State of Illinois
90th General Assembly
Legislation

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90_SB0936

      625 ILCS 5/12-612, formerly 5/12-715
          Amends  provisions   of   the   Illinois   Vehicle   Code
      prohibiting the operation of a commercial vehicle while it is
      equipped   with   a  radar  jamming  device.   Changes  those
      provisions so that the prohibition applies  to  operators  of
      all motor vehicles (rather than only commercial vehicles) and
      that  it  applies  to all devices designed or intended to jam
      any speed-measurement device (rather than only radar  jamming
      devices).  Prohibits the sale of devices designed or intended
      to jam any speed-measurement device.
                                                     LRB9003005WHmg
                                               LRB9003005WHmg
 1        AN ACT to amend the Illinois Vehicle Code by changing and
 2    renumbering Section 12-715.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing and renumbering Section 12-715 as follows:
 7        (625 ILCS 5/12-612, formerly 5/12-715)
 8        Sec.  12-612  12-715..  Possession,  and use, and sale of
 9    radar jamming devices prohibited.
10        (a)  No person shall operate or  be  in  actual  physical
11    control  of  a commercial motor vehicle as defined in Section
12    6-500(6) of this Code while the  motor  vehicle  is  equipped
13    with  a  jamming  device any instrument designed to interfere
14    with microwaves at frequencies used by police radar  for  the
15    purpose  of monitoring vehicular speed.  For purposes of this
16    Section, the term "equipped" means and includes possession or
17    use within or on a commercial  motor  vehicle,  and  "jamming
18    device"  means  any instrument, device, or equipment designed
19    or intended  to  jam  or  interfere  in  any  manner  with  a
20    speed-measuring device operated by a peace officer.
21        (b)  Notwithstanding  subsection  (a)  of this Section, a
22    person operating a commercial motor  vehicle  as  defined  in
23    Section  6-500(6)  of  this  Code,  who  possesses within the
24    vehicle a radar jamming device that is contained in a  locked
25    opaque  box  or  similar  container,  or  that  is not in the
26    passenger compartment of the vehicle,  and  that  is  not  in
27    operation,  shall  not  be  in violation of subsection (a) of
28    this Section.
29        (b-1)  No person may sell or offer for sale  any  jamming
30    device in this State.
31        (b-2)  Any  person found guilty of violating this Section
                            -2-                LRB9003005WHmg
 1    shall be guilty of a petty offense.  A minimum  fine  of  $50
 2    shall  be  imposed  for a first offense and a minimum fine of
 3    $100 for a second or subsequent offense.
 4        (c)  The radar  jamming  device  or  mechanism  shall  be
 5    seized  by  the  law  enforcement  officer at the time of the
 6    violation.  This Section shall not be construed to  authorize
 7    the  permanent  forfeiture  to the State of any radar jamming
 8    device or mechanism.  Any jamming such  device  or  mechanism
 9    shall  be  taken  and  held  for  the  period  when needed as
10    evidence.  When no longer needed for evidence, the  defendant
11    may  petition  the court for the return of the jamming device
12    or mechanism; provided the defendant shall prove to the court
13    by a preponderance of the evidence that the jamming device or
14    mechanism will be used  only  for  a  legitimate  and  lawful
15    purpose.
16        (d)  No  commercial  motor  vehicle,  or  driver  of such
17    vehicle, shall be stopped or searched by any law  enforcement
18    officer  solely  on  the  basis  of  a violation or suspected
19    violation of this Section.
20    (Source: P.A. 87-1202; 88-45.)

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