New 2019 Illinois Dui And Traffic Laws

by Donald J. Ramsell ©2017

630-665-8780
www.dui-illinois-attorney.com

CIVIL FORFEITURE LAWS

P.A. 100-0699 effect 8-3-18
Makes various technical changes in various forfeiture provisions in the Seizure and Forfeiture Reporting Act, the Department of State Police Law of the Civil Administrative Code of Illinois, the Illinois Food, Drug and Cosmetic Act, the Criminal Code of 2012, the Cannabis Control Act, the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, the Drug Asset Forfeiture Procedure Act, and the Illinois Securities Law of 1953. Reorganizes the money laundering Article of the Criminal Code of 2012. Adds applicability provisions making the changes in Acts and laws by Public Act 100-512 apply only to seizure of property on and after July 1, 2018. Effective July 1, 2018.

TEMPORARY DISABILITY STICKER - DISPLACED PERSON

P.A. 100-702 effective 1-1-19
625 ILCS 5/11-1301.2 from Ch. 95 1/2, par. 11-1301.2
625 ILCS 5/11-1301.5

Amends the Illinois Vehicle Code. Provides that the Secretary of State may issue a one-time decal or device to any non-resident of this State who is a person with disabilities and who is displaced from another jurisdiction due to a national disaster as declared by the federal government. Provides proof requirements for the temporary decal or device. Provides that the decal or device shall be valid for a period not to exceed 6 months. Effective January 1, 2019.

Provides that an applicant for a special parking decal that does not have an identification card or driver's license number may use a valid identification number issued by a branch of the U.S. military or a federally issued Medicare or Medicaid identification number. Makes conforming changes.

BACKUP LAMP -AMBER

P.A. 100-707 Effective January 1, 2019
625 ILCS 5/12-209

Amends the Illinois Vehicle Code. Provides that a back-up lamp equipped on a motor vehicle shall emit a white or amber light without glare.

SEC OF STATE - ABSTRACT ACCESS AND FEE

P.A. 100-590 Effective June 8 2018.
625 ILCS 5/2-123
625 ILCS 5/6-118

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Relocates language setting a $12 fee for a driver's record to a Section concerning fees. Provides that the Secretary of State may furnish to a person or agency data contained in a driver's record. Effective immediately.

TOW TRUCK PLATES - PENALTY REDUCTION

P.A. 100-725 Effective August 3, 2018
625 ILCS 5/5-801

Amends the Illinois Vehicle Code. Provides that any person who does not attach a "tow truck" plate to the front and rear of each registered vehicle and a "tow truck" plate to the rear of the vehicle being towed, unless the towed vehicle displays a valid registration plate visible from the rear while being towed, is guilty of a Class C misdemeanor. Effective immediately.

CELLPHONE USE FIRST RESPONDER

P.A. 100-727 Effective August 3, 2018
625 ILCS 5/12-610.2

Amends the Illinois Vehicle Code. Provides that a first responder, while operating his or her own personal motor vehicle, can use an electronic communication device for the sole purpose of receiving information about an emergency situation while en route to performing his or her official duties. Effective immediately.

IDOT REGISTRATION

P.A. 100-728 Effective January 1 2019
625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107
625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-113.1 from Ch. 95 1/2, par. 15-113.1
625 ILCS 5/15-113.2 from Ch. 95 1/2, par. 15-113.2
625 ILCS 5/15-113.3 from Ch. 95 1/2, par. 15-113.3
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
625 ILCS 5/15-302 from Ch. 95 1/2, par. 15-302
625 ILCS 5/15-319 rep.

Amends the Illinois Vehicle Code. Repeals the Section that allows applicants for special permits to apply to the Department of Transportation for a registration number and classification identification label for the purpose of identifying and classifying vehicles or combinations of vehicles that may be operated or moved by special permit. Makes conforming changes.

RESTRICTED DRVING PERMIT DURATION

P.A. 100-803 Effective January 1, 2019
625 ILCS 5/6-303

Amends the Illinois Vehicle Code. Provides that a person who drives or is in actual physical control of a motor vehicle while his or her driver's license or privilege to drive is suspended due to child support arrearage or automated red light violations of the Code shall receive a Uniform Traffic Citation from the law enforcement officer. Provides that a person who receives 3 or more Uniform Traffic Citations without paying any fees associated with the citations shall be guilty of a Class A misdemeanor.

MULTI-YEAR REGISTRATION

P.A. 100-986 Effective January 1, 2021
625 ILCS 5/3-414.1

Amends the Illinois Vehicle Code. Provides that, except for a semitrailer registered under the Code, beginning with the 2019 registration year, the Secretary of State shall offer to each owner of a motor vehicle that is subject to registration under the Code a registration period based on a one calendar year, 2 calendar year, 3 calendar year, 4 calendar year, or 5 calendar year basis. Provides that an owner of a motor vehicle who chooses a 2 calendar year, 3 calendar year, 4 calendar year, or 5 calendar year registration period shall pay an additional fee of $10 for every registration year that is more than one calendar year, which shall be deposited into the Road Fund. Provides that beginning with the 2019 registration year, the Secretary shall offer to each owner of a trailer a registration period based on a one calendar year, 2 calendar year, 3 calendar year, 4 calendar year, 5 calendar year, or 10 calendar year basis.

ID/DL OF VETERAN

P.A. 100-811 Effective January 1, 2019
15 ILCS 335/5
625 ILCS 5/6-106

Amends the Illinois Identification Card Act. Provides that, for purposes of issuing an identification card with a veteran designation under the Act, the acceptable forms of proof an applicant may provide includes an identification card issued under the federal Veterans Identification Card Act of 2015, or a United States Department of Veterans Affairs summary of benefits letter. Amends the Illinois Vehicle Code. Makes conforming changes in regards to a driver's license with a veteran designation. Provides that if a document cannot be stamped, the Illinois Department of Veterans' Affairs shall provide a certificate to the veteran to provide to the Secretary of State.

REAR-FACING CHILD RESTRAINT

P.A. 100-672 Effective January 1, 2019
625 ILCS 25/4

Amends the Child Passenger Protection Act. Provides that when any person is transporting a child in this State who is under the age of 2 years in a motor vehicle of the first division or motor vehicle of the second division weighing 9,000 pounds or less, he or she shall be responsible for properly securing the child in a rear-facing child restraint system, unless the child weighs 40 or more pounds or is 40 or more inches tall.

SOS - ID CARDS SENIOR

P.A. 100-827 Effective August 13, 2018
15 ILCS 335/8
15 ILCS 335/12

Amends the Illinois Identification Card Act. Provides that every original, renewal, or duplicate non-Real ID identification card issued to a person who has reached his or her 65th birthday shall be permanent and need not be renewed. Provides that every original, renewal, or duplicate non-Real ID Illinois Person with a Disability Identification Card issued to a qualifying person shall expire 10 years thereafter. Removes a specified fee in connection with the issuance of Illinois Identification Cards. Effective immediately.

VEHICLE CD - LIABILITY INS./OUT OF STATE

P.A. 100-828 Effective January 1, 2019
Statutes Amended In Order of Appearance
625 ILCS 5/3-707 from Ch. 95 1/2, par. 3-707
625 ILCS 5/3-710 from Ch. 95 1/2, par. 3-710
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/7-601.5 new
625 ILCS 5/7-610 from Ch. 95 1/2, par. 7-610

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that no person shall operate a motor vehicle registered in another state upon the highways of this State unless the vehicle is covered by a liability insurance policy issued by the state where the vehicle is registered. Provides that the operator of the vehicle shall carry within the vehicle evidence of the insurance. Makes conforming changes.

House Committee Amendment No. 1

Deletes language requiring that the insurance policy be issued by the state where the vehicle is registered.

Senate Committee Amendment No. 2

Deletes reference to:
625 ILCS 5/3-707 from Ch. 95 1/2, par. 3-707
625 ILCS 5/3-710 from Ch. 95 1/2, par. 3-710
625 ILCS 5/6-303 from Ch. 95 1/2, par. 6-303
625 ILCS 5/7-601.5 new
625 ILCS 5/7-610 from Ch. 95 1/2, par. 7-610
Adds reference to:
625 ILCS 5/7-601 from Ch. 95 1/2, par. 7-601

Replaces everything after the enacting clause with the provisions of the engrossed bill, and relocates provisions that provide that no person shall operate a motor vehicle registered in another state upon the highways of this State without a liability insurance policy. Makes conforming changes.

NON-RESIDENT CITATION; NO SIGNATURE

P.A. 100-674 Effective January 1, 2019
625 ILCS 5/3-711
625 ILCS 5/6-308
625 ILCS 5/6-803
625 ILCS 5/6-306.4 rep.

Amends the Illinois Vehicle Code. Provides that any person cited for violating the Code or a similar provision of a local ordinance for which the violation is a petty offense shall not be required to sign the citation. Provides that Illinois Supreme Court Rules shall govern bail and appearance procedures when a person who is a resident of another state that is not a member of the Nonresident Violator Compact of 1977 is cited for violating this Code or a similar provision of a local ordinance. Repeals a provision governing the procedures for citations issued by a police officer in this State to a resident of another state that is a member of the Nonresident Violator Compact of 1977. Makes conforming changes.

CD CORRECTIONS AGG FACTOR DUI - ONE-WAY

P.A. 100-1053 Effective January 1, 2019
730 ILCS 5/5-5-3.2

Amends the Unified Code of Corrections. Provides that it is an aggravating factor in sentencing that the defendant committed the offense of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of the Illinois Vehicle Code or a similar provision of a local ordinance and the defendant during the commission of the offense was driving his or her vehicle upon a roadway designated for one-way traffic in the opposite direction of the direction indicated by official traffic control devices.

Senate Committee Amendment No. 1

Defines "traffic control devices". Also makes technical changes.

ELECTRONIC DEVICE/PENALTY

P.A. 100-858 Effective July 1, 2019
625 ILCS 5/12-610.2

Amends the Illinois Vehicle Code. Provides that a violation (rather than a second or subsequent violation) of a provision in the Code governing the use of an electronic communication device while operating a motor vehicle is an offense against traffic regulations governing the movement of vehicles.

IVC SAFETY TEST BY WEIGHT

P.A. 100-683 Effective January 1, 2019
625 ILCS 5/13-109

Amends the Illinois Vehicle Code. Provides that the requirement of a safety test at least every 12 months applies to truck tractors, semitrailers, and property-carrying vehicles weighing more than 10,000 pounds but less than 26,001 (rather than truck tractors in combination with a semitrailer and vehicles weighing 10,000 to 26,000 pounds).

TEST QUESTION - DUTCH REACH METHOD OF OPENING DRIVERS DOOR

P.A. 100-770 Effective January 1, 2019
625 ILCS 5/2-112 from Ch. 95 1/2, par. 2-112
625 ILCS 5/6-109

Synopsis As Introduced

Amends the Illinois Vehicle Code. (1) specifies that the Dutch Reach method is to be used when opening a vehicle door after parallel parking on a street; (2) provides that the Dutch Reach method reduces the risk of injuring a bicyclist or opening the door in the path of a vehicle approaching from behind (rather than an oncoming vehicle); and (3) provides that the Secretary shall include test questions (rather than a test question) concerning safe driving in the presence of bicycles.

IVC EMS SIRENS AND LAMPS

P.A. 100-962 Effective January 1, 2019
625 ILCS 5/11-1421 from Ch. 95 1/2, par. 11-1421

Synopsis As Introduced

Amends the Illinois Vehicle Code. Provides that an ambulance or rescue vehicle shall operate a siren and lamp or lamps only when it is reasonably necessary to warn pedestrians and other drivers of the approach thereof while responding to an emergency call or transporting a patient who presents a combination of circumstances resulting in a need for immediate medical intervention that is beyond the capabilities of the emergency responders using the available supplies and equipment.

House Floor Amendment No. 1

Deletes language that requires immediate medical circumstances to be beyond the capabilities of the emergency responders using the available supplies and equipment.

Senate Committee Amendment No. 1

Adds reference to:

625 ILCS 5/2-112 from Ch. 95 1/2, par. 2-112
625 ILCS 5/6-109

Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: limits the new provisions governing an ambulance or rescue vehicle to municipalities with a population over 1,000,000; provides that the Secretary of State shall include, in the Illinois Rules of the Road publication, information advising drivers to use the Dutch Reach method when opening a vehicle door after parallel parking on a street; and provides that the Secretary shall include, in the question pool used for the written portion of the driver's license examination, test questions concerning safe driving in the presence of bicycles.

IVC OVERWEIGHT AXLE PERMITS

P.A. 100-1090 Effective January 1, 2019
625 ILCS 5/15-312

Amends the Illinois Vehicle Code. Provides that a special permit issued by the Department of Transportation (rather than upon declaration by the Governor that an emergency harvest situation exists) shall be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under the Code and does not exceed the vehicle's registered gross weight by 10%. Makes conforming changes. Provides that an applicant for a State Police escort shall pay $75 (rather than $60) per hour, per State Police vehicle.

FEES; FINES; ASSESSMENT SCHEDULE

P.A. 100-987 Effective July 1, 2019
Synopsis As Introduced

Creates the Criminal and Traffic Assessment Act. Provides a minimum fine is $25. Provides when any defendant is convicted, pleads guilty, or placed on court supervision for a violation of a law or local ordinance, the court shall order one schedule of assessments in the case plus any conditional assessment applicable to a conviction in the case, as set forth in the Act, for the defendant to pay in addition to any fine, restitution, or forfeiture ordered by the court. Provides all money collected by the clerk of the court based on the schedules or conditional assessments shall be remitted to the appropriate treasurer as directed in the Act. Provides the treasurers shall deposit the money as indicated in the ordered schedule or conditional assessment. Amends the Code of Criminal Procedure of 1963. Provides that a defendant may petition the court for full or partial waiver of court assessments imposed under the Criminal and Traffic Assessment Act. Provides the court shall grant a full or partial waiver of court assessments if specified conditions are met. Makes corresponding and conforming changes to various Acts and Codes. Repeals various laws. Effective July 1, 2019, except for certain provisions that are effective July 1, 2018.

House Floor Amendment No. 1

Adds reference to:

30 ILCS 105/5.886 new
30 ILCS 105/6z-105 new

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Increases the assessments to be collected under the Criminal and Traffic Assessment Act Schedules 1 through 3 and Schedules 5 through 13, changes assessment distributions in those schedules and in the conditional assessments distribution, adds a new assessment schedule for truck weight and load offenses, and adds definition of "fine". Amends the State Finance Act to create the State Police Law Enforcement Administration Fund for revenue for State Police arrests under the Criminal and Traffic Assessment Act. Provides for a delinquency fee based on the length of the delinquency on unpaid assessments and circuit court civil fees. Deletes the Secretary of State single fee on certain multiple sanctions under the Illinois Vehicle Code. Increases some of the fees to be collected for circuit court civil cases. Makes conforming and technical changes. Effective July 1, 2019, except for certain provisions that are effective July 1, 2018.

House Floor Amendment No. 4

Modifies the assessment schedule for various specified offenses, and specifies the money to be collected by the Clerk of the Circuit Court and deposited by the State Treasurer into the Violent Crime Victims Assistance Fund. Makes conforming changes.

Senate Floor Amendment No. 1

Replaces use of the county Child Advocacy Center Fund to support the activities and services of the Court Appointed Special Advocates with support for the operation and administration of the Children's Advocacy Center within that county in the Criminal and Traffic Assessment Act. Further amends the State Finance Act provision on the State Police Law Enforcement Administration Fund to provide the primary purpose of the Fund shall be to finance State Police cadet classes in May and October of each year. Further amends the Clerks of Courts Act. Provides for minimum fines and the distribution of fines imposed by the court in a case. Provides that for purposes of determining whether the fine would impose an undue burden on the victim, "victim" shall not be construed to include the defendant. Repeals the provision for a fee for a children's waiting room for children whose parents or guardians are attending a court hearing as a litigant, witness, or for other court purposes as determined by the court. Makes technical changes.

CIVIL PRO - PLEADING CERTIFICATION 1-109

P.A. 100-1086 EFFECTIVE JANUARY 1, 2019
735 ILCS 5/1-109

Amends the Code of Civil Procedure regarding a pleading or other document verified by certification. Provides that the pleading or other document may be used in the same manner as though sworn under oath without any further requirement that the document be sworn before an authorized person.

MUNI CD - POLICE CITATION QUOTAS

P.A. 100-1001 Effective January 1, 2019
65 ILCS 5/11-1-12

Amends the Illinois Municipal Code. In provisions prohibiting a municipality from requiring police officers to issue a specific number of citations within a designated period of time, removes an exclusion for municipalities with their own independent inspector general and law enforcement review authority.