Sen. Susan Garrett

Filed: 3/1/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2488

2    AMENDMENT NO. ______. Amend Senate Bill 2488 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-605.1 and 12-610.1 as follows:
 
6    (625 ILCS 5/11-605.1)
7    Sec. 11-605.1. Special limit while traveling through a
8highway construction or maintenance speed zone.
9    (a) A person may not operate a motor vehicle in a
10construction or maintenance speed zone at a speed in excess of
11the posted speed limit.
12    (b) Nothing in this Chapter prohibits the use of electronic
13speed-detecting devices within 500 feet of signs within a
14construction or maintenance speed zone indicating the zone, as
15defined in this Section, nor shall evidence obtained by use of
16those devices be inadmissible in any prosecution for speeding,

 

 

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1provided the use of the device shall apply only to the
2enforcement of the speed limit in the construction or
3maintenance speed zone.
4    (c) As used in this Section, a "construction or maintenance
5speed zone" is an area in which the Department, Toll Highway
6Authority, or local agency has posted signage advising drivers
7that a construction or maintenance speed zone is being
8approached, or in which the Department, Authority, or local
9agency has posted a lower speed limit with a highway
10construction or maintenance speed zone special speed limit sign
11after determining determined that the preexisting established
12speed limit through a highway construction or maintenance
13project is greater than is reasonable or safe with respect to
14the conditions expected to exist in the construction or
15maintenance speed zone and has posted a lower speed limit with
16a highway construction or maintenance speed zone special speed
17limit sign.
18    If it is determined that the preexisting established speed
19limit is safe with respect to the conditions expected to exist
20in the construction or maintenance speed zone, additional speed
21limit signs which conform to the requirements of this
22subsection (c) shall be posted.
23    Highway construction or maintenance speed zone special
24speed limit signs shall be of a design approved by the
25Department. The signs must give proper due warning that a
26construction or maintenance speed zone is being approached and

 

 

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1must indicate the maximum speed limit in effect. The signs also
2must state the amount of the minimum fine for a violation.
3    (d) A first violation of this Section is a petty offense
4with a minimum fine of $250. A second or subsequent violation
5of this Section is a petty offense with a minimum fine of $750.
6    (e) If a fine for a violation of this Section is $250 or
7greater, the person who violated this Section shall be charged
8an additional $125, which shall be deposited into the
9Transportation Safety Highway Hire-back Fund in the State
10treasury, unless (i) the violation occurred on a highway other
11than an interstate highway and (ii) a county police officer
12wrote the ticket for the violation, in which case the $125
13shall be deposited into that county's Transportation Safety
14Highway Hire-back Fund. In the case of a second or subsequent
15violation of this Section, if the fine is $750 or greater, the
16person who violated this Section shall be charged an additional
17$250, which shall be deposited into the Transportation Safety
18Highway Hire-back Fund in the State treasury, unless (i) the
19violation occurred on a highway other than an interstate
20highway and (ii) a county police officer wrote the ticket for
21the violation, in which case the $250 shall be deposited into
22that county's Transportation Safety Highway Hire-back Fund.
23    (e-5) The Department of State Police and the local county
24police department have concurrent jurisdiction over any
25violation of this Section that occurs on an interstate highway.
26    (f) The Transportation Safety Highway Hire-back Fund,

 

 

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1which was created by Public Act 92-619, shall continue to be a
2special fund in the State treasury. Subject to appropriation by
3the General Assembly and approval by the Secretary, the
4Secretary of Transportation shall use all moneys in the
5Transportation Safety Highway Hire-back Fund to hire off-duty
6Department of State Police officers to monitor construction or
7maintenance zones.
8    (f-5) Each county shall create a Transportation Safety
9Highway Hire-back Fund. The county shall use all moneys in its
10Transportation Safety Highway Hire-back Fund to hire off-duty
11county police officers to monitor construction or maintenance
12zones in that county on highways other than interstate
13highways.
14    (g) For a second or subsequent violation of this Section
15within 2 years of the date of the previous violation, the
16Secretary of State shall suspend the driver's license of the
17violator for a period of 90 days.
18(Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.)".
 
19    (625 ILCS 5/12-610.1)
20    Sec. 12-610.1. Wireless telephones.
21    (a) As used in this Section, "wireless telephone" means a
22device that is capable of transmitting or receiving telephonic
23communications without a wire connecting the device to the
24telephone network.
25    (b) A person under the age of 19 years who holds an

 

 

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1instruction permit issued under Section 6-105 or 6-107.1, or a
2person under the age of 19 years who holds a graduated license
3issued under Section 6-107, may not drive a vehicle on a
4roadway while using a wireless phone.
5    (c) This Section does not apply to a person under the age
6of 19 years using a wireless telephone for emergency purposes,
7including, but not limited to, an emergency call to a law
8enforcement agency, health care provider, fire department, or
9other emergency services agency or entity.
10    (d) If a graduated driver's license holder over the age of
1118 committed an offense against traffic regulations governing
12the movement of vehicles or any violation of Section 6-107 or
13Section 12-603.1 of this Code in the 6 months prior to the
14graduated driver's license holder's 18th birthday, and was
15subsequently convicted of the violation, the provisions of
16paragraph (b) shall continue to apply until such time as a
17period of 6 consecutive months has elapsed without an
18additional violation and subsequent conviction of an offense
19against traffic regulations governing the movement of vehicles
20or any violation of Section 6-107 or Section 12-603.1 of this
21Code.
22    (e) A person, regardless of age, may not use a wireless
23telephone at any time while operating a motor vehicle on a
24roadway in a school speed zone established under Section
2511-605, or on a highway in a construction or maintenance speed
26zone established under Section 11-605.1. This subsection (e)

 

 

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1does not apply to (i) a person engaged in a highway
2construction or maintenance project for which a construction or
3maintenance speed zone has been established under Section
411-605.1, (ii) a person using a wireless telephone for
5emergency purposes, including, but not limited to, law
6enforcement agency, health care provider, fire department, or
7other emergency services agency or entity, (iii) a law
8enforcement officer or operator of an emergency vehicle when
9performing the officer's or operator's official duties, or (iv)
10to a person using a wireless telephone in voice-operated mode,
11which may include the use of a headset, or (v) to a person
12using a wireless telephone by pressing a single button to
13initiate or terminate a voice communication. voice-activated
14mode.
15(Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876,
16eff. 8-21-08; 96-131, eff. 1-1-10.)".