Sen. John J. Cullerton

Filed: 3/12/2010

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3803

2     AMENDMENT NO. ______. Amend Senate Bill 3803 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Roadside Memorial Act is amended by
5 changing Sections 5, 10, and 15 and by adding Section 23 as
6 follows:
 
7     (605 ILCS 125/5)
8     Sec. 5. Purpose of the Roadside Memorial program. The
9 Roadside Memorial program is intended to raise public awareness
10 of impaired driving and reckless driving by emphasizing the
11 dangers while affording families an opportunity to remember the
12 victims of crashes involving impaired or reckless drivers.
13 (Source: P.A. 95-398, eff. 1-1-08.)
 
14     (605 ILCS 125/10)
15     Sec. 10. Definitions. As used in this Act:

 

 

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1     "Department" means the Department of Transportation.
2     "DUI memorial marker" means a marker on a highway in this
3 State commemorating one or more persons who died as a proximate
4 result of a crash caused by a driver under the influence of
5 alcohol, other drug or drugs, intoxicating compound or
6 compounds, or any combination thereof.
7     "Fatal accident memorial marker" means a marker on a
8 highway in this State commemorating one or more persons who
9 died as a proximate result of a crash caused by a driver who
10 committed an act of reckless homicide in violation of Section
11 9-3 or 9-3.2 of the Criminal Code of 1961 or who otherwise
12 caused the death of one or more persons through the operation
13 of a motor vehicle.
14     "Qualified relative" means: an immediate relative of the
15 deceased, by marriage, blood, or adoption, such as his or her
16 spouse, son, daughter, mother, father, sister, or brother; a
17 stepmother, stepfather, stepbrother, or stepsister of the
18 deceased; or a person with whom the deceased was in a domestic
19 partnership or civil union as recognized by a State or local
20 law or ordinance.
21     "Supporting jurisdiction" means the Department or any
22 municipality, township, or county that establishes a Roadside
23 Memorial program within its jurisdictional area.
24 (Source: P.A. 95-398, eff. 1-1-08.)
 
25     (605 ILCS 125/15)

 

 

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1     Sec. 15. Participation in the Roadside Memorial program.
2     (a) A qualified relative of a victim may make a request for
3 the installation of a memorial marker in a supporting
4 jurisdiction using an application developed by the supporting
5 jurisdiction. The supporting jurisdiction shall have sole
6 responsibility for determining whether a request for a DUI
7 memorial marker or a fatal accident memorial marker is rejected
8 or accepted.
9     (b) An application for a DUI memorial marker or a fatal
10 accident memorial marker may be submitted by a qualified
11 relative with regard to any crash that occurred on or after
12 January 1, 1990.
13     (c) If there is any opposition to the placement of a DUI
14 memorial marker or a fatal accident memorial marker by any
15 qualified relative of any decedent involved in the crash, the
16 supporting jurisdiction shall deny the request.
17     (d) The supporting jurisdiction shall deny the request or,
18 if a DUI memorial marker or a fatal accident memorial marker
19 has already been installed, may remove the marker, if the
20 qualified relative has provided false or misleading
21 information in the application.
22     (e) The qualified relative shall agree not to place or
23 encourage the placement of flowers, pictures, or other items at
24 the crash site.
25     (f) A DUI memorial marker or a fatal accident memorial
26 marker shall not be erected for a deceased driver involved in a

 

 

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1 fatal crash who is shown by toxicology reports to have been in
2 violation of State DUI law, unless the next of kin of any other
3 victim or victims killed in the crash consent in writing to the
4 erection of the memorial marker.
5 (Source: P.A. 95-398, eff. 1-1-08; 95-873, eff. 8-21-08.)
 
6     (605 ILCS 125/23 new)
7     Sec. 23. Fatal accident memorial markers.
8     (a) A fatal accident memorial marker shall consist of a
9 white on red panel bearing the message "Reckless Driving Costs
10 Lives". At the request of the qualified relative, a separate
11 panel bearing the words "In Memory of (victim's name)",
12 followed by the date of the crash that was the proximate cause
13 of the loss of the victim's life, shall be mounted below the
14 primary panel.
15     (b) A fatal accident memorial marker may memorialize more
16 than one victim who died as a result of the same crash. If one
17 or more additional deaths subsequently occur in close proximity
18 to an existing fatal accident memorial marker, the supporting
19 jurisdiction may use the same marker to memorialize the
20 subsequent death or deaths, by adding the names of the
21 additional persons.
22     (c) A fatal accident memorial marker shall be maintained
23 for at least 2 years from the date the last person was
24 memorialized on the marker.
25     (d) The supporting jurisdiction has the right to install a

 

 

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1 marker at a location other than the location of the crash or to
2 relocate a marker due to restricted room, property owner
3 complaints, interference with essential traffic control
4 devices, safety concerns, or other restrictions. In such cases,
5 the sponsoring jurisdiction may select an alternate location.
6     (e) The Department shall secure the consent of any
7 municipality before placing a fatal accident memorial marker
8 within the corporate limits of the municipality.
9     (f) A fee in an amount to be determined by the supporting
10 jurisdiction shall be charged to the qualified relative. The
11 fee shall not exceed the costs associated with the fabrication,
12 installation, and maintenance of the fatal accident memorial
13 marker.".