Illinois General Assembly - Full Text of SB3793
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Full Text of SB3793  102nd General Assembly




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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
5changing Sections 11-605 and 11-1414 as follows:
6    (625 ILCS 5/11-605)  (from Ch. 95 1/2, par. 11-605)
7    Sec. 11-605. Special speed limit while passing schools.
8    (a) For the purpose of this Section, "school" means the
9following entities:
10        (1) A public or private primary or secondary school.
11        (2) A primary or secondary school operated by a
12    religious institution.
13        (3) A public, private, or religious nursery school.
14    On a school day when school children are present and so
15close thereto that a potential hazard exists because of the
16close proximity of the motorized traffic, no person shall
17drive a motor vehicle at a speed in excess of 20 miles per hour
18while passing a school zone or while traveling on a roadway on
19public school property or upon any public thoroughfare where
20children pass going to and from school.
21    For the purpose of this Section, a school day begins at
226:30 a.m. and concludes at 4 p.m.
23    This Section shall not be applicable unless appropriate



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1signs are posted upon streets and highways under their
2respective jurisdiction and maintained by the Department,
3township, county, park district, city, village or incorporated
4town wherein the school zone is located. With regard to the
5special speed limit while passing schools, such signs shall
6give proper due warning that a school zone is being approached
7and shall indicate the school zone and the maximum speed limit
8in effect during school days when school children are present.
9    (b) (Blank).
10    (c) Nothing in this Chapter shall prohibit the use of
11electronic speed-detecting devices within 500 feet of signs
12within a special school speed zone indicating such zone, as
13defined in this Section, nor shall evidence obtained thereby
14be inadmissible in any prosecution for speeding provided the
15use of such device shall apply only to the enforcement of the
16speed limit in such special school speed zone.
17    (d) (Blank).
18    (e) Except as provided in subsection (e-5), a person who
19violates this Section is guilty of a petty offense. Violations
20of this Section are punishable with a minimum fine of $150 for
21the first violation, and a minimum fine of $300 for the second
22or subsequent violation, and community service in an amount
23determined by the court.
24    (e-5) A person committing a violation of this Section is
25guilty of aggravated special speed limit while passing schools
26when he or she drives a motor vehicle at a speed that is:



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1        (1) 26 miles per hour or more but less than 35 miles
2    per hour in excess of the applicable special speed limit
3    established under this Section or a similar provision of a
4    local ordinance and is guilty of a Class B misdemeanor; or
5        (2) 35 miles per hour or more in excess of the
6    applicable special speed limit established under this
7    Section or a similar provision of a local ordinance and is
8    guilty of a Class A misdemeanor.
9    (f) (Blank).
10    (g) (Blank).
11    (h) (Blank).
12(Source: P.A. 102-58, eff. 7-9-21.)
13    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
14    Sec. 11-1414. Approaching, overtaking, and passing school
16    (a) The driver of a vehicle shall stop such vehicle before
17meeting or overtaking, from either direction, any school bus
18stopped on a highway, roadway, private road, parking lot,
19school property, or at any other location, including, without
20limitation, a location that is not a highway or roadway for the
21purpose of receiving or discharging pupils. Such stop is
22required before reaching the school bus when there is in
23operation on the school bus the visual signals as specified in
24Sections 12-803 and 12-805 of this Code. The driver of the
25vehicle shall not proceed until the school bus resumes motion



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1or the driver of the vehicle is signaled by the school bus
2driver to proceed or the visual signals are no longer
4    (b) The stop signal arm required by Section 12-803 of this
5Code shall be extended after the school bus has come to a
6complete stop for the purpose of loading or discharging pupils
7and shall be closed before the school bus is placed in motion
8again. The stop signal arm shall not be extended at any other
10    (c) The alternately flashing red signal lamps of an 8-lamp
11flashing signal system required by Section 12-805 of this Code
12shall be actuated after the school bus has come to a complete
13stop for the purpose of loading or discharging pupils and
14shall be turned off before the school bus is placed in motion
15again. The red signal lamps shall not be actuated at any other
16time except as provided in paragraph (d) of this Section.
17    (d) The alternately flashing amber signal lamps of an
188-lamp flashing signal system required by Section 12-805 of
19this Code shall be actuated continuously during not less than
20the last 100 feet traveled by the school bus before stopping
21for the purpose of loading or discharging pupils within an
22urban area and during not less than the last 200 feet traveled
23by the school bus outside an urban area. The amber signal lamps
24shall remain actuated until the school bus is stopped. The
25amber signal lamps shall not be actuated at any other time.
26    (d-5) The alternately flashing head lamps permitted by



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1Section 12-805 of this Code may be operated while the
2alternately flashing red or amber signal lamps required by
3that Section are actuated.
4    (e) The driver of a vehicle upon a highway having 4 or more
5lanes which permits at least 2 lanes of traffic to travel in
6opposite directions need not stop such vehicle upon meeting a
7school bus which is stopped in the opposing roadway; and need
8not stop such vehicle when driving upon a controlled access
9highway when passing a school bus traveling in either
10direction that is stopped in a loading zone adjacent to the
11surfaced or improved part of the controlled access highway
12where pedestrians are not permitted to cross.
13    (f) Beginning with the effective date of this amendatory
14Act of 1985, the Secretary of State shall suspend for a period
15of 3 months the driving privileges of any person convicted of a
16violation of subsection (a) of this Section or a similar
17provision of a local ordinance; the Secretary shall suspend
18for a period of one year the driving privileges of any person
19convicted of a second or subsequent violation of subsection
20(a) of this Section or a similar provision of a local ordinance
21if the second or subsequent violation occurs within 5 years of
22a prior conviction for the same offense. In addition to the
23suspensions authorized by this Section, any person convicted
24of violating this Section or a similar provision of a local
25ordinance shall be subject to a mandatory fine of $300 or, upon
26a second or subsequent violation, $1,000, and community



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1service in an amount set by the court. The Secretary may also
2grant, for the duration of any suspension issued under this
3subsection, a restricted driving permit granting the privilege
4of driving a motor vehicle between the driver's residence and
5place of employment or within other proper limits that the
6Secretary of State shall find necessary to avoid any undue
7hardship. A restricted driving permit issued hereunder shall
8be subject to cancellation, revocation and suspension by the
9Secretary of State in like manner and for like cause as a
10driver's license may be cancelled, revoked or suspended;
11except that a conviction upon one or more offenses against
12laws or ordinances regulating the movement of traffic shall be
13deemed sufficient cause for the revocation, suspension or
14cancellation of the restricted driving permit. The Secretary
15of State may, as a condition to the issuance of a restricted
16driving permit, require the applicant to participate in a
17designated driver remedial or rehabilitative program. Any
18conviction for a violation of this subsection shall be
19included as an offense for the purposes of determining
20suspension action under any other provision of this Code,
21provided however, that the penalties provided under this
22subsection shall be imposed unless those penalties imposed
23under other applicable provisions are greater.
24    The owner of any vehicle alleged to have violated
25paragraph (a) of this Section shall, upon appropriate demand
26by the State's Attorney or other designated person acting in



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1response to a signed complaint, provide a written statement or
2deposition identifying the operator of the vehicle if such
3operator was not the owner at the time of the alleged
4violation. Failure to supply such information shall result in
5the suspension of the vehicle registration of the vehicle for
6a period of 3 months. In the event the owner has assigned
7control for the use of the vehicle to another, the person to
8whom control was assigned shall comply with the provisions of
9this paragraph and be subject to the same penalties as herein
11(Source: P.A. 101-55, eff. 1-1-20.)