply to (i) a person engaged in a
highway |
construction or maintenance project for which a
construction or |
maintenance speed zone has been established
under Section |
11-605.1, (ii) a person using a wireless
telephone for |
emergency purposes, including, but not limited to,
law |
enforcement agency, health care provider, fire department, or |
other emergency services agency or entity, (iii) a law |
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enforcement officer or operator of an emergency vehicle when |
performing the officer's or operator's official duties, or (iv) |
to a person using a wireless telephone in voice-operated mode, |
which may include the use of a headset, or (v) to a person |
using a wireless telephone by pressing a single button to |
initiate or terminate a voice communication. voice-activated |
mode. |
(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, |
eff. 8-21-08; 96-131, eff. 1-1-10.)
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