103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1371

 

Introduced 2/6/2023, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
605 ILCS 125/20
605 ILCS 125/23.1

    Amends the Roadside Memorial Act. Provides that a DUI memorial marker shall be maintained permanently (rather than for a minimum of 2 years). Provides that a fatal crash memorial marker shall be maintained permanently (rather than for a minimum of 2 years).


LRB103 26313 MXP 52674 b

 

 

A BILL FOR

 

SB1371LRB103 26313 MXP 52674 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 Roadside Memorial Act is amended by
5changing Sections 20 and 23.1 as follows:
 
6    (605 ILCS 125/20)
7    Sec. 20. DUI memorial markers.
8    (a) A DUI memorial marker erected before July 1, 2021
9shall consist of a white on blue panel bearing the message
10"Please Don't Drink and Drive". A DUI memorial marker erected
11on or after July 1, 2021 shall consist of a white on blue panel
12bearing the message "Don't Drive Under the Influence". At the
13request of the qualified relative, a separate panel bearing
14the words "In Memory of (victim's name)", followed by the date
15of the crash that was the proximate cause of the loss of the
16victim's life, shall be mounted below the primary panel. This
17amendatory Act of the 102nd General Assembly does not require
18the removal or replacement of any memorial markers erected
19before July 1, 2021.
20    (b) A DUI memorial marker may memorialize more than one
21victim who died as a result of the same DUI-related crash. If
22one or more additional DUI crash deaths subsequently occur in
23close proximity to an existing DUI memorial marker, the

 

 

SB1371- 2 -LRB103 26313 MXP 52674 b

1supporting jurisdiction may use the same marker to memorialize
2the subsequent death or deaths, by adding the names of the
3additional persons.
4    (c) A DUI memorial marker shall be maintained permanently
5for at least 2 years from the date the last person was
6memorialized on the marker.
7    (d) The supporting jurisdiction has the right to install a
8marker at a location other than the location of the crash or to
9relocate a marker due to restricted room, property owner
10complaints, interference with essential traffic control
11devices, safety concerns, or other restrictions. In such
12cases, the sponsoring jurisdiction may select an alternate
13location.
14    (e) The Department shall secure the consent of any
15municipality before placing a DUI memorial marker within the
16corporate limits of the municipality.
17    (f) A fee in an amount to be determined by the supporting
18jurisdiction may be paid in whole or in part from the Roadside
19Memorial Fund if moneys are made available by the Department
20of Transportation from that Fund or may be charged to the
21qualified relative to the extent moneys from that Fund are not
22made available. The fee shall not exceed the costs associated
23with the fabrication, installation, and maintenance of the DUI
24memorial marker.
25(Source: P.A. 102-60, eff. 7-9-21.)
 

 

 

SB1371- 3 -LRB103 26313 MXP 52674 b

1    (605 ILCS 125/23.1)
2    (Text of Section before amendment by P.A. 102-982)
3    Sec. 23.1. Fatal accident memorial marker program.
4    (a) The fatal accident memorial marker program is intended
5to raise public awareness of traffic fatalities caused by
6reckless driving or other means by emphasizing the dangers
7while affording families an opportunity to remember the
8victims of traffic crashes.
9    (b) As used in this Section, "fatal accident memorial
10marker" means a marker on a highway in this State
11commemorating one or more persons who died as a proximate
12result of a crash caused by a driver who committed an act of
13reckless homicide in violation of Section 9-3 or 9-3.2 of the
14Criminal Code of 1961 or the Criminal Code of 2012 or who
15otherwise caused the death of one or more persons through the
16operation of a motor vehicle.
17    (c) For purposes of the fatal accident memorial marker
18program in this Section, the provisions of Section 15 of this
19Act applicable to DUI memorial markers shall apply the same to
20fatal accident memorial markers.
21    (d) A fatal accident memorial marker shall consist of a
22white on blue panel bearing the message "Reckless Driving
23Costs Lives" if the victim or victims died as a proximate
24result of a crash caused by a driver who committed an act of
25reckless homicide in violation of Section 9-3 or 9-3.2 of the
26Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,

 

 

SB1371- 4 -LRB103 26313 MXP 52674 b

1a fatal accident memorial marker shall consist of a white on
2blue panel bearing the message "Drive With Care". At the
3request of the qualified relative, a separate panel bearing
4the words "In Memory of (victim's name)", followed by the date
5of the crash that was the proximate cause of the loss of the
6victim's life, shall be mounted below the primary panel.
7    (e) A fatal accident memorial marker may memorialize more
8than one victim who died as a result of the same crash. If one
9or more additional deaths subsequently occur in close
10proximity to an existing fatal accident memorial marker, the
11supporting jurisdiction may use the same marker to memorialize
12the subsequent death or deaths, by adding the names of the
13additional persons.
14    (f) A fatal accident memorial marker shall be maintained
15for at least 2 years from the date the last person was
16memorialized on the marker.
17    (g) The supporting jurisdiction has the right to install a
18marker at a location other than the location of the crash or to
19relocate a marker due to restricted room, property owner
20complaints, interference with essential traffic control
21devices, safety concerns, or other restrictions. In these
22cases, the sponsoring jurisdiction may select an alternate
23location.
24    (h) The Department shall secure the consent of any
25municipality before placing a fatal accident memorial marker
26within the corporate limits of the municipality.

 

 

SB1371- 5 -LRB103 26313 MXP 52674 b

1    (i) A fee in an amount to be determined by the supporting
2jurisdiction shall be charged to the qualified relative. The
3fee shall not exceed the costs associated with the
4fabrication, installation, and maintenance of the fatal
5accident memorial marker.
6    (j) The provisions of this Section shall apply to any
7fatal accident marker constructed on or after January 1, 2013.
8(Source: P.A. 102-60, eff. 7-9-21.)
 
9    (Text of Section after amendment by P.A. 102-982)
10    Sec. 23.1. Fatal crash memorial marker program.
11    (a) The fatal crash memorial marker program is intended to
12raise public awareness of traffic fatalities caused by
13reckless driving or other means by emphasizing the dangers
14while affording families an opportunity to remember the
15victims of traffic crashes.
16    (b) As used in this Section, "fatal crash memorial marker"
17means a marker on a highway in this State commemorating one or
18more persons who died as a proximate result of a crash caused
19by a driver who committed an act of reckless homicide in
20violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961
21or the Criminal Code of 2012 or who otherwise caused the death
22of one or more persons through the operation of a motor
23vehicle.
24    (c) For purposes of the fatal crash memorial marker
25program in this Section, the provisions of Section 15 of this

 

 

SB1371- 6 -LRB103 26313 MXP 52674 b

1Act applicable to DUI memorial markers shall apply the same to
2fatal crash memorial markers.
3    (d) A fatal crash memorial marker shall consist of a white
4on blue panel bearing the message "Reckless Driving Costs
5Lives" if the victim or victims died as a proximate result of a
6crash caused by a driver who committed an act of reckless
7homicide in violation of Section 9-3 or 9-3.2 of the Criminal
8Code of 1961 or the Criminal Code of 2012. Otherwise, a fatal
9crash memorial marker shall consist of a white on blue panel
10bearing the message "Drive With Care". At the request of the
11qualified relative, a separate panel bearing the words "In
12Memory of (victim's name)", followed by the date of the crash
13that was the proximate cause of the loss of the victim's life,
14shall be mounted below the primary panel.
15    (e) A fatal crash memorial marker may memorialize more
16than one victim who died as a result of the same crash. If one
17or more additional deaths subsequently occur in close
18proximity to an existing fatal crash memorial marker, the
19supporting jurisdiction may use the same marker to memorialize
20the subsequent death or deaths, by adding the names of the
21additional persons.
22    (f) A fatal crash memorial marker shall be maintained
23permanently for at least 2 years from the date the last person
24was memorialized on the marker.
25    (g) The supporting jurisdiction has the right to install a
26marker at a location other than the location of the crash or to

 

 

SB1371- 7 -LRB103 26313 MXP 52674 b

1relocate a marker due to restricted room, property owner
2complaints, interference with essential traffic control
3devices, safety concerns, or other restrictions. In these
4cases, the sponsoring jurisdiction may select an alternate
5location.
6    (h) The Department shall secure the consent of any
7municipality before placing a fatal crash memorial marker
8within the corporate limits of the municipality.
9    (i) A fee in an amount to be determined by the supporting
10jurisdiction shall be charged to the qualified relative. The
11fee shall not exceed the costs associated with the
12fabrication, installation, and maintenance of the fatal crash
13memorial marker.
14    (j) The provisions of this Section shall apply to any
15fatal crash marker constructed on or after January 1, 2013.
16(Source: P.A. 102-60, eff. 7-9-21; 102-982, eff. 7-1-23.)