100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3423

 

Introduced , by Rep. David A. Welter

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-206
625 ILCS 5/11-605.1

    Amends the Illinois Vehicle Code. Provides that for a second or subsequent violation of operating a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present within one year (rather than 2 years) of the date of the first violation, the Secretary of State shall suspend the driver's license of the violator for a period of 60 days (rather than 90 days). Makes conforming changes.


LRB100 10605 AXK 20824 b

 

 

A BILL FOR

 

HB3423LRB100 10605 AXK 20824 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-206 and 11-605.1 as follows:
 
6    (625 ILCS 5/6-206)
7    Sec. 6-206. Discretionary authority to suspend or revoke
8license or permit; right to a hearing.
9    (a) The Secretary of State is authorized to suspend or
10revoke the driving privileges of any person without preliminary
11hearing upon a showing of the person's records or other
12sufficient evidence that the person:
13        1. Has committed an offense for which mandatory
14    revocation of a driver's license or permit is required upon
15    conviction;
16        2. Has been convicted of not less than 3 offenses
17    against traffic regulations governing the movement of
18    vehicles committed within any 12 month period. No
19    revocation or suspension shall be entered more than 6
20    months after the date of last conviction;
21        3. Has been repeatedly involved as a driver in motor
22    vehicle collisions or has been repeatedly convicted of
23    offenses against laws and ordinances regulating the

 

 

HB3423- 2 -LRB100 10605 AXK 20824 b

1    movement of traffic, to a degree that indicates lack of
2    ability to exercise ordinary and reasonable care in the
3    safe operation of a motor vehicle or disrespect for the
4    traffic laws and the safety of other persons upon the
5    highway;
6        4. Has by the unlawful operation of a motor vehicle
7    caused or contributed to an accident resulting in injury
8    requiring immediate professional treatment in a medical
9    facility or doctor's office to any person, except that any
10    suspension or revocation imposed by the Secretary of State
11    under the provisions of this subsection shall start no
12    later than 6 months after being convicted of violating a
13    law or ordinance regulating the movement of traffic, which
14    violation is related to the accident, or shall start not
15    more than one year after the date of the accident,
16    whichever date occurs later;
17        5. Has permitted an unlawful or fraudulent use of a
18    driver's license, identification card, or permit;
19        6. Has been lawfully convicted of an offense or
20    offenses in another state, including the authorization
21    contained in Section 6-203.1, which if committed within
22    this State would be grounds for suspension or revocation;
23        7. Has refused or failed to submit to an examination
24    provided for by Section 6-207 or has failed to pass the
25    examination;
26        8. Is ineligible for a driver's license or permit under

 

 

HB3423- 3 -LRB100 10605 AXK 20824 b

1    the provisions of Section 6-103;
2        9. Has made a false statement or knowingly concealed a
3    material fact or has used false information or
4    identification in any application for a license,
5    identification card, or permit;
6        10. Has possessed, displayed, or attempted to
7    fraudulently use any license, identification card, or
8    permit not issued to the person;
9        11. Has operated a motor vehicle upon a highway of this
10    State when the person's driving privilege or privilege to
11    obtain a driver's license or permit was revoked or
12    suspended unless the operation was authorized by a
13    monitoring device driving permit, judicial driving permit
14    issued prior to January 1, 2009, probationary license to
15    drive, or a restricted driving permit issued under this
16    Code;
17        12. Has submitted to any portion of the application
18    process for another person or has obtained the services of
19    another person to submit to any portion of the application
20    process for the purpose of obtaining a license,
21    identification card, or permit for some other person;
22        13. Has operated a motor vehicle upon a highway of this
23    State when the person's driver's license or permit was
24    invalid under the provisions of Sections 6-107.1 and 6-110;
25        14. Has committed a violation of Section 6-301,
26    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

 

 

HB3423- 4 -LRB100 10605 AXK 20824 b

1    14B of the Illinois Identification Card Act;
2        15. Has been convicted of violating Section 21-2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012 relating
4    to criminal trespass to vehicles in which case, the
5    suspension shall be for one year;
6        16. Has been convicted of violating Section 11-204 of
7    this Code relating to fleeing from a peace officer;
8        17. Has refused to submit to a test, or tests, as
9    required under Section 11-501.1 of this Code and the person
10    has not sought a hearing as provided for in Section
11    11-501.1;
12        18. Has, since issuance of a driver's license or
13    permit, been adjudged to be afflicted with or suffering
14    from any mental disability or disease;
15        19. Has committed a violation of paragraph (a) or (b)
16    of Section 6-101 relating to driving without a driver's
17    license;
18        20. Has been convicted of violating Section 6-104
19    relating to classification of driver's license;
20        21. Has been convicted of violating Section 11-402 of
21    this Code relating to leaving the scene of an accident
22    resulting in damage to a vehicle in excess of $1,000, in
23    which case the suspension shall be for one year;
24        22. Has used a motor vehicle in violating paragraph
25    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
26    the Criminal Code of 1961 or the Criminal Code of 2012

 

 

HB3423- 5 -LRB100 10605 AXK 20824 b

1    relating to unlawful use of weapons, in which case the
2    suspension shall be for one year;
3        23. Has, as a driver, been convicted of committing a
4    violation of paragraph (a) of Section 11-502 of this Code
5    for a second or subsequent time within one year of a
6    similar violation;
7        24. Has been convicted by a court-martial or punished
8    by non-judicial punishment by military authorities of the
9    United States at a military installation in Illinois or in
10    another state of or for a traffic related offense that is
11    the same as or similar to an offense specified under
12    Section 6-205 or 6-206 of this Code;
13        25. Has permitted any form of identification to be used
14    by another in the application process in order to obtain or
15    attempt to obtain a license, identification card, or
16    permit;
17        26. Has altered or attempted to alter a license or has
18    possessed an altered license, identification card, or
19    permit;
20        27. Has violated Section 6-16 of the Liquor Control Act
21    of 1934;
22        28. Has been convicted for a first time of the illegal
23    possession, while operating or in actual physical control,
24    as a driver, of a motor vehicle, of any controlled
25    substance prohibited under the Illinois Controlled
26    Substances Act, any cannabis prohibited under the Cannabis

 

 

HB3423- 6 -LRB100 10605 AXK 20824 b

1    Control Act, or any methamphetamine prohibited under the
2    Methamphetamine Control and Community Protection Act, in
3    which case the person's driving privileges shall be
4    suspended for one year. Any defendant found guilty of this
5    offense while operating a motor vehicle, shall have an
6    entry made in the court record by the presiding judge that
7    this offense did occur while the defendant was operating a
8    motor vehicle and order the clerk of the court to report
9    the violation to the Secretary of State;
10        29. Has been convicted of the following offenses that
11    were committed while the person was operating or in actual
12    physical control, as a driver, of a motor vehicle: criminal
13    sexual assault, predatory criminal sexual assault of a
14    child, aggravated criminal sexual assault, criminal sexual
15    abuse, aggravated criminal sexual abuse, juvenile pimping,
16    soliciting for a juvenile prostitute, promoting juvenile
17    prostitution as described in subdivision (a)(1), (a)(2),
18    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
19    or the Criminal Code of 2012, and the manufacture, sale or
20    delivery of controlled substances or instruments used for
21    illegal drug use or abuse in which case the driver's
22    driving privileges shall be suspended for one year;
23        30. Has been convicted a second or subsequent time for
24    any combination of the offenses named in paragraph 29 of
25    this subsection, in which case the person's driving
26    privileges shall be suspended for 5 years;

 

 

HB3423- 7 -LRB100 10605 AXK 20824 b

1        31. Has refused to submit to a test as required by
2    Section 11-501.6 of this Code or Section 5-16c of the Boat
3    Registration and Safety Act or has submitted to a test
4    resulting in an alcohol concentration of 0.08 or more or
5    any amount of a drug, substance, or compound resulting from
6    the unlawful use or consumption of cannabis as listed in
7    the Cannabis Control Act, a controlled substance as listed
8    in the Illinois Controlled Substances Act, an intoxicating
9    compound as listed in the Use of Intoxicating Compounds
10    Act, or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act, in which case the
12    penalty shall be as prescribed in Section 6-208.1;
13        32. Has been convicted of Section 24-1.2 of the
14    Criminal Code of 1961 or the Criminal Code of 2012 relating
15    to the aggravated discharge of a firearm if the offender
16    was located in a motor vehicle at the time the firearm was
17    discharged, in which case the suspension shall be for 3
18    years;
19        33. Has as a driver, who was less than 21 years of age
20    on the date of the offense, been convicted a first time of
21    a violation of paragraph (a) of Section 11-502 of this Code
22    or a similar provision of a local ordinance;
23        34. Has committed a violation of Section 11-1301.5 of
24    this Code or a similar provision of a local ordinance;
25        35. Has committed a violation of Section 11-1301.6 of
26    this Code or a similar provision of a local ordinance;

 

 

HB3423- 8 -LRB100 10605 AXK 20824 b

1        36. Is under the age of 21 years at the time of arrest
2    and has been convicted of not less than 2 offenses against
3    traffic regulations governing the movement of vehicles
4    committed within any 24 month period. No revocation or
5    suspension shall be entered more than 6 months after the
6    date of last conviction;
7        37. Has committed a violation of subsection (c) of
8    Section 11-907 of this Code that resulted in damage to the
9    property of another or the death or injury of another;
10        38. Has been convicted of a violation of Section 6-20
11    of the Liquor Control Act of 1934 or a similar provision of
12    a local ordinance;
13        39. Has committed a second or subsequent violation of
14    Section 11-1201 of this Code;
15        40. Has committed a violation of subsection (a-1) of
16    Section 11-908 of this Code;
17        41. Has committed a second or subsequent violation of
18    Section 11-605.1 of this Code, a similar provision of a
19    local ordinance, or a similar violation in any other state
20    within one year 2 years of the date of the previous
21    violation, in which case the suspension shall be for 60 90
22    days;
23        42. Has committed a violation of subsection (a-1) of
24    Section 11-1301.3 of this Code or a similar provision of a
25    local ordinance;
26        43. Has received a disposition of court supervision for

 

 

HB3423- 9 -LRB100 10605 AXK 20824 b

1    a violation of subsection (a), (d), or (e) of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance, in which case the suspension shall be
4    for a period of 3 months;
5        44. Is under the age of 21 years at the time of arrest
6    and has been convicted of an offense against traffic
7    regulations governing the movement of vehicles after
8    having previously had his or her driving privileges
9    suspended or revoked pursuant to subparagraph 36 of this
10    Section;
11        45. Has, in connection with or during the course of a
12    formal hearing conducted under Section 2-118 of this Code:
13    (i) committed perjury; (ii) submitted fraudulent or
14    falsified documents; (iii) submitted documents that have
15    been materially altered; or (iv) submitted, as his or her
16    own, documents that were in fact prepared or composed for
17    another person;
18        46. Has committed a violation of subsection (j) of
19    Section 3-413 of this Code;
20        47. Has committed a violation of Section 11-502.1 of
21    this Code; or
22        48. Has submitted a falsified or altered medical
23    examiner's certificate to the Secretary of State or
24    provided false information to obtain a medical examiner's
25    certificate.
26    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

 

 

HB3423- 10 -LRB100 10605 AXK 20824 b

1and 27 of this subsection, license means any driver's license,
2any traffic ticket issued when the person's driver's license is
3deposited in lieu of bail, a suspension notice issued by the
4Secretary of State, a duplicate or corrected driver's license,
5a probationary driver's license or a temporary driver's
6license.
7    (b) If any conviction forming the basis of a suspension or
8revocation authorized under this Section is appealed, the
9Secretary of State may rescind or withhold the entry of the
10order of suspension or revocation, as the case may be, provided
11that a certified copy of a stay order of a court is filed with
12the Secretary of State. If the conviction is affirmed on
13appeal, the date of the conviction shall relate back to the
14time the original judgment of conviction was entered and the 6
15month limitation prescribed shall not apply.
16    (c) 1. Upon suspending or revoking the driver's license or
17permit of any person as authorized in this Section, the
18Secretary of State shall immediately notify the person in
19writing of the revocation or suspension. The notice to be
20deposited in the United States mail, postage prepaid, to the
21last known address of the person.
22    2. If the Secretary of State suspends the driver's license
23of a person under subsection 2 of paragraph (a) of this
24Section, a person's privilege to operate a vehicle as an
25occupation shall not be suspended, provided an affidavit is
26properly completed, the appropriate fee received, and a permit

 

 

HB3423- 11 -LRB100 10605 AXK 20824 b

1issued prior to the effective date of the suspension, unless 5
2offenses were committed, at least 2 of which occurred while
3operating a commercial vehicle in connection with the driver's
4regular occupation. All other driving privileges shall be
5suspended by the Secretary of State. Any driver prior to
6operating a vehicle for occupational purposes only must submit
7the affidavit on forms to be provided by the Secretary of State
8setting forth the facts of the person's occupation. The
9affidavit shall also state the number of offenses committed
10while operating a vehicle in connection with the driver's
11regular occupation. The affidavit shall be accompanied by the
12driver's license. Upon receipt of a properly completed
13affidavit, the Secretary of State shall issue the driver a
14permit to operate a vehicle in connection with the driver's
15regular occupation only. Unless the permit is issued by the
16Secretary of State prior to the date of suspension, the
17privilege to drive any motor vehicle shall be suspended as set
18forth in the notice that was mailed under this Section. If an
19affidavit is received subsequent to the effective date of this
20suspension, a permit may be issued for the remainder of the
21suspension period.
22    The provisions of this subparagraph shall not apply to any
23driver required to possess a CDL for the purpose of operating a
24commercial motor vehicle.
25    Any person who falsely states any fact in the affidavit
26required herein shall be guilty of perjury under Section 6-302

 

 

HB3423- 12 -LRB100 10605 AXK 20824 b

1and upon conviction thereof shall have all driving privileges
2revoked without further rights.
3    3. At the conclusion of a hearing under Section 2-118 of
4this Code, the Secretary of State shall either rescind or
5continue an order of revocation or shall substitute an order of
6suspension; or, good cause appearing therefor, rescind,
7continue, change, or extend the order of suspension. If the
8Secretary of State does not rescind the order, the Secretary
9may upon application, to relieve undue hardship (as defined by
10the rules of the Secretary of State), issue a restricted
11driving permit granting the privilege of driving a motor
12vehicle between the petitioner's residence and petitioner's
13place of employment or within the scope of the petitioner's
14employment related duties, or to allow the petitioner to
15transport himself or herself, or a family member of the
16petitioner's household to a medical facility, to receive
17necessary medical care, to allow the petitioner to transport
18himself or herself to and from alcohol or drug remedial or
19rehabilitative activity recommended by a licensed service
20provider, or to allow the petitioner to transport himself or
21herself or a family member of the petitioner's household to
22classes, as a student, at an accredited educational
23institution, or to allow the petitioner to transport children,
24elderly persons, or persons with disabilities who do not hold
25driving privileges and are living in the petitioner's household
26to and from daycare. The petitioner must demonstrate that no

 

 

HB3423- 13 -LRB100 10605 AXK 20824 b

1alternative means of transportation is reasonably available
2and that the petitioner will not endanger the public safety or
3welfare.
4        (A) If a person's license or permit is revoked or
5    suspended due to 2 or more convictions of violating Section
6    11-501 of this Code or a similar provision of a local
7    ordinance or a similar out-of-state offense, or Section 9-3
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    where the use of alcohol or other drugs is recited as an
10    element of the offense, or a similar out-of-state offense,
11    or a combination of these offenses, arising out of separate
12    occurrences, that person, if issued a restricted driving
13    permit, may not operate a vehicle unless it has been
14    equipped with an ignition interlock device as defined in
15    Section 1-129.1.
16        (B) If a person's license or permit is revoked or
17    suspended 2 or more times due to any combination of:
18            (i) a single conviction of violating Section
19        11-501 of this Code or a similar provision of a local
20        ordinance or a similar out-of-state offense or Section
21        9-3 of the Criminal Code of 1961 or the Criminal Code
22        of 2012, where the use of alcohol or other drugs is
23        recited as an element of the offense, or a similar
24        out-of-state offense; or
25            (ii) a statutory summary suspension or revocation
26        under Section 11-501.1; or

 

 

HB3423- 14 -LRB100 10605 AXK 20824 b

1            (iii) a suspension under Section 6-203.1;
2    arising out of separate occurrences; that person, if issued
3    a restricted driving permit, may not operate a vehicle
4    unless it has been equipped with an ignition interlock
5    device as defined in Section 1-129.1.
6        (B-5) If a person's license or permit is revoked or
7    suspended due to a conviction for a violation of
8    subparagraph (C) or (F) of paragraph (1) of subsection (d)
9    of Section 11-501 of this Code, or a similar provision of a
10    local ordinance or similar out-of-state offense, that
11    person, if issued a restricted driving permit, may not
12    operate a vehicle unless it has been equipped with an
13    ignition interlock device as defined in Section 1-129.1.
14        (C) The person issued a permit conditioned upon the use
15    of an ignition interlock device must pay to the Secretary
16    of State DUI Administration Fund an amount not to exceed
17    $30 per month. The Secretary shall establish by rule the
18    amount and the procedures, terms, and conditions relating
19    to these fees.
20        (D) If the restricted driving permit is issued for
21    employment purposes, then the prohibition against
22    operating a motor vehicle that is not equipped with an
23    ignition interlock device does not apply to the operation
24    of an occupational vehicle owned or leased by that person's
25    employer when used solely for employment purposes. For any
26    person who, within a 5-year period, is convicted of a

 

 

HB3423- 15 -LRB100 10605 AXK 20824 b

1    second or subsequent offense under Section 11-501 of this
2    Code, or a similar provision of a local ordinance or
3    similar out-of-state offense, this employment exemption
4    does not apply until either a one-year period has elapsed
5    during which that person had his or her driving privileges
6    revoked or a one-year period has elapsed during which that
7    person had a restricted driving permit which required the
8    use of an ignition interlock device on every motor vehicle
9    owned or operated by that person.
10        (E) In each case the Secretary may issue a restricted
11    driving permit for a period deemed appropriate, except that
12    all permits shall expire within one year from the date of
13    issuance. A restricted driving permit issued under this
14    Section shall be subject to cancellation, revocation, and
15    suspension by the Secretary of State in like manner and for
16    like cause as a driver's license issued under this Code may
17    be cancelled, revoked, or suspended; except that a
18    conviction upon one or more offenses against laws or
19    ordinances regulating the movement of traffic shall be
20    deemed sufficient cause for the revocation, suspension, or
21    cancellation of a restricted driving permit. The Secretary
22    of State may, as a condition to the issuance of a
23    restricted driving permit, require the applicant to
24    participate in a designated driver remedial or
25    rehabilitative program. The Secretary of State is
26    authorized to cancel a restricted driving permit if the

 

 

HB3423- 16 -LRB100 10605 AXK 20824 b

1    permit holder does not successfully complete the program.
2        (F) A person subject to the provisions of paragraph 4
3    of subsection (b) of Section 6-208 of this Code may make
4    application for a restricted driving permit at a hearing
5    conducted under Section 2-118 of this Code after the
6    expiration of 5 years from the effective date of the most
7    recent revocation or after 5 years from the date of release
8    from a period of imprisonment resulting from a conviction
9    of the most recent offense, whichever is later, provided
10    the person, in addition to all other requirements of the
11    Secretary, shows by clear and convincing evidence:
12            (i) a minimum of 3 years of uninterrupted
13        abstinence from alcohol and the unlawful use or
14        consumption of cannabis under the Cannabis Control
15        Act, a controlled substance under the Illinois
16        Controlled Substances Act, an intoxicating compound
17        under the Use of Intoxicating Compounds Act, or
18        methamphetamine under the Methamphetamine Control and
19        Community Protection Act; and
20            (ii) the successful completion of any
21        rehabilitative treatment and involvement in any
22        ongoing rehabilitative activity that may be
23        recommended by a properly licensed service provider
24        according to an assessment of the person's alcohol or
25        drug use under Section 11-501.01 of this Code.
26        In determining whether an applicant is eligible for a

 

 

HB3423- 17 -LRB100 10605 AXK 20824 b

1    restricted driving permit under this subparagraph (F), the
2    Secretary may consider any relevant evidence, including,
3    but not limited to, testimony, affidavits, records, and the
4    results of regular alcohol or drug tests. Persons subject
5    to the provisions of paragraph 4 of subsection (b) of
6    Section 6-208 of this Code and who have been convicted of
7    more than one violation of paragraph (3), paragraph (4), or
8    paragraph (5) of subsection (a) of Section 11-501 of this
9    Code shall not be eligible to apply for a restricted
10    driving permit under this subparagraph (F).
11        A restricted driving permit issued under this
12    subparagraph (F) shall provide that the holder may only
13    operate motor vehicles equipped with an ignition interlock
14    device as required under paragraph (2) of subsection (c) of
15    Section 6-205 of this Code and subparagraph (A) of
16    paragraph 3 of subsection (c) of this Section. The
17    Secretary may revoke a restricted driving permit or amend
18    the conditions of a restricted driving permit issued under
19    this subparagraph (F) if the holder operates a vehicle that
20    is not equipped with an ignition interlock device, or for
21    any other reason authorized under this Code.
22        A restricted driving permit issued under this
23    subparagraph (F) shall be revoked, and the holder barred
24    from applying for or being issued a restricted driving
25    permit in the future, if the holder is convicted of a
26    violation of Section 11-501 of this Code, a similar

 

 

HB3423- 18 -LRB100 10605 AXK 20824 b

1    provision of a local ordinance, or a similar offense in
2    another state.
3    (c-3) In the case of a suspension under paragraph 43 of
4subsection (a), reports received by the Secretary of State
5under this Section shall, except during the actual time the
6suspension is in effect, be privileged information and for use
7only by the courts, police officers, prosecuting authorities,
8the driver licensing administrator of any other state, the
9Secretary of State, or the parent or legal guardian of a driver
10under the age of 18. However, beginning January 1, 2008, if the
11person is a CDL holder, the suspension shall also be made
12available to the driver licensing administrator of any other
13state, the U.S. Department of Transportation, and the affected
14driver or motor carrier or prospective motor carrier upon
15request.
16    (c-4) In the case of a suspension under paragraph 43 of
17subsection (a), the Secretary of State shall notify the person
18by mail that his or her driving privileges and driver's license
19will be suspended one month after the date of the mailing of
20the notice.
21    (c-5) The Secretary of State may, as a condition of the
22reissuance of a driver's license or permit to an applicant
23whose driver's license or permit has been suspended before he
24or she reached the age of 21 years pursuant to any of the
25provisions of this Section, require the applicant to
26participate in a driver remedial education course and be

 

 

HB3423- 19 -LRB100 10605 AXK 20824 b

1retested under Section 6-109 of this Code.
2    (d) This Section is subject to the provisions of the
3Drivers License Compact.
4    (e) The Secretary of State shall not issue a restricted
5driving permit to a person under the age of 16 years whose
6driving privileges have been suspended or revoked under any
7provisions of this Code.
8    (f) In accordance with 49 C.F.R. 384, the Secretary of
9State may not issue a restricted driving permit for the
10operation of a commercial motor vehicle to a person holding a
11CDL whose driving privileges have been suspended, revoked,
12cancelled, or disqualified under any provisions of this Code.
13(Source: P.A. 98-103, eff. 1-1-14; 98-122, eff. 1-1-14; 98-726,
14eff. 1-1-15; 98-756, eff. 7-16-14; 99-143, eff. 7-27-15;
1599-290, eff. 1-1-16; 99-467, eff. 1-1-16; 99-483, eff. 1-1-16;
1699-607, eff. 7-22-16; 99-642, eff. 7-28-16.)
 
17    (625 ILCS 5/11-605.1)
18    Sec. 11-605.1. Special limit while traveling through a
19highway construction or maintenance speed zone.
20    (a) A person may not operate a motor vehicle in a
21construction or maintenance speed zone at a speed in excess of
22the posted speed limit when workers are present.
23    (a-5) A person may not operate a motor vehicle in a
24construction or maintenance speed zone at a speed in excess of
25the posted speed limit when workers are not present.

 

 

HB3423- 20 -LRB100 10605 AXK 20824 b

1    (b) Nothing in this Chapter prohibits the use of electronic
2speed-detecting devices within 500 feet of signs within a
3construction or maintenance speed zone indicating the zone, as
4defined in this Section, nor shall evidence obtained by use of
5those devices be inadmissible in any prosecution for speeding,
6provided the use of the device shall apply only to the
7enforcement of the speed limit in the construction or
8maintenance speed zone.
9    (c) As used in this Section, a "construction or maintenance
10speed zone" is an area in which the Department, Toll Highway
11Authority, or local agency has posted signage advising drivers
12that a construction or maintenance speed zone is being
13approached, or in which the Department, Authority, or local
14agency has posted a lower speed limit with a highway
15construction or maintenance speed zone special speed limit sign
16after determining that the preexisting established speed limit
17through a highway construction or maintenance project is
18greater than is reasonable or safe with respect to the
19conditions expected to exist in the construction or maintenance
20speed zone.
21    If it is determined that the preexisting established speed
22limit is safe with respect to the conditions expected to exist
23in the construction or maintenance speed zone, additional speed
24limit signs which conform to the requirements of this
25subsection (c) shall be posted.
26    Highway construction or maintenance speed zone special

 

 

HB3423- 21 -LRB100 10605 AXK 20824 b

1speed limit signs shall be of a design approved by the
2Department. The signs must give proper due warning that a
3construction or maintenance speed zone is being approached and
4must indicate the maximum speed limit in effect. The signs also
5must state the amount of the minimum fine for a violation.
6    (d) Except as provided under subsection (d-5), a person who
7violates this Section is guilty of a petty offense. Violations
8of this Section are punishable with a minimum fine of $250 for
9the first violation and a minimum fine of $750 for the second
10or subsequent violation.
11    (d-5) A person committing a violation of this Section is
12guilty of aggravated special speed limit while traveling
13through a highway construction or maintenance speed zone when
14he or she drives a motor vehicle at a speed that is:
15        (1) 26 miles per hour or more but less than 35 miles
16    per hour in excess of the applicable special speed limit
17    established under this Section or a similar provision of a
18    local ordinance and is guilty of a Class B misdemeanor; or
19        (2) 35 miles per hour or more in excess of the
20    applicable special speed limit established under this
21    Section or a similar provision of a local ordinance and is
22    guilty of a Class A misdemeanor.
23    (e) If a fine for a violation of this Section is $250 or
24greater, the person who violated this Section shall be charged
25an additional $125, which shall be deposited into the
26Transportation Safety Highway Hire-back Fund in the State

 

 

HB3423- 22 -LRB100 10605 AXK 20824 b

1treasury, unless (i) the violation occurred on a highway other
2than an interstate highway and (ii) a county police officer
3wrote the ticket for the violation, in which case the $125
4shall be deposited into that county's Transportation Safety
5Highway Hire-back Fund. In the case of a second or subsequent
6violation of this Section, if the fine is $750 or greater, the
7person who violated this Section shall be charged an additional
8$250, which shall be deposited into the Transportation Safety
9Highway Hire-back Fund in the State treasury, unless (i) the
10violation occurred on a highway other than an interstate
11highway and (ii) a county police officer wrote the ticket for
12the violation, in which case the $250 shall be deposited into
13that county's Transportation Safety Highway Hire-back Fund.
14    (e-5) The Department of State Police and the local county
15police department have concurrent jurisdiction over any
16violation of this Section that occurs on an interstate highway.
17    (f) The Transportation Safety Highway Hire-back Fund,
18which was created by Public Act 92-619, shall continue to be a
19special fund in the State treasury. Subject to appropriation by
20the General Assembly and approval by the Secretary, the
21Secretary of Transportation shall use all moneys in the
22Transportation Safety Highway Hire-back Fund to hire off-duty
23Department of State Police officers to monitor construction or
24maintenance zones.
25    (f-5) Each county shall create a Transportation Safety
26Highway Hire-back Fund. The county shall use the moneys in its

 

 

HB3423- 23 -LRB100 10605 AXK 20824 b

1Transportation Safety Highway Hire-back Fund to hire off-duty
2county police officers to monitor construction or maintenance
3zones in that county on highways other than interstate
4highways. The county, in its discretion, may also use a portion
5of the moneys in its Transportation Safety Highway Hire-back
6Fund to purchase equipment for county law enforcement and fund
7the production of materials to educate drivers on construction
8zone safe driving habits.
9    (g) For a second or subsequent violation of this Section
10within one year 2 years of the date of the previous violation,
11the Secretary of State shall suspend the driver's license of
12the violator for a period of 60 90 days. This suspension shall
13only be imposed if the current violation of this Section and at
14least one prior violation of this Section occurred during a
15period when workers were present in the construction or
16maintenance zone.
17(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
18eff. 1-1-16; 99-642, eff. 7-28-16.)