Rep. Michael W. Tryon
Filed: 4/10/2013
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1 | AMENDMENT TO HOUSE BILL 1814
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2 | AMENDMENT NO. ______. Amend House Bill 1814 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-605.1 as follows: | ||||||
6 | (625 ILCS 5/11-605.1) | ||||||
7 | Sec. 11-605.1. Special limit while traveling through a | ||||||
8 | highway construction or maintenance speed zone. | ||||||
9 | (a) A person may not operate a motor vehicle in a | ||||||
10 | construction or maintenance speed zone at a speed in excess of | ||||||
11 | the posted speed limit.
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12 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
13 | speed-detecting devices within 500 feet of signs within a | ||||||
14 | construction or maintenance speed zone indicating the zone, as | ||||||
15 | defined in this Section, nor shall evidence obtained by use of | ||||||
16 | those devices be inadmissible in any prosecution for speeding, |
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1 | provided the use of the device shall apply only to the | ||||||
2 | enforcement of the speed limit in the construction or | ||||||
3 | maintenance speed zone.
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4 | (c) As used in this Section, a "construction or maintenance | ||||||
5 | speed zone" is an area in which the Department, Toll Highway | ||||||
6 | Authority, or local agency has posted signage advising drivers | ||||||
7 | that a construction or maintenance speed zone is being | ||||||
8 | approached, or in which the Department, Authority, or local | ||||||
9 | agency has posted a lower speed limit with a highway | ||||||
10 | construction or maintenance speed zone special speed limit sign | ||||||
11 | after determining that the preexisting established speed limit | ||||||
12 | through a highway construction or maintenance project is | ||||||
13 | greater than is reasonable or safe with respect to the | ||||||
14 | conditions expected to exist in the construction or maintenance | ||||||
15 | speed zone. | ||||||
16 | If it is determined that the preexisting established speed | ||||||
17 | limit is safe with respect to the conditions expected to exist | ||||||
18 | in the construction or maintenance speed zone, additional speed | ||||||
19 | limit signs which conform to the requirements of this | ||||||
20 | subsection (c) shall be posted. | ||||||
21 | Highway construction or maintenance speed zone special | ||||||
22 | speed limit signs shall be of a design approved by the | ||||||
23 | Department. The signs must give proper due warning that a | ||||||
24 | construction or maintenance speed zone is being approached and | ||||||
25 | must indicate the maximum speed limit in effect. The signs also | ||||||
26 | must state the amount of the minimum fine for a violation.
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1 | (d) A first violation of this Section is a petty offense | ||||||
2 | with a minimum fine of $250. A second or subsequent violation | ||||||
3 | of this Section is a petty offense with a minimum fine of $750. | ||||||
4 | (e) If a fine for a violation of this Section is $250 or | ||||||
5 | greater, the person who violated this Section shall be charged | ||||||
6 | an additional $125, which shall be deposited into the | ||||||
7 | Transportation Safety Highway Hire-back Fund in the State | ||||||
8 | treasury, unless (i) the violation occurred on a highway other | ||||||
9 | than an interstate highway and (ii) a county police officer | ||||||
10 | wrote the ticket for the violation, in which case the $125 | ||||||
11 | shall be deposited into that county's Transportation Safety | ||||||
12 | Highway Hire-back Fund. In the case of a second or subsequent | ||||||
13 | violation of this Section, if the fine is $750 or greater, the | ||||||
14 | person who violated this Section shall be charged an additional | ||||||
15 | $250, which shall be deposited into the Transportation Safety | ||||||
16 | Highway Hire-back Fund in the State treasury, unless (i) the | ||||||
17 | violation occurred on a highway other than an interstate | ||||||
18 | highway and (ii) a county police officer wrote the ticket for | ||||||
19 | the violation, in which case the $250 shall be deposited into | ||||||
20 | that county's Transportation Safety Highway Hire-back Fund.
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21 | (e-5) The Department of State Police and the local county | ||||||
22 | police department have concurrent jurisdiction over any | ||||||
23 | violation of this Section that occurs on an interstate highway.
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24 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
25 | which was created by Public Act 92-619, shall continue to be a | ||||||
26 | special fund in the State treasury. Subject to appropriation by |
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1 | the General Assembly and approval by the Secretary, the | ||||||
2 | Secretary of Transportation shall use all moneys in the | ||||||
3 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
4 | Department of State Police officers to monitor construction or | ||||||
5 | maintenance zones. | ||||||
6 | (f-5) Each county shall create a Transportation Safety | ||||||
7 | Highway Hire-back Fund. The county shall use all moneys in its | ||||||
8 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
9 | county police officers to monitor construction or maintenance | ||||||
10 | zones in that county on highways other than interstate | ||||||
11 | highways.
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12 | (g) For a second or subsequent violation of this Section | ||||||
13 | within 2 years of the date of the previous violation, the | ||||||
14 | Secretary of State shall suspend the driver's license of the | ||||||
15 | violator for a period of 90 days.
This suspension shall only be
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16 | imposed if the current violation of this Section and at least | ||||||
17 | one prior violation of this Section
occurred during a period | ||||||
18 | when workers were present in the
construction or maintenance | ||||||
19 | zone.
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20 | (Source: P.A. 97-830, eff. 1-1-13.)".
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