Illinois General Assembly - Full Text of HB1204
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Full Text of HB1204  93rd General Assembly

HB1204 93rd General Assembly


093_HB1204

 
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 1        AN ACT in regard to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Section 11-1301.3 as follows:

 6        (625 ILCS 5/11-1301.3) (from Ch. 95 1/2, par. 11-1301.3)
 7        Sec.   11-1301.3.  Unauthorized  use  of  parking  places
 8    reserved for persons with disabilities.
 9        (a)  No person may It shall be  prohibited  to  park  any
10    motor  vehicle  which is not properly displaying registration
11    plates or decals issued to a  person  with  disabilities,  as
12    defined  by  Section  1-159.1,  pursuant  to  Sections 3-616,
13    11-1301.1  or 11-1301.2, or to a disabled veteran pursuant to
14    Section 3-609 of this Act, as evidence that  the  vehicle  is
15    operated  by  or  for  a person with disabilities or disabled
16    veteran, in any  parking  place,  including  any  private  or
17    public  offstreet parking facility, specifically reserved, by
18    the posting of an official sign as designated  under  Section
19    11-301,  for  motor  vehicles  displaying  such  registration
20    plates. It shall be prohibited to park any motor vehicle in a
21    designated   access  aisle  adjacent  to  any  parking  place
22    specifically reserved for persons with disabilities,  by  the
23    posting  of  an  official  sign  as  designated under Section
24    11-301,  for  motor  vehicles  displaying  such  registration
25    plates. When using the parking privileges  for  persons  with
26    disabilities,  the parking decal or device must  be displayed
27    properly in the vehicle where it is clearly  visible  to  law
28    enforcement  personnel,  either  hanging  from  the  rearview
29    mirror  or  placed  on  the dashboard of the vehicle in clear
30    view. An individual with  a  vehicle  properly  displaying  a
31    person  with  disabilities  license plate or parking decal or
 
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 1    device issued to a  disabled  person  under  Sections  3-616,
 2    11-1301.1,  or  11-1301.2  is in violation of this Section if
 3    the person is not the authorized  holder  of  a  person  with
 4    disabilities  license plate or parking decal or device and is
 5    not transporting the  authorized  holder  of  a  person  with
 6    disabilities  license  plate or parking decal or device to or
 7    from the parking location and the person uses the person with
 8    disabilities license plate or  parking  decal  or  device  to
 9    exercise  any  privileges  granted  through  the  person with
10    disabilities license plates  or  parking  decals  or  devices
11    under  this  Code.  Any  motor  vehicle properly displaying a
12    person with disabilities  license  plate  or  a  person  with
13    disabilities   parking   decal   or   device  containing  the
14    International  symbol  of  access  issued  to  persons   with
15    disabilities   by   any  local  authority,  state,  district,
16    territory or foreign country shall be recognized by State and
17    local authorities as a valid  license  plate  or  device  and
18    receive  the  same  parking  privileges  as residents of this
19    State.
20        (b)  Any person or local authority  owning  or  operating
21    any  public  or private offstreet parking facility may, after
22    notifying the police or sheriff's department, remove or cause
23    to be removed to the nearest garage or other place of  safety
24    any  vehicle  parked within a stall or space reserved for use
25    by a person with disabilities which does not  display  person
26    with  disabilities  registration plates or a special decal or
27    device as required under this Section.
28        (c)  Any person found guilty of violating the  provisions
29    of  this Section shall be fined $100 in addition to any costs
30    or charges connected with the removal or storage of any motor
31    vehicle authorized under this Section; but municipalities  by
32    ordinance  may  impose  a  fine  up to $200 and shall display
33    signs indicating the fine imposed.  If the amount of the fine
34    is subsequently changed, the municipality  shall  change  the
 
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 1    sign to indicate the current amount of the fine. It shall not
 2    be  a  defense  to  a charge under this Section that the sign
 3    posted pursuant to this Section  does  not  comply  with  the
 4    technical   requirements   of   Section   11-301,  Department
 5    regulations, or local ordinance if a reasonable person  would
 6    be  made  aware  by the sign or notice on or near the parking
 7    place  that  the  place  is  reserved  for  a   person   with
 8    disabilities.
 9        (d)  Local  authorities shall impose fines as established
10    in subsection (c) for violations of this Section.
11        (e)  As used in this Section, "authorized  holder"  means
12    an individual issued a person with disabilities license plate
13    under  Section  3-616  of this Code or an individual issued a
14    person  with  disabilities  parking  decal  or  device  under
15    Section 11-1301.2 of this Code.
16    (Source: P.A.  91-427,  eff.  8-6-99;  92-411,  eff.  1-1-02;
17    92-637, eff. 1-1-03.)