Illinois General Assembly - Full Text of HB5328
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Full Text of HB5328  102nd General Assembly

HB5328sam001 102ND GENERAL ASSEMBLY

Sen. Emil Jones, III

Filed: 3/30/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5328

2    AMENDMENT NO. ______. Amend House Bill 5328 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-605 and 11-605.3 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

 

 

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1drive a motor vehicle at a speed in excess of 20 miles per hour
2while passing a school zone or while traveling on a local,
3county, or State roadway on public school property or upon any
4public thoroughfare where children pass going to and from
5school.
6    For the purpose of this Section, a school day begins at
76:30 a.m. and concludes at 4 p.m.
8    This Section shall not be applicable unless appropriate
9signs are posted upon streets and highways under their
10respective jurisdiction and maintained by the Department,
11township, county, park district, city, village or incorporated
12town wherein the school zone is located. With regard to the
13special speed limit while passing schools, such signs shall
14give proper due warning that a school zone is being approached
15and shall indicate the school zone and the maximum speed limit
16in effect during school days when school children are present.
17    (b) (Blank).
18    (c) Nothing in this Chapter shall prohibit the use of
19electronic speed-detecting devices within 500 feet of signs
20within a special school speed zone indicating such zone, as
21defined in this Section, nor shall evidence obtained thereby
22be inadmissible in any prosecution for speeding provided the
23use of such device shall apply only to the enforcement of the
24speed limit in such special school speed zone.
25    (d) (Blank).
26    (e) Except as provided in subsection (e-5), a person who

 

 

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1violates this Section is guilty of a petty offense. Violations
2of this Section are punishable with a minimum fine of $150 for
3the first violation and a minimum fine of $300 for the second
4or subsequent violation.
5    (e-5) A person committing a violation of this Section is
6guilty of aggravated special speed limit while passing schools
7when he or she drives a motor vehicle at a speed that is:
8        (1) 26 miles per hour or more but less than 35 miles
9    per hour in excess of the applicable special speed limit
10    established under this Section or a similar provision of a
11    local ordinance and is guilty of a Class B misdemeanor; or
12        (2) 35 miles per hour or more in excess of the
13    applicable special speed limit established under this
14    Section or a similar provision of a local ordinance and is
15    guilty of a Class A misdemeanor.
16    (f) (Blank).
17    (g) (Blank).
18    (h) (Blank).
19(Source: P.A. 102-58, eff. 7-9-21.)
 
20    (625 ILCS 5/11-605.3)
21    Sec. 11-605.3. Special traffic protections while passing
22parks and recreation facilities and areas.
23    (a) As used in this Section:
24        (1) "Park district" means the following entities:
25            (A) any park district organized under the Park

 

 

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1        District Code;
2            (B) any park district organized under the Chicago
3        Park District Act; and
4            (C) any municipality, county, forest district,
5        school district, township, or other unit of local
6        government that operates a public recreation
7        department or public recreation facilities that has
8        recreation facilities that are not on land owned by
9        any park district listed in subparagraphs (A) and (B)
10        of this subdivision (a)(1).
11        (2) "Park zone" means the recreation facilities and
12    areas on any land owned or operated by a park district that
13    are used for recreational purposes, including but not
14    limited to: parks; playgrounds; swimming pools; hiking
15    trails; bicycle paths; picnic areas; roads and streets;
16    and parking lots.
17        (3) "Park zone street" means that portion of any State
18    or local street or intersection under the control of a
19    local unit of government, adjacent to a park zone, where
20    the local unit of government has, by ordinance or
21    resolution, designated and approved the street or
22    intersection as a park zone street. If, before the
23    effective date of this amendatory Act of the 94th General
24    Assembly, a street already had a posted speed limit lower
25    than 20 miles per hour, then the lower limit may be used
26    for that park zone street.

 

 

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1        (4) "Safety purposes" means the costs associated with:
2    park zone safety education; the purchase, installation,
3    and maintenance of signs, roadway painting, and caution
4    lights mounted on park zone signs; and any other expense
5    associated with park zones and park zone streets.
6    (b) On any day when children are present and within 50 feet
7of motorized traffic, a person may not drive a motor vehicle at
8a speed in excess of 20 miles per hour or any lower posted
9speed while traveling on a park zone street that has been
10designated for the posted reduced speed.
11    (c) On any day when children are present and within 50 feet
12of motorized traffic, any driver traveling on a park zone
13street who fails to come to a complete stop at a stop sign or
14red light, including a driver who fails to come to a complete
15stop at a red light before turning right onto a park zone
16street, is in violation of this Section.
17    (d) This Section does not apply unless appropriate signs
18are posted upon park zone streets maintained by the Department
19or by the unit of local government in which the park zone is
20located. With regard to the special speed limit on park zone
21streets, the signs must give proper due warning that a park
22zone is being approached and must indicate the maximum speed
23limit on the park zone street.
24    (e) A first violation of this Section is a petty offense
25with a minimum fine of $250. A second or subsequent violation
26of this Section is a petty offense with a minimum fine of $500.

 

 

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1    (f) (Blank).
2    (g) The Department shall, within 6 months of the effective
3date of this amendatory Act of the 94th General Assembly,
4design a set of standardized traffic signs for park zones and
5park zone streets, including but not limited to: "park zone",
6"park zone speed limit", and "warning: approaching a park
7zone". The design of these signs shall be made available to all
8units of local government or manufacturers at no charge,
9except for reproduction and postage.
10(Source: P.A. 100-987, eff. 7-1-19.)".