State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
[ Senate Amendment 001 ]

91_SB0737eng

 
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 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Sections 2-120 and 11-605.

 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 Sections  2-120 and 11-605 as follows:

 7        (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
 8        Sec. 2-120. Disposition of fines and forfeitures.
 9        (a) Except as  provided  in  subsection  (f)  of  Section
10    11-605  of this Code, fines and penalties recovered under the
11    provisions of this  Act  administered  by  the  Secretary  of
12    State,   except   those   fines   and  penalties  subject  to
13    disbursement by the circuit clerk under Section 27.5  of  the
14    Clerks of Courts Act, shall be paid over and used as follows:
15             1.   For violations of this Act committed within the
16        limits  of  an  incorporated  city  or  village,  to  the
17        treasurer of the particular city or village, if  arrested
18        by  the authorities of the city or village and reasonably
19        prosecuted for all fines and penalties under this Act  by
20        the police officers and officials of the city or village.
21             2.  For violations of this Act committed outside the
22        limits  of  an incorporated city or village to the county
23        treasurer of the court where the offense was committed.
24             3.  For the purposes of  this  Act  an  offense  for
25        violation of any provision of this Act not committed upon
26        the  highway  shall  be  deemed to be committed where the
27        violator resides or where he  has  a  place  of  business
28        requiring some registration, permit or license to operate
29        such business under this Act.
30        (b)  Failure,  refusal  or  neglect  on  the  part of any
31    judicial or other officer or  employee  receiving  or  having
 
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 1    custody of any such fine or forfeiture either before or after
 2    a  deposit  with  the proper official as defined in paragraph
 3    (a) of this Section, shall constitute  misconduct  in  office
 4    and shall be grounds for removal therefrom.
 5    (Source: P.A. 87-671.)

 6        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
 7        Sec. 11-605. Special speed limit while passing schools or
 8    while  traveling  through highway construction or maintenance
 9    zones.
10        (a)  For the purpose of this Section, "school" means  the
11    following entities:
12             (1)  A   public  or  private  primary  or  secondary
13        school.
14             (2)  A primary or secondary  school  operated  by  a
15        religious institution.
16             (3)  A public, private, or religious nursery school.
17        On  a  school day when school children are present and so
18    close thereto that a potential hazard exists because  of  the
19    close  proximity  of  the  motorized traffic, no person shall
20    drive a motor vehicle at a speed in excess of  20  miles  per
21    hour  while passing a school zone or while traveling upon any
22    public thoroughfare where children pass  going  to  and  from
23    school.
24        For  the purpose of this Section a school day shall begin
25    at seven ante  meridian  and  shall  conclude  at  four  post
26    meridian.
27        This  Section  shall not be applicable unless appropriate
28    signs are  posted  upon  streets  and  highways  under  their
29    respective  jurisdiction  and  maintained  by the Department,
30    township,   county,   park   district,   city,   village   or
31    incorporated town wherein the school zone  is  located.  With
32    regard to the special speed limit while passing schools, such
33    signs  shall  give  proper  due warning that a school zone is
 
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 1    being approached and shall indicate the school zone  and  the
 2    maximum  speed limit in effect during school days when school
 3    children are present.
 4        (b)  No  person  shall  operate  a  motor  vehicle  in  a
 5    construction or maintenance zone at a speed in excess of  the
 6    posted  speed  limit when workers are present and so close to
 7    the moving traffic that a potential hazard exists because  of
 8    the motorized traffic.
 9        (c)  Nothing  in  this  Chapter shall prohibit the use of
10    electronic speed-detecting devices within 500 feet  of  signs
11    within  a  special  school  speed  zone  or a construction or
12    maintenance zone indicating such zone,  as  defined  in  this
13    Section,  nor shall evidence obtained thereby be inadmissible
14    in any prosecution for speeding  provided  the  use  of  such
15    device shall apply only to the enforcement of the speed limit
16    in  such  special  school  speed  zone  or  a construction or
17    maintenance zone.
18        (d)  For the purpose of this Section, a  construction  or
19    maintenance  zone  is  an  area in which the Department, Toll
20    Highway Authority, or local agency has  determined  that  the
21    preexisting   established   speed  limit  through  a  highway
22    construction  or  maintenance  project  is  greater  than  is
23    reasonable or safe with respect to the conditions expected to
24    exist in the construction or maintenance zone and has  posted
25    a   lower   speed   limit  with  a  highway  construction  or
26    maintenance zone special speed limit sign.
27        Highway construction or maintenance  zone  special  speed
28    limit  signs shall be of a design approved by the Department.
29    The signs shall give proper due warning that  a  construction
30    or  maintenance  zone  is being approached and shall indicate
31    the maximum speed limit in  effect.   The  signs  shall  also
32    state  the  amount  of  the minimum fine for a violation when
33    workers are present.
34        (e)  A violation of this Section shall be a petty offense
 
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 1    with a minimum fine of $150.
 2        (f)  In addition to the fine provided for  in  subsection
 3    (e),  a  person  who violates subsection (a) shall be charged
 4    $50 to  be  paid  to  the  unit  school  district  where  the
 5    violation  occurred  for  school  safety  purposes.   If  the
 6    violation  occurred  in  a  dual  school district, $25 of the
 7    surcharge shall be paid to the elementary school district for
 8    school safety purposes and $25 of the surcharge shall be paid
 9    to the high  school  district  for  school  safety  purposes.
10    Notwithstanding  any  other  provision of law, the entire $50
11    surcharge shall be paid to the appropriate school district or
12    districts.
13        For purposes  of  this  subsection  (f),  "school  safety
14    purposes"  includes  the  costs associated with the purchase,
15    installation, and maintenance of  caution  lights  which  are
16    mounted on school speed zone signs.
17    (Source: P.A. 89-251, eff. 1-1-96; 89-559, eff. 1-1-97.)

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