Rep. Karen May

Filed: 2/29/2012

 

 


 

 


 
09700HB4009ham002LRB097 15983 HEP 66742 a

1
AMENDMENT TO HOUSE BILL 4009

2    AMENDMENT NO. ______. Amend House Bill 4009 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-605.1 as follows:
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit.
12    (b) Nothing in this Chapter prohibits the use of electronic
13speed-detecting devices within 500 feet of signs within a
14construction or maintenance speed zone indicating the zone, as
15defined in this Section, nor shall evidence obtained by use of
16those devices be inadmissible in any prosecution for speeding,

 

 

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1provided the use of the device shall apply only to the
2enforcement of the speed limit in the construction or
3maintenance speed zone.
4    (c) As used in this Section, a "construction or maintenance
5speed zone" is an area in which the Department, Toll Highway
6Authority, or local agency has posted signage advising drivers
7that a construction or maintenance speed zone is being
8approached, or in which the Department, Authority, or local
9agency has posted a lower speed limit with a highway
10construction or maintenance speed zone special speed limit sign
11after determining determined that the preexisting established
12speed limit through a highway construction or maintenance
13project is greater than is reasonable or safe with respect to
14the conditions expected to exist in the construction or
15maintenance speed zone and has posted a lower speed limit with
16a highway construction or maintenance speed zone special speed
17limit sign.
18    If it is determined that the preexisting established speed
19limit is safe with respect to the conditions expected to exist
20in the construction or maintenance speed zone, additional speed
21limit signs which conform to the requirements of this
22subsection (c) shall be posted.
23    Highway construction or maintenance speed zone special
24speed limit signs shall be of a design approved by the
25Department. The signs must give proper due warning that a
26construction or maintenance speed zone is being approached and

 

 

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1must indicate the maximum speed limit in effect. The signs also
2must state the amount of the minimum fine for a violation.
3    (d) A first violation of this Section is a petty offense
4with a minimum fine of $250. A second or subsequent violation
5of this Section is a petty offense with a minimum fine of $750.
6    (e) If a fine for a violation of this Section is $250 or
7greater, the person who violated this Section shall be charged
8an additional $125, which shall be deposited into the
9Transportation Safety Highway Hire-back Fund in the State
10treasury, unless (i) the violation occurred on a highway other
11than an interstate highway and (ii) a county police officer
12wrote the ticket for the violation, in which case the $125
13shall be deposited into that county's Transportation Safety
14Highway Hire-back Fund. In the case of a second or subsequent
15violation of this Section, if the fine is $750 or greater, the
16person who violated this Section shall be charged an additional
17$250, which shall be deposited into the Transportation Safety
18Highway Hire-back Fund in the State treasury, unless (i) the
19violation occurred on a highway other than an interstate
20highway and (ii) a county police officer wrote the ticket for
21the violation, in which case the $250 shall be deposited into
22that county's Transportation Safety Highway Hire-back Fund.
23    (e-5) The Department of State Police and the local county
24police department have concurrent jurisdiction over any
25violation of this Section that occurs on an interstate highway.
26    (f) The Transportation Safety Highway Hire-back Fund,

 

 

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1which was created by Public Act 92-619, shall continue to be a
2special fund in the State treasury. Subject to appropriation by
3the General Assembly and approval by the Secretary, the
4Secretary of Transportation shall use all moneys in the
5Transportation Safety Highway Hire-back Fund to hire off-duty
6Department of State Police officers to monitor construction or
7maintenance zones.
8    (f-5) Each county shall create a Transportation Safety
9Highway Hire-back Fund. The county shall use all moneys in its
10Transportation Safety Highway Hire-back Fund to hire off-duty
11county police officers to monitor construction or maintenance
12zones in that county on highways other than interstate
13highways.
14    (g) For a second or subsequent violation of this Section
15within 2 years of the date of the previous violation, the
16Secretary of State shall suspend the driver's license of the
17violator for a period of 90 days.
18(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)".