HB3892 99TH GENERAL ASSEMBLY

LRB099 09247 RJF 29451 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3892

Introduced , by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-215.1

Amends the Illinois Vehicle Code. Provides that only a person authorized to possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of an emergency vehicle may purchase oscillating, rotating, or flashing lights for an emergency vehicle. Requires the purchaser of oscillating, rotating, or flashing lights for an emergency vehicle to provide identification proving his or her status as a law enforcement officer, ambulance technician or driver, firefighter, any other person authorized to possess emergency vehicle lights, or a person authorized to purchase on behalf of any person or entity authorized to possess emergency vehicle lights. Makes a conforming change.

A BILL FOR

AN ACT concerning transportation.

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

Section 5. The Illinois Vehicle Code is amended by changing Section 12-215.1 as follows:

(625 ILCS 5/12-215.1)

Sec. 12-215.1. Possession and purchase of oscillating, rotating, or flashing lights in motor vehicles; police equipment, markings, and other indicia of emergency vehicle authority.

(a) A person, except those given exceptions in Section 12-215 or 12-609 of this Code, may not possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle, including but not limited to wig-wags, red and blue LEDs, sirens, mounted or affixed devices or other equipment, markings or indicia of emergency vehicle authority.

(b) A person found guilty of violating this Section is guilty of a Class A misdemeanor.

(a-5) Only a person authorized to possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of an emergency vehicle under Section 12-215 may purchase oscillating, rotating, or flashing lights for an emergency vehicle. The purchaser of oscillating, rotating, or flashing lights for an emergency vehicle must provide identification, which may include a badge, as proof of his or her status as a law enforcement officer, ambulance technician or driver, firefighter, any other person authorized to possess emergency vehicle lights under Section 12-215, or a person authorized to purchase on behalf of any person or entity authorized to possess emergency vehicle lights under Section 12-215.

(c) Oscillating, rotating, or flashing lights and any other equipment, markings, or indicia of emergency vehicle authority shall be seized by the law enforcement officer at the time of a violation of this Section or of Section 12-215 or 12-609 of this Code upon any legal search. The officer may seize the vehicle containing the prohibited device or mechanism, and this device or mechanism shall be removed and held for evidentiary purposes. When the device or mechanism is no longer needed for evidence, the defendant may petition the court for the return of the device or mechanism. The defendant must prove to the court by a preponderance of the evidence that the device or mechanism will be used for a legitimate and lawful purpose.

(Source: P.A. 98-468, eff. 8-16-13.)