Full Text of HB0896 95th General Assembly
HB0896 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0896
Introduced 2/7/2007, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/11-1425 |
from Ch. 95 1/2, par. 11-1425 |
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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.
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A BILL FOR
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HB0896 |
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LRB095 08186 DRH 28352 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-1425 as follows:
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| (625 ILCS 5/11-1425) (from Ch. 95 1/2, par. 11-1425)
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| Sec. 11-1425. Stop when traffic obstructed.
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| (a) No driver shall enter an
intersection or a marked | 9 |
| crosswalk or drive onto any railroad grade
crossing unless | 10 |
| there is sufficient space on the other side of the
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| intersection, crosswalk or railroad grade crossing to | 12 |
| accommodate the
vehicle he is operating without obstructing the | 13 |
| passage of other
vehicles, pedestrians or railroad trains | 14 |
| notwithstanding any
traffic-control signal indication to | 15 |
| proceed.
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| (b) No driver shall enter a highway rail grade crossing | 17 |
| unless there is
sufficient space on
the other side of the | 18 |
| highway rail grade crossing to accommodate the vehicle
being
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| operated without obstructing the passage of a train or other | 20 |
| railroad equipment
using the
rails, notwithstanding any | 21 |
| traffic-control signal indication to proceed. Any
person found
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| in violation of subsection (b) shall be subject to a mandatory | 23 |
| fine of $500 or
50 hours of
community service.
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HB0896 |
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LRB095 08186 DRH 28352 b |
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| (c) (Blank).
Local authorities shall impose fines as | 2 |
| established in subsection (b)
for persons found
in violation of | 3 |
| this Section or any similar local ordinance.
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| (d) Beginning with the effective date of this amendatory | 5 |
| Act of the 95th General Assembly,
the Secretary of State shall | 6 |
| suspend for a period of one month
the driving
privileges of any | 7 |
| person convicted of a violation of this
Section or a similar | 8 |
| provision of a local ordinance; the Secretary shall
suspend for | 9 |
| a period of 3 months the driving privileges of any person | 10 |
| convicted
of a second or subsequent violation of this Section | 11 |
| or a
similar provision of a local ordinance if the second or | 12 |
| subsequent violation
occurs within 5 years of a prior | 13 |
| conviction for the same offense. In addition
to the suspensions | 14 |
| authorized by this Section, any person convicted of
violating | 15 |
| this Section or a similar provision of a local ordinance
shall | 16 |
| be subject to a mandatory fine of $500 or 50 hours of community | 17 |
| service. Any person given a disposition of court supervision | 18 |
| for violating this Section or a similar provision of a local | 19 |
| ordinance shall also be subject to a mandatory fine of $500 or | 20 |
| 50 hours of community service. Upon a second or subsequent
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| violation, in addition to the suspensions authorized by this | 22 |
| Section, the person shall be subject to a mandatory fine of | 23 |
| $500 and 50 hours community service.
The Secretary may also | 24 |
| grant, for the duration of any
suspension issued under this | 25 |
| subsection, a restricted driving permit
granting the privilege | 26 |
| of driving a motor vehicle between the driver's
residence and |
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HB0896 |
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LRB095 08186 DRH 28352 b |
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| place of employment or within other proper limits that the
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| Secretary of State shall find necessary to avoid any undue | 3 |
| hardship. A
restricted driving permit issued hereunder shall be | 4 |
| subject to
cancellation, revocation and suspension by the | 5 |
| Secretary of State in like
manner and for like cause as a | 6 |
| driver's license may be cancelled, revoked
or suspended; except | 7 |
| that a conviction upon one or more offenses against
laws or | 8 |
| ordinances regulating the movement of traffic shall be deemed
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| sufficient cause for the revocation, suspension or | 10 |
| cancellation of the
restricted driving permit. The Secretary of | 11 |
| State may, as a condition to
the issuance of a restricted | 12 |
| driving permit, require the applicant to
participate in a | 13 |
| designated driver remedial or rehabilitative program. Any
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| conviction for a violation of this subsection shall be included | 15 |
| as an
offense for the purposes of determining suspension action | 16 |
| under any other
provision of this Code, provided however, that | 17 |
| the penalties provided under
this subsection shall be imposed | 18 |
| unless those penalties imposed under other
applicable | 19 |
| provisions are greater.
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| The owner of any vehicle alleged to have violated this
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| Section shall, upon appropriate demand by the State's Attorney | 22 |
| or other
authorized prosecutor acting in response to a signed | 23 |
| complaint, provide
a written statement or deposition | 24 |
| identifying the operator of the vehicle
if such operator was | 25 |
| not the owner at the time of the alleged violation.
Failure to | 26 |
| supply such information shall be construed to be the same as
a |
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HB0896 |
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LRB095 08186 DRH 28352 b |
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| violation of this Section and shall be subject to the same | 2 |
| penalties
herein provided. In the event the owner has assigned | 3 |
| control for the use
of the vehicle to another, the person to | 4 |
| whom control was assigned shall
comply with the provisions of | 5 |
| this paragraph and be subject to the same
penalties as herein | 6 |
| provided.
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| (Source: P.A. 91-532, eff. 1-1-00.)
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