102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5328

 

Introduced 1/31/2022, by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-605  from Ch. 95 1/2, par. 11-605
625 ILCS 5/11-605.3

    Amends the Illinois Vehicle Code. Provides that special speed limits while passing schools apply to local, county, or State roadways. Increases the fine for speeding in a school zone to $250 for a first offense (instead of $150) and $500 for a subsequent offense (instead of $300). Includes State roads in the definition of "park zone street".


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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 Illinois Vehicle Code is amended by
5changing Sections 11-605 and 11-605.3 as follows:
 
6    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
7    Sec. 11-605. Special speed limit while passing schools.
8    (a) For the purpose of this Section, "school" means the
9following entities:
10        (1) A public or private primary or secondary school.
11        (2) A primary or secondary school operated by a
12    religious institution.
13        (3) A public, private, or religious nursery school.
14    On a school day when school children are present and so
15close thereto that a potential hazard exists because of the
16close proximity of the motorized traffic, no person shall
17drive a motor vehicle at a speed in excess of 20 miles per hour
18while passing a school zone or while traveling on a local,
19county, or State roadway on public school property or upon any
20public thoroughfare where children pass going to and from
21school.
22    For the purpose of this Section, a school day begins at
236:30 a.m. and concludes at 4 p.m.

 

 

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1    This Section shall not be applicable unless appropriate
2signs are posted upon streets and highways under their
3respective jurisdiction and maintained by the Department,
4township, county, park district, city, village or incorporated
5town wherein the school zone is located. With regard to the
6special speed limit while passing schools, such signs shall
7give proper due warning that a school zone is being approached
8and shall indicate the school zone and the maximum speed limit
9in effect during school days when school children are present.
10    (b) (Blank).
11    (c) Nothing in this Chapter shall prohibit the use of
12electronic speed-detecting devices within 500 feet of signs
13within a special school speed zone indicating such zone, as
14defined in this Section, nor shall evidence obtained thereby
15be inadmissible in any prosecution for speeding provided the
16use of such device shall apply only to the enforcement of the
17speed limit in such special school speed zone.
18    (d) (Blank).
19    (e) Except as provided in subsection (e-5), a person who
20violates this Section is guilty of a petty offense. Violations
21of this Section are punishable with a minimum fine of $250 $150
22for the first violation and a minimum fine of $500 $300 for the
23second or subsequent violation.
24    (e-5) A person committing a violation of this Section is
25guilty of aggravated special speed limit while passing schools
26when he or she drives a motor vehicle at a speed that is:

 

 

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1        (1) 26 miles per hour or more but less than 35 miles
2    per hour in excess of the applicable special speed limit
3    established under this Section or a similar provision of a
4    local ordinance and is guilty of a Class B misdemeanor; or
5        (2) 35 miles per hour or more in excess of the
6    applicable special speed limit established under this
7    Section or a similar provision of a local ordinance and is
8    guilty of a Class A misdemeanor.
9    (f) (Blank).
10    (g) (Blank).
11    (h) (Blank).
12(Source: P.A. 102-58, eff. 7-9-21.)
 
13    (625 ILCS 5/11-605.3)
14    Sec. 11-605.3. Special traffic protections while passing
15parks and recreation facilities and areas.
16    (a) As used in this Section:
17        (1) "Park district" means the following entities:
18            (A) any park district organized under the Park
19        District Code;
20            (B) any park district organized under the Chicago
21        Park District Act; and
22            (C) any municipality, county, forest district,
23        school district, township, or other unit of local
24        government that operates a public recreation
25        department or public recreation facilities that has

 

 

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1        recreation facilities that are not on land owned by
2        any park district listed in subparagraphs (A) and (B)
3        of this subdivision (a)(1).
4        (2) "Park zone" means the recreation facilities and
5    areas on any land owned or operated by a park district that
6    are used for recreational purposes, including but not
7    limited to: parks; playgrounds; swimming pools; hiking
8    trails; bicycle paths; picnic areas; roads and streets;
9    and parking lots.
10        (3) "Park zone street" means that portion of any State
11    or local street or intersection under the control of a
12    local unit of government, adjacent to a park zone, where
13    the local unit of government has, by ordinance or
14    resolution, designated and approved the street or
15    intersection as a park zone street. If, before the
16    effective date of this amendatory Act of the 94th General
17    Assembly, a street already had a posted speed limit lower
18    than 20 miles per hour, then the lower limit may be used
19    for that park zone street.
20        (4) "Safety purposes" means the costs associated with:
21    park zone safety education; the purchase, installation,
22    and maintenance of signs, roadway painting, and caution
23    lights mounted on park zone signs; and any other expense
24    associated with park zones and park zone streets.
25    (b) On any day when children are present and within 50 feet
26of motorized traffic, a person may not drive a motor vehicle at

 

 

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1a speed in excess of 20 miles per hour or any lower posted
2speed while traveling on a park zone street that has been
3designated for the posted reduced speed.
4    (c) On any day when children are present and within 50 feet
5of motorized traffic, any driver traveling on a park zone
6street who fails to come to a complete stop at a stop sign or
7red light, including a driver who fails to come to a complete
8stop at a red light before turning right onto a park zone
9street, is in violation of this Section.
10    (d) This Section does not apply unless appropriate signs
11are posted upon park zone streets maintained by the Department
12or by the unit of local government in which the park zone is
13located. With regard to the special speed limit on park zone
14streets, the signs must give proper due warning that a park
15zone is being approached and must indicate the maximum speed
16limit on the park zone street.
17    (e) A first violation of this Section is a petty offense
18with a minimum fine of $250. A second or subsequent violation
19of this Section is a petty offense with a minimum fine of $500.
20    (f) (Blank).
21    (g) The Department shall, within 6 months of the effective
22date of this amendatory Act of the 94th General Assembly,
23design a set of standardized traffic signs for park zones and
24park zone streets, including but not limited to: "park zone",
25"park zone speed limit", and "warning: approaching a park
26zone". The design of these signs shall be made available to all

 

 

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1units of local government or manufacturers at no charge,
2except for reproduction and postage.
3(Source: P.A. 100-987, eff. 7-1-19.)