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92nd General Assembly

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Public Act 92-0780

SB1808 Enrolled                                LRB9215763DHgc

    AN ACT in relation to vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Illinois  Vehicle  Code  is  amended by
changing Sections 1-126 and 11-605 as follows:

    (625 ILCS 5/1-126) (from Ch. 95 1/2, par. 1-126)
    Sec. 1-126. Highway.
    The entire width between the boundary lines of every  way
publicly  maintained when any part thereof is open to the use
of the public for purposes of vehicular travel or located  on
public school property.
(Source: P.A. 76-1586.)

    (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
    Sec. 11-605. Special speed limit while passing schools or
while  traveling  through highway construction or maintenance
zones.
    (a)  For the purpose of this Section, "school" means  the
following entities:
         (1)  A   public  or  private  primary  or  secondary
    school.
         (2)  A primary or secondary  school  operated  by  a
    religious institution.
         (3)  A public, private, or religious nursery school.
    On  a  school day when school children are present and so
close thereto that a potential hazard exists because  of  the
close  proximity  of  the  motorized traffic, no person shall
drive a motor vehicle at a speed in excess of  20  miles  per
hour  while  passing  a  school  zone or while traveling on a
roadway  on  public  school  property  or  upon  any   public
thoroughfare where children pass going to and from school.
    For  the purpose of this Section a school day shall begin
at seven ante  meridian  and  shall  conclude  at  four  post
meridian.
    This  Section  shall not be applicable unless appropriate
signs are  posted  upon  streets  and  highways  under  their
respective  jurisdiction  and  maintained  by the Department,
township,   county,   park   district,   city,   village   or
incorporated town wherein the school zone  is  located.  With
regard to the special speed limit while passing schools, such
signs  shall  give  proper  due warning that a school zone is
being approached and shall indicate the school zone  and  the
maximum  speed limit in effect during school days when school
children are present.
    (b)  No  person  shall  operate  a  motor  vehicle  in  a
construction or maintenance zone at a speed in excess of  the
posted  speed  limit when workers are present and so close to
the moving traffic that a potential hazard exists because  of
the motorized traffic.
    (c)  Nothing  in  this  Chapter shall prohibit the use of
electronic speed-detecting devices within 500 feet  of  signs
within  a  special  school  speed  zone  or a construction or
maintenance zone indicating such zone,  as  defined  in  this
Section,  nor shall evidence obtained thereby be inadmissible
in any prosecution for speeding  provided  the  use  of  such
device shall apply only to the enforcement of the speed limit
in  such  special  school  speed  zone  or  a construction or
maintenance zone.
    (d)  For the purpose of this Section, a  construction  or
maintenance  zone  is  an  area in which the Department, Toll
Highway Authority, or local agency has  determined  that  the
preexisting   established   speed  limit  through  a  highway
construction  or  maintenance  project  is  greater  than  is
reasonable or safe with respect to the conditions expected to
exist in the construction or maintenance zone and has  posted
a   lower   speed   limit  with  a  highway  construction  or
maintenance zone special speed limit sign.
    Highway construction or maintenance  zone  special  speed
limit  signs shall be of a design approved by the Department.
The signs shall give proper due warning that  a  construction
or  maintenance  zone  is being approached and shall indicate
the maximum speed limit in  effect.   The  signs  shall  also
state  the  amount  of  the minimum fine for a violation when
workers are present.
    (e)  A first violation of this Section is a petty offense
with  a  minimum  fine  of  $150.   A  second  or  subsequent
violation of this Section is a petty offense with  a  minimum
fine of $300.
    (f)  When  a  fine  for  a violation of subsection (a) is
$150 or greater, the person who violates subsection (a) shall
be charged an additional $50 to be paid to  the  unit  school
district  where  the  violation  occurred  for  school safety
purposes.   If  the  violation  occurred  in  a  dual  school
district,  $25  of  the  surcharge  shall  be  paid  to   the
elementary school district for school safety purposes and $25
of  the  surcharge  shall be paid to the high school district
for  school  safety  purposes.   Notwithstanding  any   other
provision  of  law, the entire $50 surcharge shall be paid to
the appropriate school district or districts.
    For purposes  of  this  subsection  (f),  "school  safety
purposes"  includes  the  costs  associated  with school zone
safety  education  and  the   purchase,   installation,   and
maintenance  of  caution  lights  which are mounted on school
speed zone signs.
(Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02.)
    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 06, 2002.
    Effective August 06, 2002.

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