101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3245

 

Introduced 2/11/2020, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 125/5
605 ILCS 125/23.1

    Amends the Roadside Memorial Act. Provides that a fatal accident memorial marker shall consist of a white on blue panel bearing the message "Reckless Driving Costs Lives" if the victim or victims died as a proximate result of a crash caused by a driver who committed an act of reckless homicide. Provides that all other fatal accident memorial markers shall consist of a white on blue panel bearing the message "Drive With Care". Makes changes to the purpose of the Act and intentions of the fatal accident memorial marker program.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Roadside Memorial Act is amended by changing
5Sections 5 and 23.1 as follows:
 
6    (605 ILCS 125/5)
7    Sec. 5. Purpose of the Roadside Memorial program. The
8Roadside Memorial program is intended to raise public awareness
9of traffic fatalities impaired driving by emphasizing the
10dangers while affording families an opportunity to remember the
11victims of traffic crashes involving impaired drivers.
12(Source: P.A. 95-398, eff. 1-1-08.)
 
13    (605 ILCS 125/23.1)
14    Sec. 23.1. Fatal accident memorial marker program.
15    (a) The fatal accident memorial marker program is intended
16to raise public awareness of traffic fatalities caused by
17reckless driving or other means by emphasizing the dangers
18while affording families an opportunity to remember the victims
19of traffic crashes involving reckless drivers.
20    (b) As used in this Section, "fatal accident memorial
21marker" means a marker on a highway in this State commemorating
22one or more persons who died as a proximate result of a crash

 

 

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1caused by a driver who committed an act of reckless homicide in
2violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961
3or the Criminal Code of 2012 or who otherwise caused the death
4of one or more persons through the operation of a motor
5vehicle.
6    (c) For purposes of the fatal accident memorial marker
7program in this Section, the provisions of Section 15 of this
8Act applicable to DUI memorial markers shall apply the same to
9fatal accident memorial markers.
10    (d) A fatal accident memorial marker shall consist of a
11white on blue panel bearing the message "Reckless Driving Costs
12Lives" if the victim or victims died as a proximate result of a
13crash caused by a driver who committed an act of reckless
14homicide in violation of Section 9-3 or 9-3.2 of the Criminal
15Code of 1961 or the Criminal Code of 2012. Otherwise, a fatal
16accident memorial marker shall consist of a white on blue panel
17bearing the message "Drive With Care". At the request of the
18qualified relative, a separate panel bearing the words "In
19Memory of (victim's name)", followed by the date of the crash
20that was the proximate cause of the loss of the victim's life,
21shall be mounted below the primary panel.
22    (e) A fatal accident memorial marker may memorialize more
23than one victim who died as a result of the same crash. If one
24or more additional deaths subsequently occur in close proximity
25to an existing fatal accident memorial marker, the supporting
26jurisdiction may use the same marker to memorialize the

 

 

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1subsequent death or deaths, by adding the names of the
2additional persons.
3    (f) A fatal accident memorial marker shall be maintained
4for at least 2 years from the date the last person was
5memorialized on the marker.
6    (g) The supporting jurisdiction has the right to install a
7marker at a location other than the location of the crash or to
8relocate a marker due to restricted room, property owner
9complaints, interference with essential traffic control
10devices, safety concerns, or other restrictions. In these
11cases, the sponsoring jurisdiction may select an alternate
12location.
13    (h) The Department shall secure the consent of any
14municipality before placing a fatal accident memorial marker
15within the corporate limits of the municipality.
16    (i) A fee in an amount to be determined by the supporting
17jurisdiction shall be charged to the qualified relative. The
18fee shall not exceed the costs associated with the fabrication,
19installation, and maintenance of the fatal accident memorial
20marker.
21    (j) The provisions of this Section shall apply to any fatal
22accident marker constructed on or after January 1, 2013.
23(Source: P.A. 98-334, eff. 8-13-13.)