97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5863

 

Introduced 2/16/2012, by Rep. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-605.1
625 ILCS 5/12-610.1
625 ILCS 5/12-610.2

    Amends the Illinois Vehicle Code. Provides that the special speed limit while traveling through a highway construction or maintenance speed zone applies only when workers are present in the construction or maintenance speed zone. Provides that the prohibition against use of a wireless telephone in a construction or maintenance speed zone applies only when workers are present. Exempts persons who are stopped on a highway in a construction or maintenance speed zone due to traffic congestion from the prohibitions against using a wireless telephone or electronic communication device.


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A BILL FOR

 

HB5863LRB097 18963 HEP 64201 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
5Sections 11-605.1, 12-610.1, and 12-610.2 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,
17provided the use of the device shall apply only to the
18enforcement of the speed limit in the construction or
19maintenance speed zone.
20    (c) As used in this Section, a "construction or maintenance
21speed zone" is an area in which the Department, Toll Highway
22Authority, or local agency has determined that the preexisting
23established speed limit through a highway construction or

 

 

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1maintenance project is greater than is reasonable or safe with
2respect to the conditions expected to exist in the construction
3or maintenance speed zone and has posted a lower speed limit
4with a highway construction or maintenance speed zone special
5speed limit sign.
6    Highway construction or maintenance speed zone special
7speed limit signs shall be of a design approved by the
8Department. The signs must give proper due warning that a
9construction or maintenance speed zone is being approached and
10must indicate the maximum speed limit in effect. The signs also
11must state the amount of the minimum fine for a violation.
12    (d) A first violation of this Section is a petty offense
13with a minimum fine of $250. A second or subsequent violation
14of this Section is a petty offense with a minimum fine of $750.
15    (e) If a fine for a violation of this Section is $250 or
16greater, the person who violated this Section shall be charged
17an additional $125, which shall be deposited into the
18Transportation Safety Highway Hire-back Fund in the State
19treasury, unless (i) the violation occurred on a highway other
20than an interstate highway and (ii) a county police officer
21wrote the ticket for the violation, in which case the $125
22shall be deposited into that county's Transportation Safety
23Highway Hire-back Fund. In the case of a second or subsequent
24violation of this Section, if the fine is $750 or greater, the
25person who violated this Section shall be charged an additional
26$250, which shall be deposited into the Transportation Safety

 

 

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1Highway Hire-back Fund in the State treasury, unless (i) the
2violation occurred on a highway other than an interstate
3highway and (ii) a county police officer wrote the ticket for
4the violation, in which case the $250 shall be deposited into
5that county's Transportation Safety Highway Hire-back Fund.
6    (e-5) The Department of State Police and the local county
7police department have concurrent jurisdiction over any
8violation of this Section that occurs on an interstate highway.
9    (f) The Transportation Safety Highway Hire-back Fund,
10which was created by Public Act 92-619, shall continue to be a
11special fund in the State treasury. Subject to appropriation by
12the General Assembly and approval by the Secretary, the
13Secretary of Transportation shall use all moneys in the
14Transportation Safety Highway Hire-back Fund to hire off-duty
15Department of State Police officers to monitor construction or
16maintenance zones.
17    (f-5) Each county shall create a Transportation Safety
18Highway Hire-back Fund. The county shall use all moneys in its
19Transportation Safety Highway Hire-back Fund to hire off-duty
20county police officers to monitor construction or maintenance
21zones in that county on highways other than interstate
22highways.
23    (g) For a second or subsequent violation of this Section
24within 2 years of the date of the previous violation, the
25Secretary of State shall suspend the driver's license of the
26violator for a period of 90 days.

 

 

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1    (h) This Section applies only when workers are present in
2the construction or maintenance speed zone.
3(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
 
4    (625 ILCS 5/12-610.1)
5    Sec. 12-610.1. Wireless telephones.
6    (a) As used in this Section, "wireless telephone" means a
7device that is capable of transmitting or receiving telephonic
8communications without a wire connecting the device to the
9telephone network.
10    (b) A person under the age of 19 years who holds an
11instruction permit issued under Section 6-105 or 6-107.1, or a
12person under the age of 19 years who holds a graduated license
13issued under Section 6-107, may not drive a vehicle on a
14roadway while using a wireless phone.
15    (c) This Section does not apply to a person under the age
16of 19 years using a wireless telephone for emergency purposes,
17including, but not limited to, an emergency call to a law
18enforcement agency, health care provider, fire department, or
19other emergency services agency or entity.
20    (d) If a graduated driver's license holder over the age of
2118 committed an offense against traffic regulations governing
22the movement of vehicles or any violation of Section 6-107 or
23Section 12-603.1 of this Code in the 6 months prior to the
24graduated driver's license holder's 18th birthday, and was
25subsequently convicted of the violation, the provisions of

 

 

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1paragraph (b) shall continue to apply until such time as a
2period of 6 consecutive months has elapsed without an
3additional violation and subsequent conviction of an offense
4against traffic regulations governing the movement of vehicles
5or any violation of Section 6-107 or Section 12-603.1 of this
6Code.
7    (e) A person, regardless of age, may not use a wireless
8telephone at any time while operating a motor vehicle on a
9roadway in a school speed zone established under Section
1011-605, or on a highway in a construction or maintenance speed
11zone established under Section 11-605.1 in which workers are
12present. This subsection (e) does not apply to (i) a person
13engaged in a highway construction or maintenance project for
14which a construction or maintenance speed zone has been
15established under Section 11-605.1, (ii) a person using a
16wireless telephone for emergency purposes, including, but not
17limited to, law enforcement agency, health care provider, fire
18department, or other emergency services agency or entity, (iii)
19a law enforcement officer or operator of an emergency vehicle
20when performing the officer's or operator's official duties, or
21(iv) to a person using a wireless telephone in voice-activated
22mode, or (v) to a person using a wireless telephone on a
23highway in a construction or maintenance speed zone established
24under Section 11-605.1 who is stopped due to traffic
25congestion.
26(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,

 

 

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1eff. 8-21-08; 96-131, eff. 1-1-10.)
 
2    (625 ILCS 5/12-610.2)
3    Sec. 12-610.2. Electronic communication devices.
4    (a) As used in this Section:
5    "Electronic communication device" means an electronic
6device, including but not limited to a wireless telephone,
7personal digital assistant, or a portable or mobile computer
8while being used for the purpose of composing, reading, or
9sending an electronic message, but does not include a global
10positioning system or navigation system or a device that is
11physically or electronically integrated into the motor
12vehicle.
13    "Electronic message" means a self-contained piece of
14digital communication that is designed or intended to be
15transmitted between physical devices. "Electronic message"
16includes, but is not limited to electronic mail, a text
17message, an instant message, or a command or request to access
18an Internet site.
19    (b) A person may not operate a motor vehicle on a roadway
20while using an electronic communication device to compose,
21send, or read an electronic message.
22    (c) A violation of this Section is an offense against
23traffic regulations governing the movement of vehicles.
24    (d) This Section does not apply to:
25        (1) a law enforcement officer or operator of an

 

 

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1    emergency vehicle while performing his or her official
2    duties;
3        (2) a driver using an electronic communication device
4    for the sole purpose of reporting an emergency situation
5    and continued communication with emergency personnel
6    during the emergency situation;
7        (3) a driver using an electronic communication device
8    in hands-free or voice-activated mode;
9        (4) a driver of a commercial motor vehicle reading a
10    message displayed on a permanently installed communication
11    device designed for a commercial motor vehicle with a
12    screen that does not exceed 10 inches tall by 10 inches
13    wide in size;
14        (5) a driver using an electronic communication device
15    while parked on the shoulder of a roadway; or
16        (6) a driver using an electronic communication device
17    when the vehicle is stopped due to normal traffic being
18    obstructed and the driver has the motor vehicle
19    transmission in neutral or park; or .
20        (7) a driver using an electronic communication device
21    on a highway in a construction or maintenance speed zone
22    established under Section 11-605.1 of this Code who is
23    stopped due to traffic congestion.
24(Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)