99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3892
 
Introduced , by Rep. Daniel V. Beiser
 
SYNOPSIS AS INTRODUCED:
 

 
625 ILCS 5/12-215.1

     Amends the Illinois Vehicle Code. Provides that only a person authorized to possess or be in actual physical control of oscillating, rotating, or flashing lights or other indicia of an emergency vehicle may purchase oscillating, rotating, or flashing lights for an emergency vehicle. Requires the purchaser of oscillating, rotating, or flashing lights for an emergency vehicle to provide identification proving his or her status as a law enforcement officer, ambulance technician or driver, firefighter, any other person authorized to possess emergency vehicle lights, or a person authorized to purchase on behalf of any person or entity authorized to possess emergency vehicle lights. Makes a conforming change.
  


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A BILL FOR
 

  
HB3892LRB099 09247 RJF 29451 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Illinois Vehicle Code is amended  by changing 
5Section 12-215.1 as follows:
 
6    (625 ILCS 5/12-215.1)
7    Sec. 12-215.1. Possession and purchase of oscillating, 
8rotating, or flashing lights in motor vehicles; police 
9equipment, markings, and other indicia of emergency vehicle 
10authority.
11    (a) A person, except those given exceptions in Section 
1212-215 or 12-609 of this Code, may not possess or be in actual 
13physical control of oscillating, rotating, or flashing lights 
14or other indicia of emergency vehicle authority within any 
15portion of a motor vehicle, including but not limited to 
16wig-wags, red and blue LEDs, sirens, mounted or affixed devices 
17or other equipment, markings or indicia of emergency vehicle 
18authority.
19    (b) A person found guilty of violating this Section is 
20guilty of a Class A misdemeanor. 
21    (a-5)          Only a person authorized to possess or be in actual 
22physical control of oscillating, rotating, or flashing lights 
23or other indicia of an emergency vehicle under Section 12-215 
 
 
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1may purchase oscillating, rotating, or flashing lights for an 
2emergency vehicle. The purchaser of oscillating, rotating, or 
3flashing lights for an emergency vehicle must provide 
4identification, which may include a badge, as proof of his or 
5her status as a law enforcement officer, ambulance technician 
6or driver, firefighter, any other person authorized to possess 
7emergency vehicle lights under Section 12-215, or a person 
8authorized to purchase on behalf of any person or entity 
9authorized to possess emergency vehicle lights under Section 
1012-215. 
11    (c) Oscillating, rotating, or flashing lights and any other 
12equipment, markings, or indicia of emergency vehicle authority 
13shall be seized by the law enforcement officer at the time of a 
14violation of this Section or of Section 12-215 or 12-609 of 
15this Code upon any legal search. The officer may seize the 
16vehicle containing the prohibited device or mechanism, and this 
17device or mechanism shall be removed and held for evidentiary 
18purposes. When the device or mechanism is no longer needed for 
19evidence, the defendant may petition the court for the return 
20of the device or mechanism. The defendant must prove to the 
21court by a preponderance of the evidence that the device or 
22mechanism will be used for a legitimate and lawful purpose. 

23(Source: P.A. 98-468, eff. 8-16-13.)