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92_SB1828
LRB9211102DHgc
1 AN ACT in relation to vehicles.
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 11-605 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 or while traveling through highway construction or
9 maintenance zones.
10 (a) For the purpose of this Section, "school" means the
11 following entities:
12 (1) A public or private primary or secondary
13 school.
14 (2) A primary or secondary school operated by a
15 religious institution.
16 (3) A public, private, or religious nursery school.
17 On a school day when school children are present and so
18 close thereto that a potential hazard exists because of the
19 close proximity of the motorized traffic, no person shall
20 drive a motor vehicle at a speed in excess of 20 miles per
21 hour while passing a school zone or while traveling upon any
22 public thoroughfare where children pass going to and from
23 school.
24 For the purpose of this Section a school day shall begin
25 at seven ante meridian and shall conclude at four post
26 meridian.
27 This Section shall not be applicable unless appropriate
28 signs are posted upon streets and highways under their
29 respective jurisdiction and maintained by the Department,
30 township, county, park district, city, village or
31 incorporated town wherein the school zone is located. With
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1 regard to the special speed limit while passing schools, such
2 signs shall give proper due warning that a school zone is
3 being approached and shall indicate the school zone and the
4 maximum speed limit in effect during school days when school
5 children are present.
6 (b) No person shall operate a motor vehicle in a
7 construction or maintenance zone at a speed in excess of the
8 posted speed limit when workers are present and so close to
9 the moving traffic that a potential hazard exists because of
10 the motorized traffic.
11 (c) Nothing in this Chapter shall prohibit the use of
12 electronic speed-detecting devices within 500 feet of signs
13 within a special school speed zone or a construction or
14 maintenance zone indicating such zone, as defined in this
15 Section, nor shall evidence obtained thereby be inadmissible
16 in any prosecution for speeding provided the use of such
17 device shall apply only to the enforcement of the speed limit
18 in such special school speed zone or a construction or
19 maintenance zone.
20 (d) For the purpose of this Section, a construction or
21 maintenance zone is an area in which the Department, Toll
22 Highway Authority, or local agency has determined that the
23 preexisting established speed limit through a highway
24 construction or maintenance project is greater than is
25 reasonable or safe with respect to the conditions expected to
26 exist in the construction or maintenance zone and has posted
27 a lower speed limit with a highway construction or
28 maintenance zone special speed limit sign.
29 Highway construction or maintenance zone special speed
30 limit signs shall be of a design approved by the Department.
31 The signs shall give proper due warning that a construction
32 or maintenance zone is being approached and shall indicate
33 the maximum speed limit in effect. The signs shall also
34 state the amount of the minimum fine for a violation when
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1 workers are present.
2 (e) A first violation of this Section is a petty offense
3 with a minimum fine of $150. A second or subsequent
4 violation of this Section is a petty offense with a minimum
5 fine of $300.
6 (f) When a fine for a violation of subsection (a) is
7 $150 or greater, the person who violates subsection (a) shall
8 be charged an additional $50 to be paid to the unit school
9 district where the violation occurred for school safety
10 purposes. If the violation occurred in a dual school
11 district, $25 of the surcharge shall be paid to the
12 elementary school district for school safety purposes and $25
13 of the surcharge shall be paid to the high school district
14 for school safety purposes. Notwithstanding any other
15 provision of law, the entire $50 surcharge shall be paid to
16 the appropriate school district or districts.
17 For purposes of this subsection (f), "school safety
18 purposes" includes the costs associated with school zone
19 safety education and the purchase, installation, and
20 maintenance of caution lights which are mounted on school
21 speed zone signs.
22 (g) A person who violates subsection (b) shall be
23 charged an additional $50 to be paid to the Department of
24 Transportation and used to pay police officers hired to
25 patrol construction or maintenance zones. Notwithstanding
26 any other provision of law, the entire $50 surcharge shall be
27 paid to the Department of Transportation.
28 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.