HB4754 95TH GENERAL ASSEMBLY

LRB095 17755 LCT 43831 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4754

Introduced , by Rep. Sidney H. Mathias

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1425

from Ch. 95 1/2, par. 11-1425

Amends the Illinois Vehicle Code. Provides that a person who enters a railroad grade crossing and obstructs the passage of other vehicles or pedestrians or of a train or railroad equipment shall have his or her driver's license suspended for a period of one month, in addition to the imposition of a mandatory $500 fine or 50 hours of community service. Provides that a person who receives a disposition of court supervision for this violation is also subject to a mandatory fine of $500 or 50 hours of community service. Provides that upon a second violation, the person shall have his or her driving privileges suspended for a period of 3 months, in addition to the imposition of a fine of $500 and 50 hours of community service. Provides that, in imposing the suspension, the court may grant the person a restricted driving permit for the duration of the suspension, subject to stated conditions.

A BILL FOR

AN ACT concerning transportation.

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 Section 11-1425 as follows:

(625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)

Sec. 11-1425. Stop when traffic obstructed.

(a) No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians or railroad trains notwithstanding any traffic-control signal indication to proceed.

(b) No driver shall enter a highway rail grade crossing unless there is sufficient space on the other side of the highway rail grade crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any traffic-control signal indication to proceed. Any person found in violation of subsection (b) shall be subject to a mandatory fine of $500 or 50 hours of community service.

(c) (Blank). Local authorities shall impose fines as established in subsection (b) for persons found in violation of this Section or any similar local ordinance.

(d) Beginning with the effective date of this amendatory Act of the 95th General Assembly, the Secretary of State shall suspend for a period of one month the driving privileges of any person convicted of a violation of this Section or a similar provision of a local ordinance; the Secretary shall suspend for a period of 3 months the driving privileges of any person convicted of a second or subsequent violation of this Section or a similar provision of a local ordinance if the second or subsequent violation occurs within 5 years of a prior conviction for the same offense. In addition to the suspensions authorized by this Section, any person convicted of violating this Section or a similar provision of a local ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating this Section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent violation, in addition to the suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 and 50 hours community service. The Secretary may also grant, for the duration of any suspension issued under this subsection, a restricted driving permit granting the privilege of driving a motor vehicle between the driver's residence and place of employment or within other proper limits that the Secretary of State shall find necessary to avoid any undue hardship. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver's license may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of the restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. Any conviction for a violation of this subsection shall be included as an offense for the purposes of determining suspension action under any other provision of this Code, provided however, that the penalties provided under this subsection shall be imposed unless those penalties imposed under other applicable provisions are greater.

The owner of any vehicle alleged to have violated this Section shall, upon appropriate demand by the State's Attorney or other authorized prosecutor acting in response to a signed complaint, provide a written statement or deposition identifying the operator of the vehicle if such operator was not the owner at the time of the alleged violation. Failure to supply such information shall be construed to be the same as a violation of this Section and shall be subject to the same penalties herein provided. In the event the owner has assigned control for the use of the vehicle to another, the person to whom control was assigned shall comply with the provisions of this paragraph and be subject to the same penalties as herein provided.

(Source: P.A. 91-532, eff. 1-1-00.)