Rep. Emily McAsey

Filed: 3/19/2013

 

 


 

 


 
09800HB3054ham001LRB098 09862 MLW 42890 a

1
AMENDMENT TO HOUSE BILL 3054

2    AMENDMENT NO. ______. Amend House Bill 3054 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by adding
5Section 12-215.1 as follows:
 
6    (625 ILCS 5/12-215.1 new)
7    Sec. 12-215.1. Possession of oscillating, rotating, or
8flashing lights in motor vehicles; police equipment, markings,
9and other indicia of emergency vehicle authority.
10    (a) No person, except those given exceptions in 12-215 or
1112-609, may possess or be in actual physical control of
12oscillating, rotating, or flashing lights or other indicia of
13emergency vehicle authority within any portion of a motor
14vehicle, including but not limited to wig-wags, red and blue
15LEDs, sirens, in-car video systems, mounted or affixed devices
16or other equipment, markings or indicia of emergency vehicle

 

 

09800HB3054ham001- 2 -LRB098 09862 MLW 42890 a

1authority.
2    (b) Any person found guilty of violating this Section is
3guilty of a petty offense. A minimum fine of $95 shall be
4imposed for a first offense and a minimum fine of $250 for a
5second or subsequent offense. Any seller or transferor of a
6motor vehicle with such prohibited devices or equipment, under
7Section 12-609, is subject to a fine no less than $500 and no
8greater than $1000.
9    (c) Oscillating, rotating, or flashing lights and any other
10equipment, markings, or indicia of emergency vehicle authority
11shall be seized by the law enforcement officer at the time of
12any violation of this Section or of Section 12-215 or 12-609 of
13this Code upon any legal search. The officer is entitled to
14seize the vehicle containing the prohibited device or
15mechanism, and this device or mechanism shall be removed and
16held for evidentiary purposes. When the device or mechanism is
17no longer needed for evidence, the defendant may petition the
18court for the return of the device or mechanism. The defendant,
19however, must prove to the court by a preponderance of the
20evidence that the device or mechanism will be used for a
21legitimate and lawful purpose.".