Full Text of SB3803 96th General Assembly
SB3803eng 96TH GENERAL ASSEMBLY
|
|
|
SB3803 Engrossed |
|
LRB096 20879 AJT 36661 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Roadside Memorial Act is amended by changing | 5 |
| Sections 5, 10, and 15 and by adding Section 23 as follows: | 6 |
| (605 ILCS 125/5) | 7 |
| Sec. 5. Purpose of the Roadside Memorial program. The | 8 |
| Roadside Memorial program is intended to raise public awareness | 9 |
| of impaired driving and reckless driving by emphasizing the | 10 |
| dangers while affording families an opportunity to remember the | 11 |
| victims of crashes involving impaired or reckless drivers. | 12 |
| (Source: P.A. 95-398, eff. 1-1-08.) | 13 |
| (605 ILCS 125/10) | 14 |
| Sec. 10. Definitions. As used in this Act: | 15 |
| "Department" means the Department of Transportation. | 16 |
| "DUI memorial marker" means a marker on a highway in this | 17 |
| State commemorating one or more persons who died as a proximate | 18 |
| result of a crash caused by a driver under the influence of | 19 |
| alcohol, other drug or drugs, intoxicating compound or | 20 |
| compounds, or any combination thereof. | 21 |
| "Fatal accident memorial marker" means a marker on a | 22 |
| highway in this State commemorating one or more persons who |
|
|
|
SB3803 Engrossed |
- 2 - |
LRB096 20879 AJT 36661 b |
|
| 1 |
| died as a proximate result of a crash caused by a driver who | 2 |
| committed an act of reckless homicide in violation of Section | 3 |
| 9-3 or 9-3.2 of the Criminal Code of 1961 or who otherwise | 4 |
| caused the death of one or more persons through the operation | 5 |
| of a motor vehicle. | 6 |
| "Qualified relative" means: an immediate relative of the | 7 |
| deceased, by marriage, blood, or adoption, such as his or her | 8 |
| spouse, son, daughter, mother, father, sister, or brother; a | 9 |
| stepmother, stepfather, stepbrother, or stepsister of the | 10 |
| deceased; or a person with whom the deceased was in a domestic | 11 |
| partnership or civil union as recognized by a State or local | 12 |
| law or ordinance. | 13 |
| "Supporting jurisdiction" means the Department or any | 14 |
| municipality, township, or county that establishes a Roadside | 15 |
| Memorial program within its jurisdictional area. | 16 |
| (Source: P.A. 95-398, eff. 1-1-08.) | 17 |
| (605 ILCS 125/15) | 18 |
| Sec. 15. Participation in the Roadside Memorial program. | 19 |
| (a) A qualified relative of a victim may make a request for | 20 |
| the installation of a memorial marker in a supporting | 21 |
| jurisdiction using an application developed by the supporting | 22 |
| jurisdiction. The supporting jurisdiction shall have sole | 23 |
| responsibility for determining whether a request for a DUI | 24 |
| memorial marker or a fatal accident memorial marker is rejected | 25 |
| or accepted. |
|
|
|
SB3803 Engrossed |
- 3 - |
LRB096 20879 AJT 36661 b |
|
| 1 |
| (b) An application for a DUI memorial marker or a fatal | 2 |
| accident memorial marker may be submitted by a qualified | 3 |
| relative with regard to any crash that occurred on or after | 4 |
| January 1, 1990. | 5 |
| (c) If there is any opposition to the placement of a DUI | 6 |
| memorial marker or a fatal accident memorial marker by any | 7 |
| qualified relative of any decedent involved in the crash, the | 8 |
| supporting jurisdiction shall deny the request. | 9 |
| (d) The supporting jurisdiction shall deny the request or, | 10 |
| if a DUI memorial marker or a fatal accident memorial marker | 11 |
| has already been installed, may remove the marker, if the | 12 |
| qualified relative has provided false or misleading | 13 |
| information in the application. | 14 |
| (e) The qualified relative shall agree not to place or | 15 |
| encourage the placement of flowers, pictures, or other items at | 16 |
| the crash site. | 17 |
| (f) A DUI memorial marker or a fatal accident memorial | 18 |
| marker shall not be erected for a deceased driver involved in a | 19 |
| fatal crash who is shown by toxicology reports to have been in | 20 |
| violation of State DUI law, unless the next of kin of any other | 21 |
| victim or victims killed in the crash consent in writing to the | 22 |
| erection of the memorial marker. | 23 |
| (Source: P.A. 95-398, eff. 1-1-08; 95-873, eff. 8-21-08.) | 24 |
| (605 ILCS 125/23 new) | 25 |
| Sec. 23. Fatal accident memorial markers. |
|
|
|
SB3803 Engrossed |
- 4 - |
LRB096 20879 AJT 36661 b |
|
| 1 |
| (a) A fatal accident memorial marker shall consist of a | 2 |
| white on red panel bearing the message "Reckless Driving Costs | 3 |
| Lives". At the request of the qualified relative, a separate | 4 |
| panel bearing the words "In Memory of (victim's name)", | 5 |
| followed by the date of the crash that was the proximate cause | 6 |
| of the loss of the victim's life, shall be mounted below the | 7 |
| primary panel. | 8 |
| (b) A fatal accident memorial marker may memorialize more | 9 |
| than one victim who died as a result of the same crash. If one | 10 |
| or more additional deaths subsequently occur in close proximity | 11 |
| to an existing fatal accident memorial marker, the supporting | 12 |
| jurisdiction may use the same marker to memorialize the | 13 |
| subsequent death or deaths, by adding the names of the | 14 |
| additional persons. | 15 |
| (c) A fatal accident memorial marker shall be maintained | 16 |
| for at least 2 years from the date the last person was | 17 |
| memorialized on the marker. | 18 |
| (d) The supporting jurisdiction has the right to install a | 19 |
| marker at a location other than the location of the crash or to | 20 |
| relocate a marker due to restricted room, property owner | 21 |
| complaints, interference with essential traffic control | 22 |
| devices, safety concerns, or other restrictions. In such cases, | 23 |
| the sponsoring jurisdiction may select an alternate location. | 24 |
| (e) The Department shall secure the consent of any | 25 |
| municipality before placing a fatal accident memorial marker | 26 |
| within the corporate limits of the municipality. |
|
|
|
SB3803 Engrossed |
- 5 - |
LRB096 20879 AJT 36661 b |
|
| 1 |
| (f) A fee in an amount to be determined by the supporting | 2 |
| jurisdiction shall be charged to the qualified relative. The | 3 |
| fee shall not exceed the costs associated with the fabrication, | 4 |
| installation, and maintenance of the fatal accident memorial | 5 |
| marker.
|
|