Full Text of SB3793 102nd General Assembly
SB3793enr 102ND GENERAL ASSEMBLY |
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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 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 | 9 | | following
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 | 15 | | close
thereto
that a potential hazard exists because of the | 16 | | close proximity of the motorized
traffic, no person shall | 17 | | drive a motor vehicle at a speed in excess of 20 miles
per hour | 18 | | while passing a school zone or while traveling on a roadway on | 19 | | public
school property or upon any public
thoroughfare where | 20 | | children pass going
to and from school.
| 21 | | For the purpose of this Section, a school day begins at | 22 | | 6:30 a.m. and concludes at 4 p.m.
| 23 | | This Section shall not be applicable unless appropriate |
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| 1 | | signs are posted
upon streets and highways under their | 2 | | respective jurisdiction and
maintained by the Department, | 3 | | township, county, park district, city,
village or incorporated | 4 | | town wherein the school zone is located. With regard
to the | 5 | | special speed limit while passing schools, such signs
shall | 6 | | give proper due warning that a school zone is being approached | 7 | | and
shall indicate the school zone and the maximum speed limit | 8 | | in effect during
school days when school children are present.
| 9 | | (b) (Blank).
| 10 | | (c) Nothing in this Chapter shall
prohibit the use of | 11 | | electronic speed-detecting devices within 500 feet of
signs | 12 | | within a special school speed zone indicating such zone, as | 13 | | defined
in this Section, nor shall evidence obtained thereby | 14 | | be inadmissible in any
prosecution for speeding provided the | 15 | | use of such device shall apply only
to the enforcement of the | 16 | | speed limit in such special school speed zone.
| 17 | | (d) (Blank).
| 18 | | (e) Except as provided in subsection (e-5), a person who | 19 | | violates this Section is guilty of a petty
offense. Violations | 20 | | of this Section are punishable with a minimum fine
of $150 for | 21 | | the first violation , and a minimum fine of $300 for the second | 22 | | or subsequent violation , and community service in an amount | 23 | | determined by the court .
| 24 | | (e-5) A person committing a violation of this Section is | 25 | | guilty of aggravated special speed limit while passing schools | 26 | | when 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 | 15 | | bus.
| 16 | | (a) The driver of a vehicle shall stop such vehicle before | 17 | | meeting or
overtaking, from either direction, any school bus | 18 | | stopped on a highway, roadway, private road, parking lot, | 19 | | school property, or at any other location, including, without | 20 | | limitation, a location that is not a highway or roadway for
the | 21 | | purpose of receiving or discharging pupils. Such stop is | 22 | | required before
reaching the school bus when there is in | 23 | | operation on the school
bus the visual signals as specified in | 24 | | Sections 12-803 and 12-805 of this
Code. The driver of the | 25 | | vehicle shall not proceed until the
school bus resumes motion |
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| 1 | | or the driver of the vehicle is signaled by the
school bus | 2 | | driver to proceed or the visual signals are no longer | 3 | | actuated.
| 4 | | (b) The stop signal arm required by Section 12-803 of this | 5 | | Code shall
be extended after the school bus has come to a | 6 | | complete stop for the purpose of
loading or discharging pupils | 7 | | and shall be closed before the school bus
is placed in motion | 8 | | again. The stop signal arm shall
not be extended at any other | 9 | | time.
| 10 | | (c) The alternately flashing red signal lamps of an
8-lamp | 11 | | flashing signal system required by Section 12-805 of this Code
| 12 | | shall be actuated after the school bus has come to a complete | 13 | | stop for the
purpose of
loading or discharging pupils and | 14 | | shall be turned off before
the school bus is placed in motion | 15 | | again. The red signal
lamps shall not be actuated at any other | 16 | | time
except as provided in paragraph (d) of this Section.
| 17 | | (d) The alternately flashing amber signal lamps of an | 18 | | 8-lamp
flashing signal system required by Section 12-805 of | 19 | | this
Code shall be actuated continuously during not less than | 20 | | the last 100
feet traveled by the school bus before stopping | 21 | | for the purpose of loading
or discharging pupils within an | 22 | | urban area and during not less than
the last 200 feet traveled | 23 | | by the school
bus outside an urban area. The amber signal lamps | 24 | | shall remain actuated
until the school
bus is stopped. The | 25 | | amber signal lamps shall not be actuated at any other time.
| 26 | | (d-5) The alternately flashing head lamps permitted by |
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| 1 | | Section 12-805 of
this Code may be operated while the | 2 | | alternately flashing red or amber signal
lamps required by | 3 | | that Section are actuated.
| 4 | | (e) The driver of a vehicle upon a highway having 4 or more | 5 | | lanes which
permits at least 2 lanes of traffic to travel in | 6 | | opposite directions need not
stop such vehicle upon meeting a | 7 | | school bus which is stopped in the opposing
roadway; and need | 8 | | not stop such vehicle when driving upon a controlled access
| 9 | | highway when passing a school bus traveling in either | 10 | | direction that is stopped
in a loading zone
adjacent to the | 11 | | surfaced or improved part of the controlled access
highway | 12 | | where pedestrians are not permitted to cross.
| 13 | | (f) Beginning with the effective date of this amendatory | 14 | | Act of 1985,
the Secretary of State shall suspend for a period | 15 | | of 3 months
the driving
privileges of any person convicted of a | 16 | | violation of subsection (a) of this
Section or a similar | 17 | | provision of a local ordinance; the Secretary shall
suspend | 18 | | for a period of one year the driving privileges of any person | 19 | | convicted
of a second or subsequent violation of subsection | 20 | | (a) of this Section or a
similar provision of a local ordinance | 21 | | if the second or subsequent violation
occurs within 5 years of | 22 | | a prior conviction for the same offense. In addition
to the | 23 | | suspensions authorized by this Section, any person convicted | 24 | | of
violating this Section or a similar provision of a local | 25 | | ordinance
shall be subject to a mandatory fine of $300 or, upon | 26 | | a second or subsequent
violation, $1,000 , and community |
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| 1 | | service in an amount set by the court .
The Secretary may also | 2 | | grant, for the duration of any
suspension issued under this | 3 | | subsection, a restricted driving permit
granting the privilege | 4 | | of driving a motor vehicle between the driver's
residence and | 5 | | place of employment or within other proper limits that the
| 6 | | Secretary of State shall find necessary to avoid any undue | 7 | | hardship. A
restricted driving permit issued hereunder shall | 8 | | be subject to
cancellation, revocation and suspension by the | 9 | | Secretary of State in like
manner and for like cause as a | 10 | | driver's license may be cancelled, revoked
or suspended; | 11 | | except that a conviction upon one or more offenses against
| 12 | | laws or ordinances regulating the movement of traffic shall be | 13 | | deemed
sufficient cause for the revocation, suspension or | 14 | | cancellation of the
restricted driving permit. The Secretary | 15 | | of State may, as a condition to
the issuance of a restricted | 16 | | driving permit, require the applicant to
participate in a | 17 | | designated driver remedial or rehabilitative program. Any
| 18 | | conviction for a violation of this subsection shall be | 19 | | included as an
offense for the purposes of determining | 20 | | suspension action under any other
provision of this Code, | 21 | | provided however, that the penalties provided under
this | 22 | | subsection shall be imposed unless those penalties imposed | 23 | | under other
applicable provisions are greater.
| 24 | | The owner of any vehicle alleged to have violated | 25 | | paragraph (a) of this
Section shall, upon appropriate demand | 26 | | by the State's Attorney or other
designated person acting in |
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| 1 | | response to a signed complaint, provide
a written statement or | 2 | | deposition identifying the operator of the vehicle
if such | 3 | | operator was not the owner at the time of the alleged | 4 | | violation.
Failure to supply such information shall result in | 5 | | the suspension of the vehicle registration of the vehicle for | 6 | | a period of 3 months. In the event the owner has assigned | 7 | | control for the use
of the vehicle to another, the person to | 8 | | whom control was assigned shall
comply with the provisions of | 9 | | this paragraph and be subject to the same
penalties as herein | 10 | | provided.
| 11 | | (Source: P.A. 101-55, eff. 1-1-20 .)
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