Summary of New Illinois Traffic and DUI laws in 2013
- Cellphone Ban Emergency Scenes
P.A. 97-0828 effective July 20, 2012 Amends 625 ILCS 5/12-610.1; 625 ILCS 5/12-610.2
Provides that no person may use a wireless telephone while operating a motor vehicle within 500 feet of an emergency scene (a location where an authorized emergency vehicle as defined by the Code is present and has activated its oscillating, rotating, or flashing lights) except for specified purposes. Adds digital photographs and video to the definition of “electronic message” in provisions prohibiting the use of electronic communication devices while operating a motor vehicle. Exempts wireless telephones and electronic communication devices used in voice-operated (instead of “voice-activated”) mode
- Commercial Drivers No Texting or Cellphone Usage While Driving
P.A. 97-0829 effective January 1, 2013 Amends 625 ILCS 5/6-500, new 5/6-526 and 5/6-527
Prohibits a commercial driver from texting while driving. Prohibits motor carriers from allowing a driver to text while driving, even when temporarily stationary (such as a red light or train crossing). Exceptions for emergency services. Texting includes both typing and reading text from a device.
Also prohibits a commercial driver from using hand-held mobile phone with one hand while driving; by pressing more than one button to make or receive calls; or by leaving the seat belted position to retrieve the phone while driving. Exceptions apply.
A violation is considered a “serious traffic violation” for CDL purposes.
- Cellphone BaMain in Construction and maintenance Speed Zones
P.A. 97-0830 Effective Date January 1, 2013 Amends 625 ILCS 5/12-610.1; 625 ILCS 5/11-605.1
Provides that no person may use a wireless telephone at any time while operating a motor vehicle in a construction or maintenance speed zone. Expands the definition of “construction or maintenance speed zone” to include an area where the Department of Transportation, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached. Provides that if it is determined that a preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional signs shall be posted which give proper due warning that a construction or maintenance speed zone is being approached, indicate the maximum speed limit in effect, and state the amount of the minimum fine for a violation. Provides that the Section prohibiting the use of wireless telephones in school speed zones and construction or maintenance speed zones does not apply to a person using a telephone in voice-operated (instead of “voice-activated”) mode or to a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication. Provides that voice-operated mode includes the use of a headset.
- Use of DUI Technology Funds Expanded
P.A. 97-1050 Effective January 1, 2013 Amends 625 ILCS 5/11-501.01
Provides that moneys in the State Police DUI Fund shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State (instead of for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations).
Deletes the requirement that the funds be used strictly for the purchase of in-squad video cameras, radar and laser speed technology and Breath-alcohol testing equipment.
- Allowance of Residence for Underage Drinking
P.A. 97-1049 Effective Date January 1, 2013 Amends 235 ILCS 5/6-16 of the Liquor Control Act of 1934.
Makes it a misdemeanor carrying a $500 fine for any adult to knowingly permit minors under the age of 21 to drink alcohol on their property or in their home. If the violation results in bodily harm or death, the adult will be charged with a felony. Provides that a parent or guardian who knowingly permits his or her residence, or any other private property under his or her control, (instead of knowingly permit his or her residence) to be used by an invitee, under the age of 21, of the parent’s child or the guardian’s ward in a manner that constitutes a violation of the Act’s prohibited sales and possession provisions is guilty of a Class A misdemeanor. Provides that a parent or guardian is deemed to have knowingly permitted his or her residence, or any other private property under his or her control, to be used in violation of the Act if he or she knowingly authorizes or permits (instead of knowingly authorizes, enables, or permits) consumption of alcohol by underage invitees. In provisions concerning the use of a residence by an underage invitee, modifies some of the elements of the offense by (i) providing that any person, including a tenant or lessee, who knowingly authorizes or permits (instead of permits) a residence (instead of a gathering at a residence) which he or she occupies to be used by an invitee under 21 years of age for possession or use of an alcoholic beverage violates the Act, if other specified conditions are met; and (ii) by striking the requirement that the person occupying the residence know that the underage person who possesses or consumes alcohol left the residence intoxicated. Provides that a person shall not be in violation of the provisions of this Act concerning prohibited underage alcohol consumption at a residence if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person’s performance of his or her legal duties under this Act or (ii) terminate the activity because the person has been unable to prevent a person under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity.
- Approved Persons for Blood Draws Drug Alcohol Testing
P.A. 97-0450 Effective August 19, 2011 Amends 625 ILCS 5/6-106.1a; 625 ILCS 5/11-501.2; 625 ILCS 5/11-501.6; 625 ILCS 5/11-501.8
Adds licensed physician assistant, and licensed advanced practice nurse to the list of persons authorized to draw blood for drug alcohol testing.
- Mandatory Requests for DUI Testing
P.A. 97-0471 Effective August 22, 2011 Amends 625 ILCS 5/11-501.2;
Provides that if a law enforcement officer has probable cause to believe a person involved in a motor vehicle accident causing personal injury or death was under the influence of alcohol or drugs, the law enforcement officer shall request a chemical test. Effective immediately.
- Medical Examiners Certificates – Fraudulent or Expired
P.A. 97-0208 Effective January 1, 2012 Amends 625 ILCS 5/6-201; 625 ILCS 5/6-500; 625 ILCS 5/6-507; 625 ILCS 5/6-508; 625 ILCS 5/6-508.1 new; 625 ILCS 5/6-513; 625 ILCS 5/6-519
Requires interstate Commercial Driver’s License (CDL) holders subject to the physical qualification requirements of the Federal Motor Carrier Safety Regulations to provide a current original or copy of their medical examiner’s certificate or medical variance to the Secretary of State prior to the issuance of a new, renewed, upgraded or transferred CDL. Provides that the Secretary is authorized to cancel the CDL of any person who fails to submit or submits a fraudulent medical examiner’s certificate. Defines terms. Provides that a commercial motor vehicle may not be operated unless the driver has in his or her possession a copy of his or her medical variance, if one is required by law. Provides that no person shall be issued a commercial driver instruction permit or CDL unless the person certifies to the Secretary one of the following types of driving operations in which he or she will be engaged: (i) non-excepted interstate; (ii) non-excepted intrastate; (iii) excepted interstate; or (iv) excepted intrastate. Provides persons who hold a commercial driver instruction permit or CDL on January 30, 2012 must self-certify to the Secretary one of the above-mentioned classifications no later than January 30, 2014. Contains reporting requirements applicable to the Secretary. Provides that a driver’s certification status shall become non-certified within 10 calendar days of the expiration of a medical examiner’s certificate or medical variance or both and that failure to provide an updated medical examiner’s certificate or medical variance or both within 60 calendar days of a driver’s medical certification status becoming non-certified shall result in cancellation of the CDL. Effective January 1, 2012.
- Disclosure of School Bus Driver Failed Drug Alcohol Tests
P.A. 97-0466 Effective January 1, 2012 Amends 625 ILCS 5/6-106.1; 625 ILCS 5/6-106.1c new
Amends the Illinois Vehicle Code. Provides that an employer of a school bus driver permit holder who holds a commercial driver’s license and who works for the employer as a school bus driver and is therefore subject to 49 CFR 382.307 shall, within 48 hours, notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test discloses any amount of drugs; or (iii) when a driver refuses testing. Provides that a non-CDL holder who holds a school bus driver permit and his or her employer shall be subject to reasonable suspicion drug and alcohol testing. Provides that testing of non-CDL holders shall be in conformance with federal regulations, except that the results of the tests shall be reported in a manner and form approved by the Secretary of State instead of on federal forms. Provides that an applicant for a school bus driver permit must consent to the release of the results of reasonable suspicion drug and alcohol tests. Provides that the Secretary shall suspend for a period of 3 years the school bus driver permit of a driver who refuses testing or tests positive for the presence of alcohol drugs or intoxicating compounds. Sets reporting requirements for the employer.
Provides that provisions regarding notification requirements go into effect when a test discloses “any amount of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or any intoxicating compound listed in the Use of Intoxicating Compounds Act” (instead of “any amount of drugs”). Provides that the cost of a reasonable suspicion test shall be the responsibility of the employer, unless otherwise provided by contract or a collective bargaining agreement. Provides that employers of school bus drivers with or without commercial driver’s licenses shall notify the Secretary of State of the result of a reasonable suspicion test when the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards. Provides that the Secretary of State shall suspend a school bus driver permit for a period of 3 years upon receiving notice indicating that the permit holder yielded a positive result on a National Institute on Drug Abuse five-drug panel utilizing federal standards.
- Fraudulent Use of Disability Placard of Deceased Individual
P.A. 97-0844 Effective January 1, 2013 625 ILCS 5/6-205; 625 ILCS 5/6-206; 625 ILCS 5/11-1301.3; 625 ILCS 5/11-1301.5; 625 ILCS 5/11-1301.6
Provides that it is a Class A misdemeanor with a $2,500 fine to use a disability license plate or parking decal or device to exercise privileges granted through the use of those items while the person to whom the disability license plate or parking decal or device was originally issued is deceased, and that a person who violates the new provisions or a similar local ordinance shall have his or her parking privileges revoked by the Secretary of State. Provides that a person who commits a first violation of provisions prohibiting the use of a disability license plate or parking decal or device by a person who is not the authorized holder or is not transporting the authorized holder to or from the parking location shall be fined $500 and have his or her driving privileges suspended. Provides that a person who commits a second or subsequent violation is guilty of a Class A misdemeanor, shall be fined $2,500, and shall have his or her driving privileges revoked. Provides that the Secretary of State shall suspend the driving privileges of a person who violates a similar provision of a local ordinance concerning fictitious or unlawfully altered disability license plates or parking decals or devices or concerning fraudulent disability license plates or parking decals or devices.
- Visitation Abuse Driver’s License Suspension
P.A. 97-1047 Effective August 21, 2012 625 ILCS 5/7-701; 625 ILCS 5/7-702; 625 ILCS 5/7-702.1; 625 ILCS 5/7-703; 625 ILCS 5/7-704; 625 ILCS 5/7-705; 625 ILCS 5/7-705.2 new; 625 ILCS 5/7-706; 625 ILCS 5/7-708; 750 ILCS 5/607.1
Amends the Illinois Vehicle Code and the Illinois Marriage and Dissolution of Marriage Act. Provides that the Secretary of State shall suspend, pursuant to court order, the driver’s license of a person adjudicated by a court to have engaged in visitation abuse. Provides procedures for that suspension process. Provides that the court, upon finding that a party engaged in visitation abuse, may order: the suspension of the offending party’s Illinois driving privileges pursuant to the Illinois Vehicle Code, until the court has determined that there has been sufficient compliance with the court’s visitation order and that full driving privileges shall be reinstated; the issuance of a family responsibility driving permit to the offending party to allow limited driving privileges for employment, for medical purposes, and to transport a child pursuant to a visitation order; the placement of the offending party on probation; or the sentencing of the offending party to periodic imprisonment for up to 6 months, provided that the court may allow periods of release for work. Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides if the court, upon holding a party in contempt for violation of a visitation order and finding that the party engaged in visitation abuse, may find that the party is guilty of a petty offense and impose a fine of no more than $500 for each finding of visitation abuse.
- Additional Fees for State Police Merit Board from traffic tickets
P.A. 97-1051 Effective January 1, 2013 20 ILCS 2610/7.2 new; 30 ILCS 105/5.811 new; 705 ILCS 105/27.6
Amends the State Police Act. Creates the State Police Merit Board Public Safety Fund which shall be used to provide training for law enforcement personnel. Provides that the fund is not subject to sweeps or any other fiscal or budgetary maneuver from that fund into another State fund. Amends the State Finance Act to add the State Police Merit Board Public Safety Fund as a special fund in the State treasury. Amends the Clerks of Courts Act. Provides that in addition to any other fines and costs, a person who is convicted of or pleads guilty to a violation of the Criminal Code of 1961, or of a similar provision of a local ordinance, or who is convicted of, pleads guilty to, or receives a disposition of court supervision for a violation of the Illinois Vehicle Code, or of a similar provision of a local ordinance, shall pay an additional fee of $15 to the circuit court clerk. Provides that this fee shall not be considered a part of the fine for purposes of any fine reduction for time served. Provides that 2.5% of the fee shall be retained by the clerk to defray administrative costs. Provides that the clerk shall send the fees collected under this provision to the State Treasurer within 60 days after receipt for deposit into the State Police Merit Board Public Safety Fund.
- Speeding 31 Plus Above Limit – No Supervision
P.A. 97-0831 Effective July 1, 2013 Amends 720 ILCS 5/7-1
Amends the Unified Code of Corrections. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant drives a vehicle upon any highway of the State at a speed that is 31 miles per hour or more (rather than 40 miles per hour or more) in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a local ordinance. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.
- Additional Penalties for the Victims Assistance Fund
P.A. 97-0816 Effective July 1, 2012 Amends 725 ILCS 240/10
Provides that if a defendant is unable to pay the total fines, fees, and costs at the time of sentencing, the circuit clerk may establish a payment schedule based upon the information provided on a form prepared by the clerk setting forth the defendant’s assets, liabilities, income, and expenses. Provides that in evaluating the defendant’s expenses, the clerk shall consider only reasonable, necessary expenses. Provides that the clerk may modify the payment schedule upon a showing of good cause by the defendant. Amends the Violent Crime Victims Assistance Act. Changes the additional penalty imposed, the proceeds of which are deposited into the Violent Crime Victims Assistance Fund to: (1) $100 for a felony; (2) $50 for an offense under the Illinois Vehicle Code, excluding speeding offenses and certain equipment offenses and certain other violations; and (3) $75 for a misdemeanor, excluding conservation offenses.
- Automated Speed Enforcement Systems
P.A. 97-0672 Effective July 1, 2012 605 ILCS 10/4 from Ch. 121, par. 100-4;625 ILCS 5/1-105.1 new
Amends the Illinois Vehicle Code. Provides that in cities of over 1,000,000 inhabitants, a governmental agency may establish automated speed enforcement (ASE) systems in designated safety zones. Defines terms. Provides that the municipality may impose liability on a registered owner of a vehicle that violates the applicable law, with exceptions. Provides that notwithstanding any other applicable consequences under the Illinois Vehicle Code, the penalty for and consequence of a traffic violation recorded by an ASE system is a civil fine not to exceed $100 for each violation. Contains provisions governing the expenditure of funds generated by the use of ASE systems. Provides that unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer within one-eighth of a mile and 15 minutes of a violation recorded by an ASE system, the owner of the vehicle will be liable for the civil penalty. Provides that a violation for which a civil penalty is imposed is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle. Contains provisions concerning notice and administrative hearing procedures related to implementation of the amendatory Act. Provides that recorded images are confidential, with specified exceptions. Provides defenses to ASE system violations. Provides equipment and signage requirements. Provides that a municipality operating an ASE system shall conduct a statistical analysis to assess the safety impact of the system and provides procedures for conducting the statistical analysis. Adds severability language. Makes corresponding changes in other Sections of the Vehicle Code.
Senate Floor Amendment No. 2
Removes a reference to counties in a subsection allowing ASE systems. Provides additional testing requirements for ASE equipment and specifies that equipment shall be tested once each week (instead of once every 60 days). Modifies the definition of “safety zone”. Provides that ASE systems shall be operational and violations shall be recorded only between 6 a.m. and 10 p.m. in safety zones based upon schools, and if the safety zone is based upon property owned by a park district, only between one hour before and one hour after the hours the property is open to the public. Provides that no penalty may be imposed for an ASE system violation if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit, and that a municipality may send a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit.
- Amendment to Automated Speed Enforcement System
P.A. 97-0674 Effective July 1, 2012 Amends 70 ILCS 2605/5.2; 70 ILCS 2605/9.6a
Provides that if a safety zone is based upon the property line of any facility, area, or land owned by a school district, an automated speed enforcement system shall be operational and violations shall be recorded only on school days and no earlier than 6 a.m. and no later than 8:30pm if the school day is during the period of Monday through Thursday, or 9 p.m. if the school day is a Friday. Replaces existing civil penalties for automated speed enforcement system violations with the following civil penalties: a maximum of $50 if the recorded speed is no less than 6 miles per hour and no more than 10 miles per hour over the legal speed limit plus an additional penalty of not more than $50 if the original penalty is not paid in a timely manner; and a maximum of $100 if the recorded speed is more than 10 miles per hour over the legal limit plus an additional penalty of not more than $100 if the original penalty is not paid in a timely manner. Adds after school programs to the list of purposes for which the net proceeds from automated speed enforcement systems may be used. Effective July 1, 2012.
- Impoundment for No Vehicle Stickers
P.A. 97-0937 Effective August 10, 2012 625 ILCS 5/3-704.1; 625 ILCS 5/11-1430.1 new
Provides that a municipality may provide by ordinance for a program of vehicle immobilization to facilitate enforcement of municipal vehicle tax liability. Contains additional provisions governing notice and procedural matters involving implementation of the new Section. Provides that payment in full of any fine or penalty resulting from a vehicle tax violation shall constitute a final disposition of that violation. Effective immediately.
- Police Canine Certification Act
P.A. 97-0469 Effective July 1, 2012 20 ILCS 2605/2605-595 new
Amends the Illinois Police Training Act. Provides that whenever a State or local law enforcement officer issues a traffic citation or stops a motorist for an alleged violation, the officer shall record whether or not a police dog performed a sniff of the vehicle and the results of the sniff. Provides that all police dogs used by State and local law enforcement agencies for drug enforcement purposes shall be trained by programs that meet the certification requirements set by the Director of State Police or the Director’s designee.
- Leaving Scene of Accident – Moving Vehicle to Safe Place – 11-401
P.A. 97-0673 Effective January 1, 2013 Amends 625 ILCS 5/11-402
Amends the Illinois Vehicle Code. Provides that the driver of a vehicle involved in a motor vehicle accident resulting only in damage to a vehicle may move the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remain at that location until the driver has fulfilled the requirements of the Section of the Code concerning the duty to give information and render aid.
- Expungement of Reckless Driving Arrests Driver Under 25
P.A. 97-0698 Effective January 1, 2013 Amends 720 ILCS 5/11-9.3; 720 ILCS 5/11-9.4-1
Provides that those arrests or charges that resulted in orders of supervision for a misdemeanor violation of the reckless driving statute or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for DUI or reckless driving or a similar provision of a local ordinance shall not be eligible for sealing or expungement until the petitioner has reached the age of 25 years.
- No Federal Funds Accepted for Motorcycle checkpoints
P.A. 97-746, eff. 7-6-12 Amends 30 ILCS 105/8.56 new
Amends the State Finance Act. Provides that a law enforcement agency of this State or a political subdivision of this State may not accept federal funding the purpose of which is to establish motorcycle-only roadside checkpoints.
- Taxi driver records made available
P.A. 97-1062, eff. 1-1-13 625 ILCS 55/15 new
Amends the Taxi Safety Act of 2007. Taxi safety reporting. In counties in which vehicle citation records are not readily available to the public, the clerk of the circuit court shall furnish a list of all moving violations involving a taxi or an individual licensed or registered as a taxi driver upon the request of a unit of government that licenses, registers, or otherwise regulates taxi drivers.
- Special States Attorneys and Fees
P.A. 97-982, eff. 8-17-12 Amends 55 ILCS 5/3-9008
Amends the Counties Code. Provides that prior to appointing a private attorney to perform the functions of the State’s Attorney, when the State’s Attorney is sick or absent, or unable to attend, or is interested in any cause or proceeding, civil or criminal, which it is or may be his duty to prosecute or defend, the court shall contact certain public agencies to determine a public prosecutor’s availability to serve as a special prosecutor at no cost to the county. Provides that the county shall participate in all agreements relating to the compensation of a special prosecutor. Further provides that the power and authority of a special prosecutor shall not be expanded without prior notice to the county and an opportunity for the county to present information in court concerning the financial impact of an expansion. Sets forth limits on a court’s interpretation regarding certain orders and the requirement of a county to pay legal fees. Effective immediately.
- Low Speed Vehicles – Title
P.A. 97-983, eff. 8-17-12 Amends 625 ILCS 5/3-101
Amends the Illinois Vehicle Code. Provides that every owner of a low-speed vehicle manufactured after January 1, 2010 shall make application to the Secretary of State for a certificate of title. Effective immediately.
- Vehicle Forfeiture – Out Of State Suspend/Revoke
P.A. 97-984, eff. 1-1-13 Amends 625 ILCS 5/6-303
Amends the Illinois Vehicle Code. Provides that a motor vehicle used in violation of the Section concerning driving on a suspended or revoked license is subject to seizure and forfeiture if the person’s driving privileges were revoked or suspended as a result of a similar provision of a law of another state relating to: (1) operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof, (2) leaving the scene of a motor vehicle accident involving personal injury or death; (3) failure to submit to drug or alcohol testing; or (4) reckless homicide.
- Revocation of Driving Privileges from drug Offenses
P.A. 97-838, eff. 7-20-12 Amends 625 ILCS multi
Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the driving privileges of a person convicted of second or subsequent conviction of illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. Provides that a defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State. Provides that a person convicted for a first time shall have his or her driving privileges suspended for a period of one year. Removes language providing that the Secretary of State shall suspend the driving privileges of a person convicted for a second or subsequent time for a period of 5 years. Further amends the Illinois Vehicle Code. Provides that the Secretary of State may require (instead of “allow, but not require”) licensees under certain Chapters of the Code to submit any required record by using electronic media deemed feasible by the Secretary in addition to (rather than “instead of”) requiring the actual submittal of the original paper record. Provides that the Secretary may also allow (instead of “allow, but not require”) a person or licensee to receive any record to be provided by the Secretary by using electronic media instead of providing the original paper record. Provides that the Secretary may issue a dealer lien release certificate of title for a fee of $20, provided certain conditions are met. Provides that the Secretary may deny, revoke, or suspend the dealer license of a licensee who has failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary. Provides that instead of filing a criminal complaint against an entity licensed by the Secretary, a Secretary of State Police investigator may issue administrative citations for violations of statutes or rules concerning dealers, transporters, wreckers and rebuilders. Contains procedural requirements concerning the issuance of administrative citations. Provides that the penalty imposed by issuance of an administrative citation shall not exceed $50 per violation. Provides that penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. Provides that only the provisions added by the amendment are effective immediately.
- Disabled Parking Fees Allowable
P.A. 97-845, eff. 1-1-13 Amends 625 ILCS multi
Amends the Illinois Vehicle Code. Disabled person’s exemption from paying most parking meter fees ends 1-1-14. A county or municipality can still contract with shopping centers, hospitals, etc. to regulate parking. “Beginning 1-1-14, a vehicle displaying a decal or device issued … shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking structure or area.” Beginning 1-1-14 the Secretary of State hall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities. Specifies criteria for determination of disability (can’t manipulate coins, approach meter, etc.) and requires a certification from a licensed physician, PA or APN. Also applicable for a disability decal is the parent/guardian of a disabled child, under age 18 who is incapable of driving.
Most fictitious or unlawfully altered disability license plate or decal violations increased to $1,000 minimum fine (from $500) for a first offense (Class A misdemeanor), and to a minimum $2,000 fine (from $1,000) for a second or subsequent offense (Class IV felony). Unlawful transfer of decal – (b)(6) violations minimum fine increase to $1,000 for a first offense, and $2,000 for a second or subsequent offense (both Class A). Makes it a new offense for a physician, PA, or APN to knowingly falsify a certification that a person is a person with disabilities as defined – Class A first offense; Class 4 second or subsequent.
- Culinary Student Liquor Control
P.A. 97-1058, eff. 8-24-12 Amends 235 ILCS 5/6-20
Amends the Liquor Control Act of 1934. Provides that the provisions of the Act prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who: (1) tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an accredited educational institution; (2) is enrolled as a student in a college, university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012; (3) is participating in a culinary arts, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and (4) tastes, but does not imbibe, alcoholic liquor for instructional purposes as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor. Further amends the Liquor Control Act of 1934. In an exception to the prohibition against an underage person possessing alcoholic liquor, provides that a person who meets other requirements and is a culinary, food service, or restaurant management student may taste, but not imbibe, alcoholic liquor up to, but not exceeding, 6 times per class (instead of 6 times per course) for instructional purposes as a part of a required course. Effective immediately.
- Motorcycle Red Light Law
P.A. 97-762, eff. 7-6-12 Amends 625 ILCS 5/11-208.6 625 ILCS 5/11-306
Amends the Illinois Vehicle Code. Provides that the driver of a motorcycle may proceed through a red light which fails to change to a green light “within a reasonable period of time not less than 120 seconds” (instead of “within a reasonable period of time”).
- Multiple Vehicle Code Changes
P.A. 97-743, eff. 1-1-12 Amends 625 ILCS multi
Amends the Illinois Vehicle Code. Provides that police officers who confiscate certain driver documents shall return them or cause them to be returned to the Secretary of State. Relocates and redefines provisions concerning registration plate covers (requires character be covered or recorded image distorted, and provides that a registration plate on a motorcycle may be mounted vertically, with conditions. Deletes prohibition against clear/non-distorting plate covers. Provides that a person who sells or advertises the sale of registration plate covers shall be guilty of a business offense.
Provides that a person may not modify a vehicle’s original mounting location so as to hinder a peace officer from obtaining the registration; that a person who does so is guilty of a Class A misdemeanor; and that the Secretary of State may suspend the driving privileges of a person who violates the new provisions. Adds concealing or altering a vehicle’s license plate to the list of aggravating factors for fleeing or attempting to elude a peace officer.
Provides that a police officer may order the removal of a vehicle that has had its registration suspended, cancelled, or revoked. Provides that the handlebars of a motorcycle may not be higher than the height of the operator’s head and that the operator must keep at least one hand on the handlebars at all times the motorcycle is in motion.
Provides that a person commits aggravated operating a motorcycle, motor driven cycle, or moped on one wheel when he or she operates on one wheel while speeding. Provides that a first violation of aggravated operating a motorcycle, motor driven cycle, or moped on one wheel is a petty offense with a minimum fine of $100, a second violation is a Class B misdemeanor, and a third or subsequent violation is a Class A misdemeanor. Provides that motorcycles and motor-driven cycles may be equipped with a red or amber stop lamp on the rear of the vehicle that flashes and becomes steady only when the brake is actuated.