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Public Act 094-0594


 

Public Act 0594 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0594
 
SB1221 Enrolled LRB094 10047 DRH 40305 b

    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 adding
Section 12-613 as follows:
 
    (625 ILCS 5/12-613 new)
    Sec. 12-613. Possession and use of radar or laser jamming
devices prohibited.
    (a) Except as provided in subsection (b), a person may not
operate or be in actual physical control of a motor vehicle
while the motor vehicle is equipped with any instrument
designed to interfere with microwaves or lasers at frequencies
used by police radar for the purpose of monitoring vehicular
speed.
    (b) A person operating a motor vehicle who possesses within
the vehicle a radar or laser jamming device that is contained
in a locked opaque box or similar container, or that is not in
the passenger compartment of the vehicle, and that is not in
operation, is not in violation of this Section.
    (c) Any person found guilty of violating this Section is
guilty of a petty offense. A minimum fine of $50 shall be
imposed for a first offense and a minimum fine of $100 for a
second or subsequent offense.
    (d) The radar or laser jamming device or mechanism shall be
seized by the law enforcement officer at the time of the
violation. This Section does not authorize the permanent
forfeiture to the State of any radar or laser jamming device or
mechanism. The device or mechanism shall be taken and held for
the period when needed as evidence. When no longer needed for
evidence, the defendant may petition the court for the return
of the device or mechanism. The defendant, however, must prove
to the court by a preponderance of the evidence that the device
or mechanism will be used only for a legitimate and lawful
purpose.
    (d) A law enforcement officer may not stop or search any
motor vehicle or the driver of any motor vehicle solely on the
basis of a violation or suspected violation of this Section.
 
    (625 ILCS 5/12-715 rep.)
    Section 10. The Illinois Vehicle Code is amended by
repealing Section 12-715.

Effective Date: 1/1/2006