Illinois General Assembly - Full Text of HB0365
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Full Text of HB0365  102nd General Assembly

HB0365ham001 102ND GENERAL ASSEMBLY

Rep. Nicholas K. Smith

Filed: 3/9/2021

 

 


 

 


 
10200HB0365ham001LRB102 10016 RAM 23150 a

1
AMENDMENT TO HOUSE BILL 365

2    AMENDMENT NO. ______. Amend House Bill 365 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Roadside Memorial Act is amended by
5changing Sections 5, 20, and 23.1 as follows:
 
6    (605 ILCS 125/5)
7    Sec. 5. Purpose of the Roadside Memorial program. The
8Roadside Memorial program is intended to raise public
9awareness of traffic fatalities impaired driving by
10emphasizing the dangers while affording families an
11opportunity to remember the victims of traffic crashes
12involving impaired drivers.
13(Source: P.A. 95-398, eff. 1-1-08.)
 
14    (605 ILCS 125/20)
15    Sec. 20. DUI memorial markers.

 

 

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1    (a) A DUI memorial marker erected before July 1, 2021
2shall consist of a white on blue panel bearing the message
3"Please Don't Drink and Drive". A DUI memorial marker erected
4on or after July 1, 2021 shall consist of a white on blue panel
5bearing the message "Don't Drive Under the Influence". At the
6request of the qualified relative, a separate panel bearing
7the words "In Memory of (victim's name)", followed by the date
8of the crash that was the proximate cause of the loss of the
9victim's life, shall be mounted below the primary panel. This
10amendatory Act of the 102nd General Assembly does not require
11the removal or replacement of any memorial markers erected
12before July 1, 2021.
13    (b) A DUI memorial marker may memorialize more than one
14victim who died as a result of the same DUI-related crash. If
15one or more additional DUI crash deaths subsequently occur in
16close proximity to an existing DUI memorial marker, the
17supporting jurisdiction may use the same marker to memorialize
18the subsequent death or deaths, by adding the names of the
19additional persons.
20    (c) A DUI memorial marker shall be maintained for at least
212 years from the date the last person was memorialized on the
22marker.
23    (d) The supporting jurisdiction has the right to install a
24marker at a location other than the location of the crash or to
25relocate a marker due to restricted room, property owner
26complaints, interference with essential traffic control

 

 

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1devices, safety concerns, or other restrictions. In such
2cases, the sponsoring jurisdiction may select an alternate
3location.
4    (e) The Department shall secure the consent of any
5municipality before placing a DUI memorial marker within the
6corporate limits of the municipality.
7    (f) A fee in an amount to be determined by the supporting
8jurisdiction may be paid in whole or in part from the Roadside
9Memorial Fund if moneys are made available by the Department
10of Transportation from that Fund or may be charged to the
11qualified relative to the extent moneys from that Fund are not
12made available. The fee shall not exceed the costs associated
13with the fabrication, installation, and maintenance of the DUI
14memorial marker.
15(Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.)
 
16    (605 ILCS 125/23.1)
17    Sec. 23.1. Fatal accident memorial marker program.
18    (a) The fatal accident memorial marker program is intended
19to raise public awareness of traffic fatalities caused by
20reckless driving or other means by emphasizing the dangers
21while affording families an opportunity to remember the
22victims of traffic crashes involving reckless drivers.
23    (b) As used in this Section, "fatal accident memorial
24marker" means a marker on a highway in this State
25commemorating one or more persons who died as a proximate

 

 

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1result of a crash caused by a driver who committed an act of
2reckless homicide in violation of Section 9-3 or 9-3.2 of the
3Criminal Code of 1961 or the Criminal Code of 2012 or who
4otherwise caused the death of one or more persons through the
5operation of a motor vehicle.
6    (c) For purposes of the fatal accident memorial marker
7program in this Section, the provisions of Section 15 of this
8Act applicable to DUI memorial markers shall apply the same to
9fatal accident memorial markers.
10    (d) A fatal accident memorial marker shall consist of a
11white on blue panel bearing the message "Reckless Driving
12Costs Lives" if the victim or victims died as a proximate
13result of a crash caused by a driver who committed an act of
14reckless homicide in violation of Section 9-3 or 9-3.2 of the
15Criminal Code of 1961 or the Criminal Code of 2012. Otherwise,
16a fatal accident memorial marker shall consist of a white on
17blue panel bearing the message "Drive With Care". At the
18request of the qualified relative, a separate panel bearing
19the words "In Memory of (victim's name)", followed by the date
20of the crash that was the proximate cause of the loss of the
21victim's life, shall be mounted below the primary panel.
22    (e) A fatal accident memorial marker may memorialize more
23than one victim who died as a result of the same crash. If one
24or more additional deaths subsequently occur in close
25proximity to an existing fatal accident memorial marker, the
26supporting jurisdiction may use the same marker to memorialize

 

 

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1the subsequent death or deaths, by adding the names of the
2additional persons.
3    (f) A fatal accident memorial marker shall be maintained
4for at least 2 years from the date the last person was
5memorialized on the marker.
6    (g) The supporting jurisdiction has the right to install a
7marker at a location other than the location of the crash or to
8relocate a marker due to restricted room, property owner
9complaints, interference with essential traffic control
10devices, safety concerns, or other restrictions. In these
11cases, the sponsoring jurisdiction may select an alternate
12location.
13    (h) The Department shall secure the consent of any
14municipality before placing a fatal accident memorial marker
15within the corporate limits of the municipality.
16    (i) A fee in an amount to be determined by the supporting
17jurisdiction shall be charged to the qualified relative. The
18fee shall not exceed the costs associated with the
19fabrication, installation, and maintenance of the fatal
20accident memorial marker.
21    (j) The provisions of this Section shall apply to any
22fatal accident marker constructed on or after January 1, 2013.
23(Source: P.A. 98-334, eff. 8-13-13.)
 
24    Section 10. The DUI Prevention and Education Commission
25Act is amended by changing Section 20 as follows:
 

 

 

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1    (625 ILCS 70/20)
2    Sec. 20. DUI Prevention and Education Fund; transfer of
3funds.
4    (a) The DUI Prevention and Education Fund is created as a
5special fund in the State treasury. Subject to appropriation,
6all moneys in the DUI Prevention and Education Fund shall be
7distributed by the Department of Transportation with guidance
8from the DUI Prevention and Education Commission as grants for
9crash victim programs and materials, impaired driving
10prevention programs, law enforcement support, and other
11DUI-related programs.
12    (b) As soon as practical after the effective date of this
13Act, the State Comptroller shall direct and the State
14Treasurer shall transfer any remaining balance in excess of
15$30,000 from the Roadside Memorial Fund to the DUI Prevention
16and Education Fund. Starting in 2021 and continuing every year
17after, the cash balance in the Roadside Memorial Fund on June
1830 shall be transferred to the DUI Prevention and Education
19Fund as soon as practical.
20(Source: P.A. 101-196, eff. 1-1-20.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".