State of Illinois
91st General Assembly
Legislation

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91_HB0449

 
                                               LRB9102374KScs

 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 12-715.

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

 5        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 6    changing Section 12-715 as follows:

 7        (625 ILCS 5/12-715)
 8        Sec. 12-715.  Possession and use of radar jamming devices
 9    prohibited.
10        (a)  No person shall operate or  be  in  actual  physical
11    control  of  a commercial motor vehicle as defined in Section
12    6-500(6) of this Code while the  motor  vehicle  is  equipped
13    with  any instrument designed to interfere with microwaves or
14    lasers at frequencies used by police radar for the purpose of
15    monitoring vehicular speed.
16        (b)  Notwithstanding subsection (a) of  this  Section,  a
17    person  operating  a  commercial  motor vehicle as defined in
18    Section 6-500(6) of  this  Code,  who  possesses  within  the
19    vehicle  a radar or laser jamming device that is contained in
20    a locked opaque box or similar container, or that is  not  in
21    the  passenger compartment of the vehicle, and that is not in
22    operation, shall not be in violation  of  subsection  (a)  of
23    this Section.
24        Any  person  found guilty of violating this Section shall
25    be guilty of a petty offense.  A minimum fine of $50 shall be
26    imposed for a first offense and a minimum fine of $100 for  a
27    second or subsequent offense.
28        (c)  The radar or laser jamming device or mechanism shall
29    be  seized  by the law enforcement officer at the time of the
30    violation.  This Section shall not be construed to  authorize
31    the  permanent  forfeiture to the State of any radar or laser
 
                            -2-                LRB9102374KScs
 1    jamming device or mechanism.  Any such  device  or  mechanism
 2    shall  be  taken  and  held  for  the  period  when needed as
 3    evidence.  When no longer needed for evidence, the  defendant
 4    may  petition  the  court  for  the  return  of the device or
 5    mechanism; provided the defendant shall prove to the court by
 6    a preponderance of the evidence that the device or  mechanism
 7    will be used only for a legitimate and lawful purpose.
 8        (d)  No  commercial  motor  vehicle,  or  driver  of such
 9    vehicle, shall be stopped or searched by any law  enforcement
10    officer  solely  on  the  basis  of  a violation or suspected
11    violation of this Section.
12    (Source: P.A. 90-89, eff. 1-1-98.)

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