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Public Act 91-0531
SB737 Enrolled LRB9104914KSsb
AN ACT to amend the Illinois Vehicle Code by changing
Sections 2-120 and 11-605.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 2-120 and 11-605 as follows:
(625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120)
Sec. 2-120. Disposition of fines and forfeitures.
(a) Except as provided in subsection (f) of Section
11-605 of this Code, fines and penalties recovered under the
provisions of this Act administered by the Secretary of
State, except those fines and penalties subject to
disbursement by the circuit clerk under Section 27.5 of the
Clerks of Courts Act, shall be paid over and used as follows:
1. For violations of this Act committed within the
limits of an incorporated city or village, to the
treasurer of the particular city or village, if arrested
by the authorities of the city or village and reasonably
prosecuted for all fines and penalties under this Act by
the police officers and officials of the city or village.
2. For violations of this Act committed outside the
limits of an incorporated city or village to the county
treasurer of the court where the offense was committed.
3. For the purposes of this Act an offense for
violation of any provision of this Act not committed upon
the highway shall be deemed to be committed where the
violator resides or where he has a place of business
requiring some registration, permit or license to operate
such business under this Act.
(b) Failure, refusal or neglect on the part of any
judicial or other officer or employee receiving or having
custody of any such fine or forfeiture either before or after
a deposit with the proper official as defined in paragraph
(a) of this Section, shall constitute misconduct in office
and shall be grounds for removal therefrom.
(Source: P.A. 87-671.)
(625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
Sec. 11-605. Special speed limit while passing schools or
while traveling through highway construction or maintenance
zones.
(a) For the purpose of this Section, "school" means the
following entities:
(1) A public or private primary or secondary
school.
(2) A primary or secondary school operated by a
religious institution.
(3) A public, private, or religious nursery school.
On a school day when school children are present and so
close thereto that a potential hazard exists because of the
close proximity of the motorized traffic, no person shall
drive a motor vehicle at a speed in excess of 20 miles per
hour while passing a school zone or while traveling upon any
public thoroughfare where children pass going to and from
school.
For the purpose of this Section a school day shall begin
at seven ante meridian and shall conclude at four post
meridian.
This Section shall not be applicable unless appropriate
signs are posted upon streets and highways under their
respective jurisdiction and maintained by the Department,
township, county, park district, city, village or
incorporated town wherein the school zone is located. With
regard to the special speed limit while passing schools, such
signs shall give proper due warning that a school zone is
being approached and shall indicate the school zone and the
maximum speed limit in effect during school days when school
children are present.
(b) No person shall operate a motor vehicle in a
construction or maintenance zone at a speed in excess of the
posted speed limit when workers are present and so close to
the moving traffic that a potential hazard exists because of
the motorized traffic.
(c) Nothing in this Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet of signs
within a special school speed zone or a construction or
maintenance zone indicating such zone, as defined in this
Section, nor shall evidence obtained thereby be inadmissible
in any prosecution for speeding provided the use of such
device shall apply only to the enforcement of the speed limit
in such special school speed zone or a construction or
maintenance zone.
(d) For the purpose of this Section, a construction or
maintenance zone is an area in which the Department, Toll
Highway Authority, or local agency has determined that the
preexisting established speed limit through a highway
construction or maintenance project is greater than is
reasonable or safe with respect to the conditions expected to
exist in the construction or maintenance zone and has posted
a lower speed limit with a highway construction or
maintenance zone special speed limit sign.
Highway construction or maintenance zone special speed
limit signs shall be of a design approved by the Department.
The signs shall give proper due warning that a construction
or maintenance zone is being approached and shall indicate
the maximum speed limit in effect. The signs shall also
state the amount of the minimum fine for a violation when
workers are present.
(e) A violation of this Section shall be a petty offense
with a minimum fine of $150.
(f) When a fine for a violation of subsection (a) is
$150 or greater, the person who violates subsection (a) shall
be charged an additional $50 to be paid to the unit school
district where the violation occurred for school safety
purposes. If the violation occurred in a dual school
district, $25 of the surcharge shall be paid to the
elementary school district for school safety purposes and $25
of the surcharge shall be paid to the high school district
for school safety purposes. Notwithstanding any other
provision of law, the entire $50 surcharge shall be paid to
the appropriate school district or districts.
For purposes of this subsection (f), "school safety
purposes" includes the costs associated with school zone
safety education and the purchase, installation, and
maintenance of caution lights which are mounted on school
speed zone signs.
(Source: P.A. 89-251, eff. 1-1-96; 89-559, eff. 1-1-97.)
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