103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2389

 

Introduced 2/14/2023, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/12-503  from Ch. 95 1/2, par. 12-503

    Amends the Illinois Vehicle Code. Provides that no motor vehicle, or driver or passenger of a motor vehicle, shall be stopped or searched by any law enforcement officer solely on the basis of a violation or suspected violation of driving a motor vehicle with any objects placed or suspended between the driver and the front windshield, rear windshield, side wings, or side windows immediately adjacent to each side of the driver which materially obstructs the driver's view.


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A BILL FOR

 

HB2389LRB103 27460 MXP 53832 b

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 Section 12-503 as follows:
 
6    (625 ILCS 5/12-503)  (from Ch. 95 1/2, par. 12-503)
7    Sec. 12-503. Windshields must be unobstructed and equipped
8with wipers.
9    (a) No person shall drive a motor vehicle with any sign,
10poster, window application, reflective material, nonreflective
11material, or tinted film upon the front windshield, except
12that a nonreflective tinted film may be used along the
13uppermost portion of the windshield if such material does not
14extend more than 6 inches down from the top of the windshield.
15    (a-3) No new or used motor vehicle dealer shall permit a
16driver to drive a motor vehicle offered for sale or lease off
17the premises where the motor vehicle is being offered for sale
18or lease, including when the driver is test driving the
19vehicle, with signs, decals, paperwork, or other material on
20the front windshield or on the windows immediately adjacent to
21each side of the driver that would obstruct the driver's view
22in violation of subsection (a) of this Section. For purposes
23of this subsection (a-3), "test driving" means when a driver,

 

 

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1with permission of the new or used vehicle dealer or employee
2of the new or used vehicle dealer, drives a vehicle owned and
3held for sale or lease by a new or used vehicle dealer that the
4driver is considering to purchase or lease.
5    (a-5) No window treatment or tinting shall be applied to
6the windows immediately adjacent to each side of the driver,
7except:
8        (1) On vehicles where none of the windows to the rear
9    of the driver's seat are treated in a manner that allows
10    less than 30% light transmittance, a nonreflective tinted
11    film that allows at least 50% light transmittance, with a
12    5% variance observed by any law enforcement official
13    metering the light transmittance, may be used on the
14    vehicle windows immediately adjacent to each side of the
15    driver.
16        (2) On vehicles where none of the windows to the rear
17    of the driver's seat are treated in a manner that allows
18    less than 35% light transmittance, a nonreflective tinted
19    film that allows at least 35% light transmittance, with a
20    5% variance observed by any law enforcement official
21    metering the light transmittance, may be used on the
22    vehicle windows immediately adjacent to each side of the
23    driver.
24        (3) (Blank).
25        (4) On vehicles where a nonreflective smoked or tinted
26    glass that was originally installed by the manufacturer on

 

 

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1    the windows to the rear of the driver's seat, a
2    nonreflective tint that allows at least 50% light
3    transmittance, with a 5% variance observed by a law
4    enforcement official metering the light transmittance, may
5    be used on the vehicle windows immediately adjacent to
6    each side of the driver.
7    (a-10) No person shall install or repair any material
8prohibited by subsection (a) of this Section.
9        (1) Nothing in this subsection shall prohibit a person
10    from removing or altering any material prohibited by
11    subsection (a) to make a motor vehicle comply with the
12    requirements of this Section.
13        (2) Nothing in this subsection shall prohibit a person
14    from installing window treatment for a person with a
15    medical condition described in subsection (g) of this
16    Section. An installer who installs window treatment for a
17    person with a medical condition described in subsection
18    (g) must obtain a copy of the certified statement or
19    letter written by a physician described in subsection (g)
20    from the person with the medical condition prior to
21    installing the window treatment. The copy of the certified
22    statement or letter must be kept in the installer's
23    permanent records.
24    (b) On motor vehicles where window treatment has not been
25applied to the windows immediately adjacent to each side of
26the driver, the use of a perforated window screen or other

 

 

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1decorative window application on windows to the rear of the
2driver's seat shall be allowed.
3    (b-5) Any motor vehicle with a window to the rear of the
4driver's seat treated in this manner shall be equipped with a
5side mirror on each side of the motor vehicle which are in
6conformance with Section 12-502.
7    (c) No person shall drive a motor vehicle with any objects
8placed or suspended between the driver and the front
9windshield, rear window, side wings, or side windows
10immediately adjacent to each side of the driver which
11materially obstructs the driver's view. No motor vehicle, or
12driver or passenger of such vehicle, shall be stopped or
13searched by any law enforcement officer solely on the basis of
14a violation or suspected violation of this subsection.
15    (d) Every motor vehicle, except motorcycles, shall be
16equipped with a device, controlled by the driver, for cleaning
17rain, snow, moisture, or other obstructions from the
18windshield; and no person shall drive a motor vehicle with
19snow, ice, moisture, or other material on any of the windows or
20mirrors, which materially obstructs the driver's clear view of
21the highway.
22    (e) No person shall drive a motor vehicle when the
23windshield, side, or rear windows are in such defective
24condition or repair as to materially impair the driver's view
25to the front, side, or rear. A vehicle equipped with a side
26mirror on each side of the vehicle which are in conformance

 

 

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1with Section 12-502 will be deemed to be in compliance in the
2event the rear window of the vehicle is materially obscured.
3    (f) Subsections (a), (a-5), (b), and (b-5) of this Section
4shall not apply to:
5        (1) (Blank).
6        (2) those motor vehicles properly registered in
7    another jurisdiction.
8    (g) Subsections (a) and (a-5) of this Section shall not
9apply to window treatment, including, but not limited to, a
10window application, nonreflective material, or tinted film,
11applied or affixed to a motor vehicle for which distinctive
12license plates or license plate stickers have been issued
13pursuant to subsection (k) of Section 3-412 of this Code, and
14which:
15        (1) is owned and operated by a person afflicted with
16    or suffering from a medical disease, including, but not
17    limited to, systemic or discoid lupus erythematosus,
18    disseminated superficial actinic porokeratosis, light
19    sensitivity as a result of a traumatic brain injury, or
20    albinism, which would require that person to be shielded
21    from the direct rays of the sun; or
22        (2) is used in transporting a person when the person
23    resides at the same address as the registered owner of the
24    vehicle and the person is afflicted with or suffering from
25    a medical disease which would require the person to be
26    shielded from the direct rays of the sun, including, but

 

 

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1    not limited to, systemic or discoid lupus erythematosus,
2    disseminated superficial actinic porokeratosis, light
3    sensitivity as a result of a traumatic brain injury, or
4    albinism.
5        The owner must obtain a certified statement or letter
6    written by a physician licensed to practice medicine in
7    Illinois that such person owning and operating or being
8    transported in a motor vehicle is afflicted with or
9    suffers from such disease, including, but not limited to,
10    systemic or discoid lupus erythematosus, disseminated
11    superficial actinic porokeratosis, light sensitivity as a
12    result of a traumatic brain injury, or albinism. However,
13    no exemption from the requirements of subsection (a-5)
14    shall be granted for any condition for which protection
15    from the direct rays of the sun can be adequately obtained
16    by the use of sunglasses or other eye protective devices.
17        Such certification must be carried in the motor
18    vehicle at all times. The certification shall be legible
19    and shall contain the date of issuance, the name, address,
20    and signature of the attending physician, and the name,
21    address, and medical condition of the person requiring
22    exemption. The information on the certificate for a window
23    treatment must remain current and shall be renewed every 4
24    years by the attending physician. The owner shall also
25    submit a copy of the certification to the Secretary of
26    State. The Secretary of State may forward notice of

 

 

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1    certification to law enforcement agencies.
2    (g-5) (Blank).
3    (g-7) Installers shall only install window treatment
4authorized by subsection (g) on motor vehicles for which
5distinctive plates or license plate stickers have been issued
6pursuant to subsection (k) of Section 3-412 of this Code. The
7distinctive license plates or plate sticker must be on the
8motor vehicle at the time of window treatment installation.
9    (h) Subsection (a) of this Section shall not apply to
10motor vehicle stickers or other certificates issued by State
11or local authorities which are required to be displayed upon
12motor vehicle windows to evidence compliance with requirements
13concerning motor vehicles.
14    (i) (Blank).
15    (j) A person found guilty of violating subsection (a),
16(a-3), (a-5), (a-10), (b), (b-5), or (g-7) of this Section
17shall be guilty of a petty offense and fined no less than $50
18nor more than $500. A second or subsequent violation of
19subsection (a), (a-3), (a-5), (a-10), (b), (b-5), or (g-7) of
20this Section shall be treated as a Class C misdemeanor and the
21violator fined no less than $100 nor more than $500. Any person
22convicted under subsection (a), (a-5), (b), or (b-5) of this
23Section shall be ordered to alter any nonconforming windows
24into compliance with this Section.
25    (k) Except as provided in subsection (a-3) of this
26Section, nothing in this Section shall create a cause of

 

 

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1action on behalf of a buyer against a vehicle dealer or
2manufacturer who sells a motor vehicle with a window which is
3in violation of this Section.
4    (l) The Secretary of State shall provide a notice of the
5requirements of this Section to a new resident applying for
6vehicle registration in this State pursuant to Section 3-801
7of this Code. The Secretary of State may comply with this
8subsection by posting the requirements of this Section on the
9Secretary of State's website.
10    (m) A home rule unit may not regulate motor vehicles in a
11manner inconsistent with this Section. This Section is a
12limitation under subsection (i) of Section 6 of Article VII of
13the Illinois Constitution on the concurrent exercise by home
14rule units of powers and functions exercised by the State.
15(Source: P.A. 102-111, eff. 1-1-22.)