Full Text of HB4848 103rd General Assembly
HB4848 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4848 Introduced 2/7/2024, by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/15-109.1 | from Ch. 95 1/2, par. 15-109.1 | 705 ILCS 135/15-70 | |
| Amends the Illinois Vehicle Code. Provides that no person shall operate a second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material on any highway, unless a cover or tarpaulin of sufficient size is attached so as to prevent any load, residue, or other material from escaping. Allows a vehicle owner to be found in violation of the provisions. Provides that any violation of the provisions shall be a petty offense and the owner or operator of the vehicle in violation shall be subject to mandatory minimum fine of $150 (rather than a fine not to exceed $250). Amends the Criminal and Traffic Assessment Act. In provisions concerning conditional assessments, provides for distribution of a conditional assessment for a violation of the provisions requiring covers or tarpaulins for certain loads. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 15-109.1 as follows: | 6 | | (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1) | 7 | | Sec. 15-109.1. Covers or tarpaulins required for certain | 8 | | loads. | 9 | | (a) No person shall operate or cause to be operated, on a | 10 | | highway, any second division vehicle loaded with dirt, | 11 | | aggregate, garbage, refuse, or other similar material, when | 12 | | any portion of the load is falling, sifting, blowing, dropping | 13 | | or in any way escaping from the vehicle. | 14 | | (b) No person shall operate or cause to be operated, on a | 15 | | highway, any second division vehicle having a gross vehicle | 16 | | weight rating of 8,000 pounds or more loaded with dirt, | 17 | | aggregate, garbage, refuse, or other similar material in or on | 18 | | any part of the vehicle other than in the cargo area. In | 19 | | addition, no person shall operate on any highway, such vehicle | 20 | | unless the tailgate on the vehicle is in good working repair | 21 | | and operating condition and closes securely , with a cover or | 22 | | tarpaulin of sufficient size attached, so as to prevent any | 23 | | load, residue, or other material from escaping. |
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| 1 | | (c) This Section shall not apply to the operation of | 2 | | highway maintenance vehicles engaged in removing snow and ice | 3 | | from the roadway, nor to implements of husbandry or other farm | 4 | | vehicles while transporting agricultural products to or from | 5 | | the original place of production. | 6 | | (d) For the purpose of this Section "aggregate" shall | 7 | | include all ores, minerals, sand, gravel, shale, coal, clay, | 8 | | limestone or any other ore or mineral which may be mined. | 9 | | (e) Notwithstanding any other penalty, whenever a police | 10 | | officer determines that the owner or operator of a vehicle is | 11 | | in violation of this Section, as evidenced by the issuance of a | 12 | | citation for a violation of Section 15-109.1 of this Code, or | 13 | | where a police officer determines that a dangerous condition | 14 | | exists whereby any portion of the load may fall, sift, blow, | 15 | | drop, or in any way escape or fall from the vehicle, the police | 16 | | officer shall require the operator to stop the vehicle in a | 17 | | suitable place and keep such vehicle stationary until the load | 18 | | has either been reduced, secured, or covered with a cover or | 19 | | tarpaulin of sufficient size to prevent any further violation | 20 | | of this Section. | 21 | | (f) Any violation of the provisions of this Section shall | 22 | | be a petty offense and the owner or operator of the vehicle in | 23 | | violation shall be subject to mandatory minimum fine of $150. | 24 | | punishable by a fine not to exceed $250. | 25 | | (Source: P.A. 91-858, eff. 1-1-01.) |
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| 1 | | Section 10. The Criminal and Traffic Assessment Act is | 2 | | amended by changing Section 15-70 as follows: | 3 | | (705 ILCS 135/15-70) | 4 | | Sec. 15-70. Conditional assessments. In addition to | 5 | | payments under one of the Schedule of Assessments 1 through 13 | 6 | | of this Act, the court shall also order payment of any of the | 7 | | following conditional assessment amounts for each sentenced | 8 | | violation in the case to which a conditional assessment is | 9 | | applicable, which shall be collected and remitted by the Clerk | 10 | | of the Circuit Court as provided in this Section: | 11 | | (1) arson, residential arson, or aggravated arson, | 12 | | $500 per conviction to the State Treasurer for deposit | 13 | | into the Fire Prevention Fund; | 14 | | (2) child pornography under Section 11-20.1 of the | 15 | | Criminal Code of 1961 or the Criminal Code of 2012, $500 | 16 | | per conviction, unless more than one agency is responsible | 17 | | for the arrest in which case the amount shall be remitted | 18 | | to each unit of government equally: | 19 | | (A) if the arresting agency is an agency of a unit | 20 | | of local government, $500 to the treasurer of the unit | 21 | | of local government for deposit into the unit of local | 22 | | government's General Fund, except that if the Illinois | 23 | | State Police provides digital or electronic forensic | 24 | | examination assistance, or both, to the arresting | 25 | | agency then $100 to the State Treasurer for deposit |
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| 1 | | into the State Crime Laboratory Fund; or | 2 | | (B) if the arresting agency is the Illinois State | 3 | | Police, $500 to the State Treasurer for deposit into | 4 | | the State Crime Laboratory Fund; | 5 | | (3) crime laboratory drug analysis for a drug-related | 6 | | offense involving possession or delivery of cannabis or | 7 | | possession or delivery of a controlled substance as | 8 | | defined in the Cannabis Control Act, the Illinois | 9 | | Controlled Substances Act, or the Methamphetamine Control | 10 | | and Community Protection Act, $100 reimbursement for | 11 | | laboratory analysis, as set forth in subsection (f) of | 12 | | Section 5-9-1.4 of the Unified Code of Corrections; | 13 | | (4) DNA analysis, $250 on each conviction in which it | 14 | | was used to the State Treasurer for deposit into the State | 15 | | Crime Laboratory Fund as set forth in Section 5-9-1.4 of | 16 | | the Unified Code of Corrections; | 17 | | (5) DUI analysis, $150 on each sentenced violation in | 18 | | which it was used as set forth in subsection (f) of Section | 19 | | 5-9-1.9 of the Unified Code of Corrections; | 20 | | (6) drug-related offense involving possession or | 21 | | delivery of cannabis or possession or delivery of a | 22 | | controlled substance, other than methamphetamine, as | 23 | | defined in the Cannabis Control Act or the Illinois | 24 | | Controlled Substances Act, an amount not less than the | 25 | | full street value of the cannabis or controlled substance | 26 | | seized for each conviction to be disbursed as follows: |
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| 1 | | (A) 12.5% of the street value assessment shall be | 2 | | paid into the Youth Drug Abuse Prevention Fund, to be | 3 | | used by the Department of Human Services for the | 4 | | funding of programs and services for drug-abuse | 5 | | treatment, and prevention and education services; | 6 | | (B) 37.5% to the county in which the charge was | 7 | | prosecuted, to be deposited into the county General | 8 | | Fund; | 9 | | (C) 50% to the treasurer of the arresting law | 10 | | enforcement agency of the municipality or county, or | 11 | | to the State Treasurer if the arresting agency was a | 12 | | state agency, to be deposited as provided in | 13 | | subsection (c) of Section 10-5; | 14 | | (D) if the arrest was made in combination with | 15 | | multiple law enforcement agencies, the clerk shall | 16 | | equitably allocate the portion in subparagraph (C) of | 17 | | this paragraph (6) among the law enforcement agencies | 18 | | involved in the arrest; | 19 | | (6.5) Kane County or Will County, in felony, | 20 | | misdemeanor, local or county ordinance, traffic, or | 21 | | conservation cases, up to $30 as set by the county board | 22 | | under Section 5-1101.3 of the Counties Code upon the entry | 23 | | of a judgment of conviction, an order of supervision, or a | 24 | | sentence of probation without entry of judgment under | 25 | | Section 10 of the Cannabis Control Act, Section 410 of the | 26 | | Illinois Controlled Substances Act, Section 70 of the |
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| 1 | | Methamphetamine Control and Community Protection Act, | 2 | | Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of | 3 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 4 | | Section 10-102 of the Illinois Alcoholism and Other Drug | 5 | | Dependency Act, or Section 10 of the Steroid Control Act; | 6 | | except in local or county ordinance, traffic, and | 7 | | conservation cases, if fines are paid in full without a | 8 | | court appearance, then the assessment shall not be imposed | 9 | | or collected. Distribution of assessments collected under | 10 | | this paragraph (6.5) shall be as provided in Section | 11 | | 5-1101.3 of the Counties Code; | 12 | | (7) methamphetamine-related offense involving | 13 | | possession or delivery of methamphetamine or any salt of | 14 | | an optical isomer of methamphetamine or possession of a | 15 | | methamphetamine manufacturing material as set forth in | 16 | | Section 10 of the Methamphetamine Control and Community | 17 | | Protection Act with the intent to manufacture a substance | 18 | | containing methamphetamine or salt of an optical isomer of | 19 | | methamphetamine, an amount not less than the full street | 20 | | value of the methamphetamine or salt of an optical isomer | 21 | | of methamphetamine or methamphetamine manufacturing | 22 | | materials seized for each conviction to be disbursed as | 23 | | follows: | 24 | | (A) 12.5% of the street value assessment shall be | 25 | | paid into the Youth Drug Abuse Prevention Fund, to be | 26 | | used by the Department of Human Services for the |
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| 1 | | funding of programs and services for drug-abuse | 2 | | treatment, and prevention and education services; | 3 | | (B) 37.5% to the county in which the charge was | 4 | | prosecuted, to be deposited into the county General | 5 | | Fund; | 6 | | (C) 50% to the treasurer of the arresting law | 7 | | enforcement agency of the municipality or county, or | 8 | | to the State Treasurer if the arresting agency was a | 9 | | state agency, to be deposited as provided in | 10 | | subsection (c) of Section 10-5; | 11 | | (D) if the arrest was made in combination with | 12 | | multiple law enforcement agencies, the clerk shall | 13 | | equitably allocate the portion in subparagraph (C) of | 14 | | this paragraph (6) among the law enforcement agencies | 15 | | involved in the arrest; | 16 | | (8) order of protection violation under Section 12-3.4 | 17 | | of the Criminal Code of 2012, $200 for each conviction to | 18 | | the county treasurer for deposit into the Probation and | 19 | | Court Services Fund for implementation of a domestic | 20 | | violence surveillance program and any other assessments or | 21 | | fees imposed under Section 5-9-1.16 of the Unified Code of | 22 | | Corrections; | 23 | | (9) order of protection violation, $25 for each | 24 | | violation to the State Treasurer, for deposit into the | 25 | | Domestic Violence Abuser Services Fund; | 26 | | (10) prosecution by the State's Attorney of a: |
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| 1 | | (A) petty or business offense, $4 to the county | 2 | | treasurer of which $2 deposited into the State's | 3 | | Attorney Records Automation Fund and $2 into the | 4 | | Public Defender Records Automation Fund; | 5 | | (B) conservation or traffic offense, $2 to the | 6 | | county treasurer for deposit into the State's Attorney | 7 | | Records Automation Fund; | 8 | | (11) speeding in a construction zone violation, $250 | 9 | | to the State Treasurer for deposit into the Transportation | 10 | | Safety Highway Hire-back Fund, unless (i) the violation | 11 | | occurred on a highway other than an interstate highway and | 12 | | (ii) a county police officer wrote the ticket for the | 13 | | violation, in which case to the county treasurer for | 14 | | deposit into that county's Transportation Safety Highway | 15 | | Hire-back Fund; | 16 | | (12) supervision disposition on an offense under the | 17 | | Illinois Vehicle Code or similar provision of a local | 18 | | ordinance, 50 cents, unless waived by the court, into the | 19 | | Prisoner Review Board Vehicle and Equipment Fund; | 20 | | (13) victim and offender are family or household | 21 | | members as defined in Section 103 of the Illinois Domestic | 22 | | Violence Act of 1986 and offender pleads guilty or no | 23 | | contest to or is convicted of murder, voluntary | 24 | | manslaughter, involuntary manslaughter, burglary, | 25 | | residential burglary, criminal trespass to residence, | 26 | | criminal trespass to vehicle, criminal trespass to land, |
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| 1 | | criminal damage to property, telephone harassment, | 2 | | kidnapping, aggravated kidnaping, unlawful restraint, | 3 | | forcible detention, child abduction, indecent solicitation | 4 | | of a child, sexual relations between siblings, | 5 | | exploitation of a child, child pornography, assault, | 6 | | aggravated assault, battery, aggravated battery, heinous | 7 | | battery, aggravated battery of a child, domestic battery, | 8 | | reckless conduct, intimidation, criminal sexual assault, | 9 | | predatory criminal sexual assault of a child, aggravated | 10 | | criminal sexual assault, criminal sexual abuse, aggravated | 11 | | criminal sexual abuse, violation of an order of | 12 | | protection, disorderly conduct, endangering the life or | 13 | | health of a child, child abandonment, contributing to | 14 | | dependency or neglect of child, or cruelty to children and | 15 | | others, $200 for each sentenced violation to the State | 16 | | Treasurer for deposit as follows: (i) for sexual assault, | 17 | | as defined in Section 5-9-1.7 of the Unified Code of | 18 | | Corrections, when the offender and victim are family | 19 | | members, one-half to the Domestic Violence Shelter and | 20 | | Service Fund, and one-half to the Sexual Assault Services | 21 | | Fund; (ii) for the remaining offenses to the Domestic | 22 | | Violence Shelter and Service Fund; | 23 | | (14) violation of Section 11-501 of the Illinois | 24 | | Vehicle Code, Section 5-7 of the Snowmobile Registration | 25 | | and Safety Act, Section 5-16 of the Boat Registration and | 26 | | Safety Act, or a similar provision, whose operation of a |
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| 1 | | motor vehicle, snowmobile, or watercraft while in | 2 | | violation of Section 11-501, Section 5-7 of the Snowmobile | 3 | | Registration and Safety Act, Section 5-16 of the Boat | 4 | | Registration and Safety Act, or a similar provision | 5 | | proximately caused an incident resulting in an appropriate | 6 | | emergency response, $1,000 maximum to the public agency | 7 | | that provided an emergency response related to the | 8 | | person's violation, or as provided in subsection (c) of | 9 | | Section 10-5 if the arresting agency was a State agency, | 10 | | unless more than one agency was responsible for the | 11 | | arrest, in which case the amount shall be remitted to each | 12 | | unit of government equally; | 13 | | (15) violation of Section 401, 407, or 407.2 of the | 14 | | Illinois Controlled Substances Act that proximately caused | 15 | | any incident resulting in an appropriate drug-related | 16 | | emergency response, $1,000 as reimbursement for the | 17 | | emergency response to the law enforcement agency that made | 18 | | the arrest, or as provided in subsection (c) of Section | 19 | | 10-5 if the arresting agency was a State agency, unless | 20 | | more than one agency was responsible for the arrest, in | 21 | | which case the amount shall be remitted to each unit of | 22 | | government equally; | 23 | | (16) violation of reckless driving, aggravated | 24 | | reckless driving, or driving 26 miles per hour or more in | 25 | | excess of the speed limit that triggered an emergency | 26 | | response, $1,000 maximum reimbursement for the emergency |
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| 1 | | response to be distributed in its entirety to a public | 2 | | agency that provided an emergency response related to the | 3 | | person's violation, or as provided in subsection (c) of | 4 | | Section 10-5 if the arresting agency was a State agency, | 5 | | unless more than one agency was responsible for the | 6 | | arrest, in which case the amount shall be remitted to each | 7 | | unit of government equally; | 8 | | (17) violation based upon each plea of guilty, | 9 | | stipulation of facts, or finding of guilt resulting in a | 10 | | judgment of conviction or order of supervision for an | 11 | | offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of | 12 | | the Criminal Code of 2012 that results in the imposition | 13 | | of a fine, to be distributed as follows: | 14 | | (A) $50 to the county treasurer for deposit into | 15 | | the Circuit Court Clerk Operation and Administrative | 16 | | Fund to cover the costs in administering this | 17 | | paragraph (17); | 18 | | (B) $300 to the State Treasurer who shall deposit | 19 | | the portion as follows: | 20 | | (i) if the arresting or investigating agency | 21 | | is the Illinois State Police, into the State | 22 | | Police Law Enforcement Administration Fund; | 23 | | (ii) if the arresting or investigating agency | 24 | | is the Department of Natural Resources, into the | 25 | | Conservation Police Operations Assistance Fund; | 26 | | (iii) if the arresting or investigating agency |
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| 1 | | is the Secretary of State, into the Secretary of | 2 | | State Police Services Fund; | 3 | | (iv) if the arresting or investigating agency | 4 | | is the Illinois Commerce Commission, into the | 5 | | Transportation Regulatory Fund; or | 6 | | (v) if more than one of the State agencies in | 7 | | this subparagraph (B) is the arresting or | 8 | | investigating agency, then equal shares with the | 9 | | shares deposited as provided in the applicable | 10 | | items (i) through (iv) of this subparagraph (B); | 11 | | and | 12 | | (C) the remainder for deposit into the Specialized | 13 | | Services for Survivors of Human Trafficking Fund; | 14 | | (18) weapons violation under Section 24-1.1, 24-1.2, | 15 | | or 24-1.5 of the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012, $100 for each conviction to the State Treasurer | 17 | | for deposit into the Trauma Center Fund; and | 18 | | (19) violation of subsection (c) of Section 11-907 of | 19 | | the Illinois Vehicle Code, $250 to the State Treasurer for | 20 | | deposit into the Scott's Law Fund, unless a county or | 21 | | municipal police officer wrote the ticket for the | 22 | | violation, in which case to the county treasurer for | 23 | | deposit into that county's or municipality's | 24 | | Transportation Safety Highway Hire-back Fund to be used as | 25 | | provided in subsection (j) of Section 11-907 of the | 26 | | Illinois Vehicle Code. |
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| 1 | | (20) violation of Section 15-109.1 of the Illinois | 2 | | Vehicle Code, $300 to be distributed as follows: | 3 | | (A) $150 to the county treasurer for deposit into | 4 | | the county General Fund; and | 5 | | (B) $150 to the treasurer of the arresting law | 6 | | enforcement agency of the municipality or county, or | 7 | | to the State Treasurer if the arresting agency was a | 8 | | State agency, to be deposited as provided in | 9 | | subsection (c) of Section 10-5. | 10 | | Except for traffic violations, fines and assessments, such | 11 | | as fees or administrative costs authorized in this Section, | 12 | | shall not be ordered or imposed on a minor subject to Article | 13 | | III, IV, or V of the Juvenile Court Act of 1987, or a minor | 14 | | under the age of 18 transferred to adult court or excluded from | 15 | | juvenile court jurisdiction under Article V of the Juvenile | 16 | | Court Act of 1987, or the minor's parent, guardian, or legal | 17 | | custodian. | 18 | | (Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; | 19 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff. | 20 | | 7-28-23.) |
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