Full Text of HB5863 97th General Assembly
HB5863 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5863 Introduced 2/16/2012, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-605.1 | | 625 ILCS 5/12-610.1 | | 625 ILCS 5/12-610.2 | |
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Amends the Illinois Vehicle Code. Provides that the special speed limit while traveling through a highway construction or maintenance speed zone applies only when workers are present in the construction or maintenance speed zone. Provides that the prohibition against use of a wireless
telephone in a construction or
maintenance speed zone applies only when workers are present. Exempts persons who are stopped on a highway in a construction or
maintenance speed zone due to traffic congestion from the prohibitions against using a wireless telephone or electronic communication device.
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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 changing | 5 | | Sections 11-605.1, 12-610.1, and 12-610.2 as follows: | 6 | | (625 ILCS 5/11-605.1) | 7 | | Sec. 11-605.1. Special limit while traveling through a | 8 | | highway construction or maintenance speed zone. | 9 | | (a) A person may not operate a motor vehicle in a | 10 | | construction or maintenance speed zone at a speed in excess of | 11 | | the posted speed limit.
| 12 | | (b) Nothing in this Chapter prohibits the use of electronic | 13 | | speed-detecting devices within 500 feet of signs within a | 14 | | construction or maintenance speed zone indicating the zone, as | 15 | | defined in this Section, nor shall evidence obtained by use of | 16 | | those devices be inadmissible in any prosecution for speeding, | 17 | | provided the use of the device shall apply only to the | 18 | | enforcement of the speed limit in the construction or | 19 | | maintenance speed zone.
| 20 | | (c) As used in this Section, a "construction or maintenance | 21 | | speed zone" is an area in which the Department, Toll Highway | 22 | | Authority, or local agency has determined that the preexisting | 23 | | established speed limit through a highway construction or |
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| 1 | | maintenance project is greater than is reasonable or safe with | 2 | | respect to the conditions expected to exist in the construction | 3 | | or maintenance speed zone and has posted a lower speed limit | 4 | | with a highway construction or maintenance speed zone special | 5 | | speed limit sign. | 6 | | Highway construction or maintenance speed zone special | 7 | | speed limit signs shall be of a design approved by the | 8 | | Department. The signs must give proper due warning that a | 9 | | construction or maintenance speed zone is being approached and | 10 | | must indicate the maximum speed limit in effect. The signs also | 11 | | must state the amount of the minimum fine for a violation.
| 12 | | (d) A first violation of this Section is a petty offense | 13 | | with a minimum fine of $250. A second or subsequent violation | 14 | | of this Section is a petty offense with a minimum fine of $750. | 15 | | (e) If a fine for a violation of this Section is $250 or | 16 | | greater, the person who violated this Section shall be charged | 17 | | an additional $125, which shall be deposited into the | 18 | | Transportation Safety Highway Hire-back Fund in the State | 19 | | treasury, unless (i) the violation occurred on a highway other | 20 | | than an interstate highway and (ii) a county police officer | 21 | | wrote the ticket for the violation, in which case the $125 | 22 | | shall be deposited into that county's Transportation Safety | 23 | | Highway Hire-back Fund. In the case of a second or subsequent | 24 | | violation of this Section, if the fine is $750 or greater, the | 25 | | person who violated this Section shall be charged an additional | 26 | | $250, which shall be deposited into the Transportation Safety |
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| 1 | | Highway Hire-back Fund in the State treasury, unless (i) the | 2 | | violation occurred on a highway other than an interstate | 3 | | highway and (ii) a county police officer wrote the ticket for | 4 | | the violation, in which case the $250 shall be deposited into | 5 | | that county's Transportation Safety Highway Hire-back Fund.
| 6 | | (e-5) The Department of State Police and the local county | 7 | | police department have concurrent jurisdiction over any | 8 | | violation of this Section that occurs on an interstate highway.
| 9 | | (f) The Transportation Safety Highway Hire-back Fund, | 10 | | which was created by Public Act 92-619, shall continue to be a | 11 | | special fund in the State treasury. Subject to appropriation by | 12 | | the General Assembly and approval by the Secretary, the | 13 | | Secretary of Transportation shall use all moneys in the | 14 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 15 | | Department of State Police officers to monitor construction or | 16 | | maintenance zones. | 17 | | (f-5) Each county shall create a Transportation Safety | 18 | | Highway Hire-back Fund. The county shall use all moneys in its | 19 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 20 | | county police officers to monitor construction or maintenance | 21 | | zones in that county on highways other than interstate | 22 | | highways.
| 23 | | (g) For a second or subsequent violation of this Section | 24 | | within 2 years of the date of the previous violation, the | 25 | | Secretary of State shall suspend the driver's license of the | 26 | | violator for a period of 90 days.
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| 1 | | (h) This Section applies only when workers are present in | 2 | | the construction or maintenance speed zone. | 3 | | (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.) | 4 | | (625 ILCS 5/12-610.1) | 5 | | Sec. 12-610.1. Wireless telephones. | 6 | | (a) As used in this Section, "wireless telephone" means
a | 7 | | device that is capable of transmitting or receiving
telephonic | 8 | | communications without a wire connecting the
device to the | 9 | | telephone network. | 10 | | (b) A person under the age of 19 years who holds an | 11 | | instruction permit issued under Section 6-105 or 6-107.1, or a | 12 | | person under the age of 19 years who holds a graduated license | 13 | | issued under Section 6-107, may not drive a vehicle on a | 14 | | roadway while using a wireless phone.
| 15 | | (c) This Section does not apply to a person under the age | 16 | | of 19 years using a
wireless telephone for emergency purposes, | 17 | | including, but not
limited to, an emergency call to a law | 18 | | enforcement agency,
health care provider, fire department, or | 19 | | other emergency
services agency or entity.
| 20 | | (d) If a graduated driver's license holder over the age of | 21 | | 18 committed an offense against traffic regulations governing | 22 | | the movement of vehicles or any violation of Section 6-107 or | 23 | | Section 12-603.1 of this Code in the 6 months prior to the | 24 | | graduated driver's license holder's 18th birthday, and was | 25 | | subsequently convicted of the violation, the provisions of |
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| 1 | | paragraph (b) shall continue to apply until such time as a | 2 | | period of 6 consecutive months has elapsed without an | 3 | | additional violation and subsequent conviction of an offense | 4 | | against traffic regulations governing the movement of vehicles | 5 | | or any violation of Section 6-107 or Section 12-603.1 of this | 6 | | Code.
| 7 | | (e) A person, regardless of age, may not use a wireless
| 8 | | telephone at any time while operating a motor vehicle on a | 9 | | roadway in a school speed
zone established under Section | 10 | | 11-605, or on a highway in a construction or
maintenance speed | 11 | | zone established under Section 11-605.1 in which workers are | 12 | | present .
This subsection (e) does not apply to (i) a person | 13 | | engaged in a
highway construction or maintenance project for | 14 | | which a
construction or maintenance speed zone has been | 15 | | established
under Section 11-605.1, (ii) a person using a | 16 | | wireless
telephone for emergency purposes, including, but not | 17 | | limited to,
law enforcement agency, health care provider, fire | 18 | | department, or other emergency services agency or entity, (iii) | 19 | | a law enforcement officer or operator of an emergency vehicle | 20 | | when performing the officer's or operator's official duties, or | 21 | | (iv) to a person using a wireless telephone in voice-activated | 22 | | mode , or (v) to a person using a wireless telephone on a | 23 | | highway in a construction or
maintenance speed zone established | 24 | | under Section 11-605.1 who is stopped due to traffic | 25 | | congestion . | 26 | | (Source: P.A. 95-310, eff. 1-1-08; 95-338, eff. 1-1-08; 95-876, |
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| 1 | | eff. 8-21-08; 96-131, eff. 1-1-10.) | 2 | | (625 ILCS 5/12-610.2) | 3 | | Sec. 12-610.2. Electronic communication devices. | 4 | | (a) As used in this Section: | 5 | | "Electronic communication device" means an electronic | 6 | | device, including but not limited to a wireless telephone, | 7 | | personal digital assistant, or a portable or mobile computer | 8 | | while being used for the purpose of composing, reading, or | 9 | | sending an electronic message, but does not include a global | 10 | | positioning system or navigation system or a device that is | 11 | | physically or electronically integrated into the motor | 12 | | vehicle. | 13 | | "Electronic message" means a self-contained piece of | 14 | | digital communication that is designed or intended to be | 15 | | transmitted between physical devices. "Electronic message" | 16 | | includes, but is not limited to electronic mail, a text | 17 | | message, an instant message, or a command or request to access | 18 | | an Internet site. | 19 | | (b) A person may not operate a motor vehicle on a roadway | 20 | | while using an electronic communication device to compose, | 21 | | send, or read an electronic message. | 22 | | (c) A violation of this Section is an offense against | 23 | | traffic regulations governing the movement of vehicles. | 24 | | (d) This Section does not apply to: | 25 | | (1) a law enforcement officer or operator of an |
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| 1 | | emergency vehicle while performing his or her official | 2 | | duties; | 3 | | (2) a driver using an electronic communication device | 4 | | for the sole purpose of reporting an emergency situation | 5 | | and continued communication with emergency personnel | 6 | | during the emergency situation; | 7 | | (3) a driver using an electronic communication device | 8 | | in hands-free or voice-activated mode; | 9 | | (4) a driver of a commercial motor vehicle reading a | 10 | | message displayed on a permanently installed communication | 11 | | device designed for a commercial motor vehicle with a | 12 | | screen that does not exceed 10 inches tall by 10 inches | 13 | | wide in size; | 14 | | (5) a driver using an electronic communication device | 15 | | while parked on the shoulder of a roadway; or | 16 | | (6) a driver using an electronic communication device | 17 | | when the vehicle is stopped due to normal traffic being | 18 | | obstructed and the driver has the motor vehicle | 19 | | transmission in neutral or park ; or .
| 20 | | (7) a driver using an electronic communication device | 21 | | on a highway in a construction or
maintenance speed zone | 22 | | established under Section 11-605.1 of this Code who is | 23 | | stopped due to traffic congestion. | 24 | | (Source: P.A. 96-130, eff. 1-1-10; 96-1000, eff. 7-2-10.)
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