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Public Act 094-0814 |
SB2650 Enrolled |
LRB094 13586 RLC 48451 b |
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AN ACT concerning vehicles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 11-605.1 and adding Section 11-612 as follows: |
(625 ILCS 5/11-605.1) |
Sec. 11-605.1. Special limit while traveling through a |
highway construction or maintenance speed zone. |
(a) A person may not operate a motor vehicle in a |
construction or maintenance speed zone at a speed in excess of |
the posted speed limit.
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(b) Nothing in this Chapter prohibits the use of electronic |
speed-detecting devices within 500 feet of signs within a |
construction or maintenance speed zone indicating the zone, as |
defined in this Section, nor shall evidence obtained by use of |
those devices be inadmissible in any prosecution for speeding, |
provided the use of the device shall apply only to the |
enforcement of the speed limit in the construction or |
maintenance speed zone.
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(c) As used in this Section, a "construction or maintenance |
speed zone" is an area in which the Department, Toll Highway |
Authority, or local agency has determined that the preexisting |
established speed limit through a highway construction or |
maintenance project is greater than is reasonable or safe with |
respect to the conditions expected to exist in the construction |
or maintenance speed zone and has posted a lower speed limit |
with a highway construction or maintenance speed zone special |
speed limit sign. |
Highway construction or maintenance speed zone special |
speed limit signs shall be of a design approved by the |
Department. The signs must give proper due warning that a |
construction or maintenance speed zone is being approached and |
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must indicate the maximum speed limit in effect. The signs also |
must state the amount of the minimum fine for a violation.
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(d) A first violation of this Section is a petty offense |
with a minimum fine of $250. A second or subsequent violation |
of this Section is a petty offense with a minimum fine of $750. |
(e) If a fine for a violation of this Section is $250 or |
greater, the person who violated this Section shall be charged |
an additional $125, which shall be deposited into the |
Transportation Safety Highway Hire-back Fund in the State |
treasury, unless (i) the violation occurred on a highway other |
than an interstate highway and (ii) a county police officer |
wrote the ticket for the violation, in which case the $125 |
shall be deposited into that county's Transportation Safety |
Highway Hire-back Fund . In the case of a second or subsequent |
violation of this Section, if the fine is $750 or greater, the |
person who violated this Section shall be charged an additional |
$250, which shall be deposited into the Transportation Safety |
Highway Hire-back Fund in the State treasury, unless (i) the |
violation occurred on a highway other than an interstate |
highway and (ii) a county police officer wrote the ticket for |
the violation, in which case the $250 shall be deposited into |
that county's Transportation Safety Highway Hire-back Fund .
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(e-5) The Department of State Police and the local county |
police department have concurrent jurisdiction over any |
violation of this Section that occurs on an interstate highway.
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(f) The Transportation Safety Highway Hire-back Fund, |
which was created by Public Act 92-619, shall continue to be a |
special fund in the State treasury. Subject to appropriation by |
the General Assembly and approval by the Secretary, the |
Secretary of Transportation shall use all moneys in the |
Transportation Safety Highway Hire-back Fund to hire off-duty |
Department of State Police officers to monitor construction or |
maintenance zones. |
(f-5) Each county shall create a Transportation Safety |
Highway Hire-back Fund. The county shall use all moneys in its |
Transportation Safety Highway Hire-back Fund to hire off-duty |
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county police officers to monitor construction or maintenance |
zones in that county on highways other than interstate |
highways.
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(g) For a second or subsequent violation of this Section |
within 2 years of the date of the previous violation, the |
Secretary of State shall suspend the driver's license of the |
violator for a period of 90 days.
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(Source: P.A. 93-955, eff. 8-19-04.) |
(625 ILCS 5/11-612 new)
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Sec. 11-612. Certain systems to record vehicle speeds |
prohibited. Except as authorized in the Automated Traffic |
Control Systems in Highway Construction or Maintenance Zones |
Act, no photographic, video, or other imaging system may be |
used in this State to record vehicle speeds for the purpose of |
enforcing any law or ordinance regarding a maximum or minimum |
speed limit unless a law enforcement officer is present at the |
scene and witnesses the event. No State or local governmental |
entity, including a home rule county or municipality, may use |
such a system in a way that is prohibited by this Section. The |
regulation of the use of such systems is an exclusive power and |
function of the State. This Section is a denial and limitation |
of home rule powers and functions under subsection (h) of |
Section 6 of Article VII of the Illinois Constitution.
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Section 10. The Automated Traffic Control Systems in |
Highway Construction or Maintenance Zones Act is amended by |
changing Sections 10 and 30 as follows: |
(625 ILCS 7/10)
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Sec. 10. Establishment of automated control systems.
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Department of State Police may establish an automated traffic |
control system in any construction or maintenance zone |
established by the Department of Transportation or the Illinois |
State Toll Highway Authority. An automated traffic control |
system may operate only during those periods when workers are |
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present in the construction or maintenance zone. In any |
prosecution based upon evidence obtained through an automated |
traffic control system established under this Act, the State |
must prove that one or more workers were present in the |
construction or maintenance zone when the violation occurred.
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(Source: P.A. 93-947, eff. 8-19-04.) |
(625 ILCS 7/30)
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Sec. 30. Requirements for issuance of a citation. |
(a) The vehicle, vehicle operator, vehicle registration |
plate, speed, date, time, and location must be clearly visible |
on the photograph or other recorded image of the alleged |
violation. |
(b) A Uniform Traffic Citation must be mailed or otherwise |
delivered to the registered owner of the vehicle. If mailed, |
the citation must be sent via certified mail within 14
6
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business days of the alleged violation, return receipt |
requested. |
(c) The Uniform Traffic Citation must include: |
(1) the name and address of the vehicle owner; |
(2) the registration number of the vehicle; |
(3) the offense charged; |
(4) the time, date, and location of the violation; |
(5) the first available court date; and
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(6) notice that the basis of the citation is the |
photograph or recorded image from the automated traffic |
control system. |
(d) The Uniform Traffic Citation issued to the violator |
must be accompanied by a written document that lists the |
violator's rights and obligations and explains how the violator |
can elect to proceed by either paying the fine or challenging |
the issuance of the Uniform Traffic Citation.
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(Source: P.A. 93-947, eff. 8-19-04.) |