[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] |
91_SB0737sam001
SRS91SB0737AKcham01
1 AMENDMENT TO SENATE BILL 737
2 AMENDMENT NO. . Amend Senate Bill 737 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 2-120 and 11-605."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 2-120 and 11-605 as follow:
10 (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
11 Sec. 2-120. Disposition of fines and forfeitures.
12 (a) Except as provided in subsection (f) of Section
13 11-605 of this Code, fines and penalties recovered under the
14 provisions of this Act administered by the Secretary of
15 State, except those fines and penalties subject to
16 disbursement by the circuit clerk under Section 27.5 of the
17 Clerks of Courts Act, shall be paid over and used as follows:
18 1. For violations of this Act committed within the
19 limits of an incorporated city or village, to the
20 treasurer of the particular city or village, if arrested
21 by the authorities of the city or village and reasonably
-2- SRS91SB0737AKcham01
1 prosecuted for all fines and penalties under this Act by
2 the police officers and officials of the city or village.
3 2. For violations of this Act committed outside the
4 limits of an incorporated city or village to the county
5 treasurer of the court where the offense was committed.
6 3. For the purposes of this Act an offense for
7 violation of any provision of this Act not committed upon
8 the highway shall be deemed to be committed where the
9 violator resides or where he has a place of business
10 requiring some registration, permit or license to operate
11 such business under this Act.
12 (b) Failure, refusal or neglect on the part of any
13 judicial or other officer or employee receiving or having
14 custody of any such fine or forfeiture either before or after
15 a deposit with the proper official as defined in paragraph
16 (a) of this Section, shall constitute misconduct in office
17 and shall be grounds for removal therefrom.
18 (Source: P.A. 87-671.)
19 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
20 Sec. 11-605. Special speed limit while passing schools or
21 while traveling through highway construction or maintenance
22 zones.
23 (a) For the purpose of this Section, "school" means the
24 following entities:
25 (1) A public or private primary or secondary
26 school.
27 (2) A primary or secondary school operated by a
28 religious institution.
29 (3) A public, private, or religious nursery school.
30 On a school day when school children are present and so
31 close thereto that a potential hazard exists because of the
32 close proximity of the motorized traffic, no person shall
33 drive a motor vehicle at a speed in excess of 20 miles per
-3- SRS91SB0737AKcham01
1 hour while passing a school zone or while traveling upon any
2 public thoroughfare where children pass going to and from
3 school.
4 For the purpose of this Section a school day shall begin
5 at seven ante meridian and shall conclude at four post
6 meridian.
7 This Section shall not be applicable unless appropriate
8 signs are posted upon streets and highways under their
9 respective jurisdiction and maintained by the Department,
10 township, county, park district, city, village or
11 incorporated town wherein the school zone is located. With
12 regard to the special speed limit while passing schools, such
13 signs shall give proper due warning that a school zone is
14 being approached and shall indicate the school zone and the
15 maximum speed limit in effect during school days when school
16 children are present.
17 (b) No person shall operate a motor vehicle in a
18 construction or maintenance zone at a speed in excess of the
19 posted speed limit when workers are present and so close to
20 the moving traffic that a potential hazard exists because of
21 the motorized traffic.
22 (c) Nothing in this Chapter shall prohibit the use of
23 electronic speed-detecting devices within 500 feet of signs
24 within a special school speed zone or a construction or
25 maintenance zone indicating such zone, as defined in this
26 Section, nor shall evidence obtained thereby be inadmissible
27 in any prosecution for speeding provided the use of such
28 device shall apply only to the enforcement of the speed limit
29 in such special school speed zone or a construction or
30 maintenance zone.
31 (d) For the purpose of this Section, a construction or
32 maintenance zone is an area in which the Department, Toll
33 Highway Authority, or local agency has determined that the
34 preexisting established speed limit through a highway
-4- SRS91SB0737AKcham01
1 construction or maintenance project is greater than is
2 reasonable or safe with respect to the conditions expected to
3 exist in the construction or maintenance zone and has posted
4 a lower speed limit with a highway construction or
5 maintenance zone special speed limit sign.
6 Highway construction or maintenance zone special speed
7 limit signs shall be of a design approved by the Department.
8 The signs shall give proper due warning that a construction
9 or maintenance zone is being approached and shall indicate
10 the maximum speed limit in effect. The signs shall also
11 state the amount of the minimum fine for a violation when
12 workers are present.
13 (e) A violation of this Section shall be a petty offense
14 with a minimum fine of $150.
15 (f) In addition to the fine provided for in subsection
16 (e), a person who violates subsection (a) shall be charged
17 $50 to be paid to the unit school district where the
18 violation occurred for school safety purposes. If the
19 violation occurred in a dual school district, $25 of the
20 surcharge shall be paid to the elementary school district for
21 school safety purposes and $25 of the surcharge shall be paid
22 to the high school district for school safety purposes.
23 Notwithstanding any other provision of law, the entire $50
24 surcharge shall be paid to the appropriate school district or
25 districts.
26 For purposes of this subsection (f), "school safety
27 purposes" includes the costs associated with the purchase,
28 installation, and maintenance of caution lights which are
29 mounted on school speed zone signs.
30 (Source: P.A. 89-251, eff. 1-1-96; 89-559, eff. 1-1-97.)".