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Public Act 097-0830


 

Public Act 0830 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0830
 
SB2488 EnrolledLRB097 12269 HEP 56732 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 changing
Sections 11-605.1 and 12-610.1 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.
    (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.
    (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 posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining 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.
    If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
    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
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
    (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.
    (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.
    (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
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways.
    (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.
(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)
 
    (625 ILCS 5/12-610.1)
    Sec. 12-610.1. Wireless telephones.
    (a) As used in this Section, "wireless telephone" means a
device that is capable of transmitting or receiving telephonic
communications without a wire connecting the device to the
telephone network.
    (b) A person under the age of 19 years who holds an
instruction permit issued under Section 6-105 or 6-107.1, or a
person under the age of 19 years who holds a graduated license
issued under Section 6-107, may not drive a vehicle on a
roadway while using a wireless phone.
    (c) This Section does not apply to a person under the age
of 19 years using a wireless telephone for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity.
    (d) If a graduated driver's license holder over the age of
18 committed an offense against traffic regulations governing
the movement of vehicles or any violation of Section 6-107 or
Section 12-603.1 of this Code in the 6 months prior to the
graduated driver's license holder's 18th birthday, and was
subsequently convicted of the violation, the provisions of
paragraph (b) shall continue to apply until such time as a
period of 6 consecutive months has elapsed without an
additional violation and subsequent conviction of an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of this
Code.
    (e) A person, regardless of age, may not use a wireless
telephone at any time while operating a motor vehicle on a
roadway in a school speed zone established under Section
11-605, or on a highway in a construction or maintenance speed
zone established under Section 11-605.1. This subsection (e)
does not apply to (i) a person engaged in a highway
construction or maintenance project for which a construction or
maintenance speed zone has been established under Section
11-605.1, (ii) a person using a wireless telephone for
emergency purposes, including, but not limited to, law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity, (iii) a law
enforcement officer or operator of an emergency vehicle when
performing the officer's or operator's official duties, or (iv)
to a person using a wireless telephone in voice-operated mode,
which may include the use of a headset, or (v) to a person
using a wireless telephone by pressing a single button to
initiate or terminate a voice communication. voice-activated
mode.
(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,
eff. 8-21-08; 96-131, eff. 1-1-10.)

Effective Date: 1/1/2013