Full Text of HB0860 97th General Assembly
HB0860ham001 97TH GENERAL ASSEMBLY | Rep. John E. Bradley Filed: 3/31/2011
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| 1 | | AMENDMENT TO HOUSE BILL 860
| 2 | | AMENDMENT NO. ______. Amend House Bill 860 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Roadside Memorial Act is amended by | 5 | | changing Sections 15 and 23 as follows: | 6 | | (605 ILCS 125/15)
| 7 | | Sec. 15. Participation in the Roadside Memorial program. | 8 | | (a) A qualified relative of a victim may make a request for | 9 | | the installation of a memorial marker in a supporting | 10 | | jurisdiction using an application developed by the supporting | 11 | | jurisdiction. The supporting jurisdiction shall have sole | 12 | | responsibility for determining whether a request for a DUI | 13 | | memorial marker is rejected or accepted. | 14 | | (b) An application for a DUI memorial marker may be | 15 | | submitted by a qualified relative with regard to any crash that | 16 | | occurred on or after January 1, 1985 January 1, 1990 . |
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| 1 | | (c) If there is any opposition to the placement of a DUI | 2 | | memorial marker by any qualified relative of any decedent | 3 | | involved in the crash, the supporting jurisdiction shall deny | 4 | | the request. | 5 | | (d) The supporting jurisdiction shall deny the request or, | 6 | | if a DUI memorial marker has already been installed, may remove | 7 | | the marker, if the qualified relative has provided false or | 8 | | misleading information in the application. | 9 | | (e) The qualified relative shall agree not to place or | 10 | | encourage the placement of flowers, pictures, or other items at | 11 | | the crash site. | 12 | | (f) A DUI memorial marker shall not be erected for a | 13 | | deceased driver involved in a fatal crash who is shown by | 14 | | toxicology reports to have been in violation of State DUI law, | 15 | | unless the next of kin of any other victim or victims killed in | 16 | | the crash consent in writing to the erection of the memorial | 17 | | marker.
| 18 | | (Source: P.A. 95-398, eff. 1-1-08; 95-873, eff. 8-21-08.) | 19 | | (605 ILCS 125/23) | 20 | | (Section scheduled to be repealed on December 31, 2011) | 21 | | Sec. 23. Fatal accident memorial marker program. | 22 | | (a) The fatal accident memorial marker program is intended | 23 | | to raise public awareness of reckless driving by emphasizing | 24 | | the dangers while affording families an opportunity to remember | 25 | | the victims of crashes involving reckless drivers. |
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| 1 | | (b) As used in this Section, "fatal accident memorial | 2 | | marker" means a marker on a highway in this State commemorating | 3 | | one or more persons who died as a proximate result of a crash | 4 | | caused by a driver who committed an act of reckless homicide in | 5 | | violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 | 6 | | or who otherwise caused the death of one or more persons | 7 | | through the operation of a motor vehicle. | 8 | | (c) For purposes of the fatal accident memorial marker | 9 | | program in this Section, the provisions of Section 15 of this | 10 | | Act applicable to DUI memorial markers shall apply the same to | 11 | | fatal accident memorial markers. | 12 | | (d) A fatal accident memorial marker shall consist of a | 13 | | white on blue panel bearing the message "Reckless Driving Costs | 14 | | Lives". At the request of the qualified relative, a separate | 15 | | panel bearing the words "In Memory of (victim's name)", | 16 | | followed by the date of the crash that was the proximate cause | 17 | | of the loss of the victim's life, shall be mounted below the | 18 | | primary panel. | 19 | | (e) A fatal accident memorial marker may memorialize more | 20 | | than one victim who died as a result of the same crash. If one | 21 | | or more additional deaths subsequently occur in close proximity | 22 | | to an existing fatal accident memorial marker, the supporting | 23 | | jurisdiction may use the same marker to memorialize the | 24 | | subsequent death or deaths, by adding the names of the | 25 | | additional persons. | 26 | | (f) A fatal accident memorial marker shall be maintained |
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| 1 | | for at least 2 years from the date the last person was | 2 | | memorialized on the marker. | 3 | | (g) The supporting jurisdiction has the right to install a | 4 | | marker at a location other than the location of the crash or to | 5 | | relocate a marker due to restricted room, property owner | 6 | | complaints, interference with essential traffic control | 7 | | devices, safety concerns, or other restrictions. In such cases, | 8 | | the sponsoring jurisdiction may select an alternate location. | 9 | | (h) The Department shall secure the consent of any | 10 | | municipality before placing a fatal accident memorial marker | 11 | | within the corporate limits of the municipality. | 12 | | (i) A fee in an amount to be determined by the supporting | 13 | | jurisdiction shall be charged to the qualified relative. The | 14 | | fee shall not exceed the costs associated with the fabrication, | 15 | | installation, and maintenance of the fatal accident memorial | 16 | | marker. | 17 | | (j) The Department shall report to the General Assembly no | 18 | | later than October 1, 2011 on the evaluation of the program and | 19 | | the number of fatal accident memorial marker requests. | 20 | | (k) This Section is repealed on December 31, 2012 December | 21 | | 31, 2011 .
| 22 | | (Source: P.A. 96-1371, eff. 1-1-11.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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