Full Text of HB4338 93rd General Assembly
HB4338eng 93RD GENERAL ASSEMBLY
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HB4338 Engrossed |
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| AN ACT concerning vehicles.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-605 as follows:
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| (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
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| Sec. 11-605. Special speed limit while passing schools or | 8 |
| while traveling
through highway
construction or maintenance | 9 |
| zones.
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| (a) For the purpose of this Section, "school" means the | 11 |
| following
entities:
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| (1) A public or private primary or secondary school.
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| (2) A primary or secondary school operated by a | 14 |
| religious institution.
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| (3) A public, private, or religious nursery school.
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| On a school day when school children are present and so | 17 |
| close
thereto
that a potential hazard exists because of the | 18 |
| close proximity of the motorized
traffic, no person shall drive | 19 |
| a motor vehicle at a speed in excess of 20 miles
per hour while | 20 |
| passing a school zone or while traveling on a roadway on public
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| school property or upon any public
thoroughfare where children | 22 |
| pass going
to and from school.
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| For the purpose of this Section a school day shall begin at | 24 |
| seven ante
meridian and shall conclude at four post meridian.
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| This Section shall not be applicable unless appropriate | 26 |
| signs are posted
upon streets and highways under their | 27 |
| respective jurisdiction and
maintained by the Department, | 28 |
| township, county, park district, city,
village or incorporated | 29 |
| town wherein the school zone is located. With regard
to the | 30 |
| special speed limit while passing schools, such signs
shall | 31 |
| give proper due warning that a school zone is being approached | 32 |
| and
shall indicate the school zone and the maximum speed limit |
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| in effect during
school days when school children are present.
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| (b) No person shall operate a motor vehicle in a | 3 |
| construction or
maintenance zone at a speed in excess of the | 4 |
| posted speed limit when workers
are present and so close to the | 5 |
| moving traffic that a potential hazard exists
because of the | 6 |
| motorized traffic.
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| (c) Nothing in this Chapter shall
prohibit the use of | 8 |
| electronic speed-detecting devices within 500 feet of
signs | 9 |
| within a special school speed zone or a construction or | 10 |
| maintenance
zone indicating such zone, as defined
in this | 11 |
| Section, nor shall evidence obtained thereby be inadmissible in | 12 |
| any
prosecution for speeding provided the use of such device | 13 |
| shall apply only
to the enforcement of the speed limit in such | 14 |
| special school speed zone or a
construction or maintenance | 15 |
| zone.
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| (d) For the purpose of this Section, a construction or | 17 |
| maintenance zone is
an area in which the Department, Toll | 18 |
| Highway Authority, or local agency has
determined that the | 19 |
| preexisting established speed limit through a highway
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| construction or maintenance project is greater than is | 21 |
| reasonable or safe with
respect to the conditions expected to | 22 |
| exist in the construction or maintenance
zone and has posted a | 23 |
| lower speed limit with a highway construction or
maintenance | 24 |
| zone special speed limit sign.
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| Highway construction or maintenance zone special speed | 26 |
| limit signs shall be
of a design approved by the Department. | 27 |
| The signs shall give proper due
warning that a construction or | 28 |
| maintenance zone is being approached and shall
indicate the | 29 |
| maximum speed limit in effect. The signs shall also state the
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| amount of the minimum fine for a violation when workers are | 31 |
| present.
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| (d-1) A local agency may delegate to its superintendent of | 33 |
| highways the authority to set and post a reduced speed limit | 34 |
| for a construction or maintenance zone under subsection (b). If | 35 |
| a superintendent of highways sets a reduced speed limit for a | 36 |
| construction or maintenance zone in accordance with this |
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| subsection (d-1), the local agency must maintain a record that | 2 |
| indicates (i) the location of the construction or maintenance | 3 |
| zone, (ii) the reduced speed limit set and posted for the | 4 |
| construction or maintenance zone, and (iii) the dates during | 5 |
| which the reduced speed limit was in effect.
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| (e) A first violation of this Section is a petty
offense | 7 |
| with a minimum fine
of $150. A second or subsequent violation | 8 |
| of this
Section is a petty offense with a minimum fine of $300.
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| (f) When a fine for a violation of subsection (a) is $150 | 10 |
| or greater,
the person who violates subsection (a) shall be | 11 |
| charged an additional
$50 to be paid to the unit school
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| district where the
violation
occurred for school safety | 13 |
| purposes. If the violation occurred in a dual
school district,
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| $25 of the surcharge shall be paid to the elementary school | 15 |
| district for school
safety
purposes and $25 of the surcharge | 16 |
| shall be paid to the high school district for
school
safety | 17 |
| purposes. Notwithstanding any other provision of law, the | 18 |
| entire $50
surcharge
shall be paid to the appropriate school | 19 |
| district or districts.
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| For purposes of this subsection (f), "school safety | 21 |
| purposes" includes the
costs
associated with school zone safety | 22 |
| education and
the purchase, installation, and maintenance of | 23 |
| caution lights
which are
mounted on school speed zone signs.
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| (g) When a fine for a violation of subsection (b) is $150 | 25 |
| or greater,
the person who violates subsection (b) shall be | 26 |
| charged an additional $50.
The $50 surcharge shall be deposited | 27 |
| into the Transportation Safety Highway
Hire-back Fund.
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| (h) The
Transportation Safety Highway
Hire-back Fund is | 29 |
| created as a special fund in the State treasury.
Subject to | 30 |
| appropriation by the General Assembly and approval by the
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| Secretary, the Secretary of Transportation shall use all moneys | 32 |
| in the
Transportation Safety Highway
Hire-back Fund to hire | 33 |
| off-duty Department of State Police officers to monitor
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| construction or maintenance zones.
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| (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | 36 |
| eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
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