New Illinois Traffic and DUI Laws in 2011
Below are the new changes and additions to the Illinois DUI laws and Illinois Traffic Laws for 2011:
P.A. 96-1165 (effective July 22, 2010) Stop for Pedestrian
- Amends the Illinois Vehicle Code. Provides that where traffic signals are not in place, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be. Provides that on a school day when children are present and so close that a potential hazard exists because of the close proximity of the motorized traffic and when traffic signals are not in place or in operation, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be to so yield.
P.A. 96-1305, (effective January 1, 2011) Revocation – Caused Death
- Provides that the Secretary of State shall immediately revoke the driving privileges of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle when that offense “was the proximate cause of the death of any person the death of any person” Further provides that any person whose driving privileges have been revoked under the provisions of the introduced bill may seek to have the revocation terminated or to have the length of revocation reduced, by requesting an administrative hearing with the Secretary of State prior to the projected driver’s license application eligibility date.
P.A. 96-1179 (eff. 1-1-11) Company Name on Truck
- Amends the Illinois Vehicle Code. Provides that a construction contractor or subcontractor operating second division vehicle commercially in this State that fails to display on the side of the vehicle or its trailer the name of the company for which it is employed is guilty of a petty offense with a fine of not less than $500 (instead of with a fine not to exceed $100)
P.A. 96-1230 (eff. 1-1-11) Aggravated DUI Great Bodily Harm 85% Sentencing
- Amends the Unified Code of Corrections. Provides that the rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof that involved a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries and the offense was committed on or after the effective date of the amendatory Act, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
P.A. 96-1173, eff. 7-22-10 Emergency Response Penalty
- Amends the Illinois Vehicle Code. Provides that in addition to any other fine or penalty required by law, the court may assess an additional criminal penalty in an amount not exceeding $100 per public agency for each emergency response related to (rather than proximately caused by) a person’s conviction for reckless driving or speeding in excess of 40 miles per hour over the posted speed limit for a first reckless driving or excessive speeding violation and $500 for a second or subsequent violation .
P.A. 96-1180, eff. 1-1-11 Driving Privileges – RDP & reporting
- Amends the Illinois Vehicle Code to provide that in certain undue hardship cases where a person’s driving privileges have been suspended or revoked, the Secretary of State may issue a restricted driving permit to allow a person to transport children, elderly persons, or disabled persons who do not hold driving privileges and are living in the person’s household (rather than just children living in the person’s household) to and from daycare. Amends the Unified Code of Corrections. Provides that during a sentencing hearing, the court must make a finding of whether a motor vehicle was used in the commission of the offense for which the defendant is being sentenced. Provides that in cases in which the court finds that a motor vehicle was used in the commission of the offense, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
P.A. 96-1184, eff. 7-22-102 Fine Repayment Plan to Lift Suspensions
- Amends the Illinois Vehicle Code. Provides that the Secretary of State shall terminate the driving privileges suspension of a person who failed to pay fines or penalties for standing, parking, compliance, or automated traffic law violations whenever the person has entered into a payment plan pursuant to which the municipality has agreed to terminate the suspension. Provides that Secretary of State shall suspend the driving privileges of a person who is more than 14 days in default of such a payment plan. Makes other changes.
P.A. 96-1066, eff. 7-16-10 Bus Drivers – phone/radio
- Amends the Illinois Vehicle Code. Provides that a school bus must contain either an operating cellular radio telecommunication device (cell phone) or two-way radio (rather than just a two-way radio) while the school bus driver is in possession of a school bus and provides that the cell phone or two-way radio must be turned on and adjusted in a manner that would alert the school bus driver of an incoming communication request. Provides that a school bus driver may use a cell phone to communicate with school authorities or their designees about any other issue relating to the operation of the school bus or the welfare and safety of any passenger. Deletes a provision concerning the use of cell phone that has a digital two-way radio. Makes corresponding changes in a provision concerning post-trip inspections of school busses.
P.A. 96-1175, eff. 9-20-10 Serious Traffic Violation Fees
- Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections. Provides that any person who is convicted of or pleads guilty to a serious traffic violation, as defined in the Illinois Vehicle Code, shall pay an additional fee of $40 (rather than $20). Provides that $15 (rather than $7.50) of the fee shall be deposited into the Fire Prevention Fund in the State treasury, $15 (rather than $7.50) shall be deposited into the Fire Truck Revolving Loan Fund in the State treasury, and $10 (rather than $5) shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court. Makes technical changes. Effective 60 days after becoming law. Provides that any person who is convicted of or pleads guilty to a serious traffic violation, as defined in the Illinois Vehicle Code, shall pay an additional fee of $35 (rather than $20 in current law and $40 in the introduced bill). Restores current law with respect to the amount of money ($5 rather than $10, as provided by the introduced bill) that shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court.
P.A. 96-1147, eff. 7-21-10 Accident Reports – Research
- Amends a provision of the Illinois Vehicle Code concerning accident reports. Provides that upon request, the Department of Transportation shall furnish copies of its written accident reports to federal, State, and local agencies that are engaged in highway safety research and studies. Provides that the reports shall be for the privileged use of the federal, State, and local agencies receiving the reports and shall be held confidential.
P.A. 96-1237, eff. 1-1-11 Intoxicated Driver Instructors or Supervisors
- In a provision concerning instruction permits, provides that an instruction permit shall be restricted, by the Secretary of State, to the operation of a motor vehicle by the minor only when “under direct supervision of” (rather than “accompanied by”) the adult instructor of a driver education program during enrollment in the program or when practicing “under direct supervision of” (rather than “with”) a parent, legal guardian, family member, or other person who is 21 years of age or more, has a license classification to operate such vehicle and at least one year of driving experience, and who is occupying a seat beside the driver. Creates an offense of intoxicated instructors and supervisors, making it illegal to do so while under the influence. makes the penalty a Class A misdemeanor.
P.A. 96-1284, eff. 1-1-11 Non-support RDPs
- Amends the Illinois Public Aid Code and Illinois Vehicle Code. Provides that an unemployed person that has been found in contempt by the court for failure to pay court ordered child support payments or upon a motion by the obligor who is subject to having his or her driver’s license suspended pursuant to provisions of the family financial responsibility law of the Illinois Vehicle Code, may be issued a restricted driving permit for the purpose of seeking employment, which may be subject to the requirements set forth in the Illinois Marriage and Dissolution of Marriage Act. Provides that except upon a showing of good cause, any permit issued for the purpose of seeking employment shall be limited to Monday through Friday between the hours of 8 a.m. and 12 p.m. Provides that following the certification of delinquency or upon a motion by the obligor who is subject to having his or her driver’s license suspended for failure to pay child support, the Department of Healthcare and Family Services may direct the Secretary of State to issue a family financial responsibility driving permit under the purposes and limitations set forth for other family financial responsibility driving permits and sets forth rules and procedures for the issuance of the permit.
P.A. 96-1016, eff. 1-1-11 Automated Traffic Violations
- Amends the Illinois Vehicle Code. Provides that in municipalities with a population of less than 1,000,000 and counties with a population of less than 3,000,000, an ordinance that provides for the administrative adjudication of automated traffic law enforcement system violations shall require that all determinations by a technician employed or contracted by the municipality or county that a motor vehicle committed a violation must be reviewed and approved by a law enforcement officer. Provides that in municipalities with a population of 1,000,000 or more and counties with a population of 3,000,000 or more, an ordinance that provides for the administrative adjudication of automated traffic law enforcement system violations shall require that all determinations by a technician employed or contracted by the municipality or county that a motor vehicle committed a violation must be reviewed and approved by a law enforcement officer or by an additional technician trained in traffic management and not employed by the contractor who employs the technician who made the initial determination. Provides that in all municipalities and counties, the automated traffic law ordinance shall require that no additional fee shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and the automated traffic law ordinance shall provide that after an administrative hearing where a person is found to have committed a violation, the person shall be given additional time to pay the civil penalty imposed equal to the amount of time that the person had to pay the original violation upon issuance. Provides that a municipality or county that produces a recorded image of a motor vehicle’s violation must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet. Provides that a county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection during the cycle of the red signal indication unless one or more pedestrians are present, even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop. Provides that a municipality or county that has one or more intersections equipped with an automated traffic law enforcement system must provide notice to drivers by posting the locations of the systems on the municipality or county website. Provides that an intersection equipped with an automated traffic law enforcement system must have a yellow change interval that conforms with the Illinois Manual on Uniform Traffic Control Devices published by the Illinois Department of Transportation. Provides that a municipality or county shall make a certified report to the Secretary of State in order to suspend a registered owner’s driving privileges whenever a registered owner of a vehicle has failed to pay any fine or penalty due and owing as a result of 5 automated traffic law enforcement system violations. Provides that an automated traffic law ordinance shall provide that after an administrative hearing where a person is found to have committed a violation, the person shall be given at least 25 days to pay the civil penalty (rather than “additional time to pay the civil penalty imposed equal to the amount of time that the person had to pay the original violation upon issuance” as provided by the introduced bill, as amended). Provides that a municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection following installation of the system and provides further details about the study. Provides that if the statistical analysis for the 36 month period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to the intersection monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents at that intersection. Makes other changes.
P.A. 96-1007, eff. 1-1-11 Bicycle Safety – Auto
- Provides that a person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a “bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle”. The penalty for a crowding a bicyclist from is a Class 3 felony.
P.A. 96-1080, eff. 7-16-10 CDL Requirements
- Provides that certain information relating to a first offender’s driving under the influence offense is not privileged when the offender is a commercial driver’s license holder and operating a commercial motor vehicle or vehicle required to be placarded as hazardous materials. Makes other changes.
P.A. 96-1120, eff. 1-1-11 ID Cards – Non-existent address
- Amends the Illinois Identification Card Act. Provides that information concerning a non-existent address used to obtain an identification card is false information for the purposes of a particular provision of the Act. Amends the Illinois Vehicle Code. Provides that information concerning a non-existent address used to obtain a driver’s license or permit is false information for the purposes of a particular provision of the Code. Also makes technical changes.Provides that false information also includes, among other things, any photograph that falsifies all or in part the actual identity of the individual issued a license.
P.A. 96-0991, eff. 1-1-11 Safety Belt – Disabled Passenger
- Amends the Illinois Vehicle Code. Requires the driver of a motor vehicle transporting a passenger who is unable, due to infirmity, illness, or age, to properly adjust and fasten a seat safety belt and is not exempted from wearing a seat safety belt to secure the passenger in a properly adjusted and fastened seat safety belt.
P.A. 96-1342, eff. 1-1-11 DUI Fine Increase
- Amends the Illinois Vehicle Code and Clerks of the Court Act. Increases the amount of an administrative sanction imposed on first offenders known as “Technology fees” in addition to other penalties and liabilities upon a person who is found guilty of or pleads guilty to violating the DUI provision of the Illinois Vehicle Code from $500 to $750. Makes corresponding changes in the Clerks of the Court Act. Changes the distribution formula of the administrative sanction imposed in addition to other penalties and liabilities upon a person who is found guilty of or pleads guilty to violating the DUI provision of the Illinois Vehicle Code by distributing $350 of the $750 fee (rather than $150 of the $500 fee) to the law enforcement agency that made the arrest and distributing $400 of the $750 fee to the State Treasurer for deposit into the General Revenue Fund. Also changes the distribution of second offender Tech fees of $1000 (no change in amount of fee; just distribution).
P.A. 96-1344 effective 7-1-11 Aggravated DUI/PI Refusal-Summary Revocation
- Adds a ‘summary revocation’ to the summary suspension procedures. A person who refuses to submit to testing following an arrest for DUI involving a motor vehicle accident that causes a Type A personal injury (or death) to another will be revoked summarily on the 46th day following arrest. The driver will be entitled to a court hearing following the same procedures as a summary suspension. There will also be Warnings involved.
P.A. 96-1002, eff. 1-1-11 Speeding – Class B Misdemeanors -No Supervision on 40 over
- Amends the Illinois Vehicle Code. Provides that a person who drives a vehicle upon any highway of this State at a speed that is 30 miles per hour or more but less than 40 miles per hour in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a local ordinance commits a Class B misdemeanor. Also amends the Unified Code of Corrections. Provides that a person charged with driving a vehicle upon any highway of the State at a speed that is 40 miles per hour or more in excess of the applicable maximum speed limit established by the Illinois Vehicle Code or a local ordinance may not receive an order of supervision.
P.A. 96-1267, eff. 7-26-10*HB5444 Vehicle Forfeiture – DUI tech
- Amends the Criminal Code of 1961. In the seizure and forfeiture provisions concerning a vehicle that is seized for certain DUI violations of the owner of the vehicle, changes cross references to reflect changes in the DUI statute.
P.A. 96-1431 (eff. 1-1-11) Failure to Appear – Fee
- Amends the Code of Criminal Procedure. Provides that when a court appearance is required for an alleged violation of the Criminal Code of 1961, the Illinois Vehicle Code, the Wildlife Code, the Fish and Aquatic Life Code, the Child Passenger Protection Act, or a comparable offense of a unit of local government as specified in Supreme Court Rule 551, and if the accused does not appear in court on the date set for appearance or any date to which the case may be continued and the court issues an arrest warrant for the accused, based upon his or her failure to appear when having so previously been ordered to appear by the court, the accused upon his or her admission to bail shall be assessed by the court a penalty of $75. Provides that the penalty shall be in addition to any bail that the accused is required to deposit for the offense for which the accused has been charged and may not be used for the payment of court costs or fines assessed for the offense. Provides that the clerk of the court shall remit $70 of the penalty assessed to the arresting agency who brings the offender in on the arrest warrant. Provides that the clerk of the court shall remit $5 of the penalty assessed to the Circuit Court Clerk Operation and Administrative Fund.
Pending SB3775 Summary: MDDP & SEC OF STATE Status: Passed both Houses
- Amends the Illinois Vehicle Code. Removes the authority of circuit courts to order the Secretary of State to issue a monitoring device permit (MDDP) to an eligible first-time DUI offender, and instead, provides for the automatic issuance of a MDDP by the Secretary to an eligible first-time DUI offender. Provides that the eligible first-time DUI offender may file a petition to decline issuance of the MDDP with the court of venue. Provides that persons issued a MDDP and who must drive a farm tractor to and from a farm, within 50 air miles from the originating farm, are exempt from installation of a Breath Alcohol Ignition Interlock Device on the farm tractor so long as the farm tractor is being used for the exclusive purpose of conducting farm operations. Provides that the Secretary shall adopt rules for methods for determining indigency with respect to persons eligible for a MDDP. Makes other changes. Effective January 1, 2011.
- Evidence is insufficient prove that there was cannabis in a defendant’s breath, blood, or urine when he is driving, as required to convict him for driving under the influence of cannabis (DUI), even when an officer has smelled burnt cannabis about defendant’s person, drug paraphernalia was found in his car, and the defendant admitted to smoking “two hits” of cannabis one hour prior to traffic stop, where there is no evidence as to whether consuming that amount of cannabis would result in any cannabis being left in the breath, blood, or urine one hour later, and there is no evidence that defendant was impaired, and no evidence of an odor of cannabis on the breath. People v. McPeak 399 Ill.App.3d 799, 927 N.E.2d 312, 339 Ill.Dec. 771 (Ill.App. 2 Dist. 2010)
- In People v. Foltz 403 Ill.App.3d 419, 934 N.E.2d 719, 343 Ill.Dec. 395 (Ill.App. 5 Dist.,2010), a defendant was convicted upon jury verdict of aggravated driving under the combined influence of alcohol and drugs. It was held that there was insufficient evidence to prove that Defendant had any drugs in his system at the time of arrest, as the only evidence of drug use presented at trial was that police officer smelled the odor of burnt cannabis in Defendant’s vehicle. The court also found that the Officer lacked the necessary experience to provide sufficient testimony that the Defendant was under the influence of drugs, as he had less than two years experience as an officer, this was his first arrest for DUI involving drugs, and he had no specific training in drug recognition.