Summary of New Illinois Traffic and DUI laws in 2014
Public Act 98-122, effective 1-1-14
Amends or creates new:
- 10 ILCS 5/9-45 new
- 30 ILCS 105/5.826 new
- 35 ILCS 5/201 from Ch. 120, par. 2-201
- 35 ILCS 105/3-10
- 35 ILCS 110/3-10 from Ch. 120, par. 439.33-10
- 35 ILCS 115/3-10 from Ch. 120, par. 439.103-10
- 35 ILCS 120/2-10
- 625 ILCS 5/2-118.1 from Ch. 95 1/2, par. 2-118.1
- 625 ILCS 5/6-206
- 625 ILCS 5/6-206.1 from Ch. 95 1/2, par. 6-206.1
- 625 ILCS 5/6-208.1 from Ch. 95 1/2, par. 6-208.1
- 625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
- 625 ILCS 5/11-501 from Ch. 95 1/2, par. 11-501
- 625 ILCS 5/11-501.1
- 625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
- 625 ILCS 5/11-502.1 new
Pertinent Summary for DUI and Traffic
Creates the Compassionate Use of Medical Cannabis Pilot Program Act. Provides that when a person has been diagnosed by a physician as having a “debilitating medical condition,” the person and the person’s primary caregiver may be issued a registry identification card by the Department of Public Health that permits the person or the person’s primary caregiver to legally possess no more 2.5 ounces of usable cannabis during a 14-day period that is derived solely from an intrastate source.
- Provides that the DUI provisions of 11-501(a)(6)(i.e. ‘any amount of cannabis or metabolite) do not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act. Keeps actual impairment though.
- Requires such driver to consent to the administration of field sobriety tests approved by NHTSA (divided attention tasks).
- Refusal of, or failure to complete filed sobriety tests nets a 12 month statutory summary suspension under 6-208.1.
- Creates a six month suspension for a qualifying patient licensed under the Compassionate Use of Medical Cannabis Pilot Program Act who is in possession of a valid registry card issued under that Act and submitted to testing under subsection (a-5) of Section 11-501.1.
- A person’s possession of a valid registry care alone is not a sufficient basis for reasonable suspicion. There must be an independent fact specific basis for requesting tests. “This independent basis of suspicion shall be listed on the standardized field sobriety test results and any influence reports made by the arresting officer.”
- Makes a legislative finding the NHTSA FST’s are acceptable means of determining cannabis impairment, and that they are admissible at trial to prove the same.
- Allows driver to present defense that he or she lacked the physical capacity to perform tests.
- Requires medical cannabis within a motor vehicle must be in a sealed, tamper-evident medical cannabis container.
♦ Note: Washington State and Nevada use a 5 ng/dl blood cut off for DUI.
TASER USE BY LAW ENFORCEMENT
Public Act 98-358, effective 358, effective 1-1-14
50 ILCS 705/7 50 ILCS 705/10.14 new
Amends the Illinois Police Training Act. Requires police training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans. Provides that beginning January 1, 2014 and ending December 31, 2015, the Illinois Law Enforcement Training Standards Board shall randomly inspect police departments of units of local government and university police departments concerning the use of electronic control devices by law enforcement officers of the departments to determine whether the officers received appropriate training in their use. Provides that the Board shall compile the information from the random inspections and analyze the results. Provides that based on the analysis, the Board shall issue a report and present its report and findings to the Governor and General Assembly on or before June 30, 2016. Provides that the Board in its report may recommend legislation concerning the use of electronic control devices by law enforcement officers and the training of law enforcement officers in the use of those devices. Provides that these provisions are repealed on July 1, 2016. Effective January 1, 2014.
DRIVER’S EDUCATION; DRIVERS LICENSE – AGE 18-21
Public Act 98-167, effective 7-1-14
625 ILCS 5/6-103 625 ILCS 5/6-107.5 new
Amends the Illinois Vehicle Code to provide that persons between the age of 18 and 21 years of age shall not be issued or allowed to renew a driver’s license without successfully completing an adult driver education course. Provides that the Secretary of State shall establish by administrative rule the curriculum of adult driver education courses and designate the instruction materials to be used in these courses. Provides that the adult driver education course curriculum shall not require the operation of a motor vehicle. Provides that the Secretary shall certify course providers according to requirements the Secretary establishes by administrative rule. Provides that the Secretary may establish rules for the decertification of course providers. Provides that the Secretary may allow course providers to offer courses online if the course provider can satisfy the Secretary that the course provider has sufficient procedures in place to guarantee the student is the person actually taking the course and completes the entire course. Provides that the Secretary shall establish a system of electronic verification of a student’s completion of the course. Provides that course providers may not charge more for the course than is reasonable in relation to the cost of providing the course. Provides that the Secretary shall maintain a list of approved course providers, along with prices and contact information, on the Secretary of State’s website. Provides that in addition to any other costs of the course, the course provider shall collect a $5 fee from each student for deposit in the Secretary of State Driver Services Administration Fund to offset the Secretary’s costs of administering the program. Effective July 1, 2014.
IDOT TRUCK EMERGENCY LIGHTS
Public Act 98-123, effective 1-1-14
625 ILCS 5/1-105
Summary Amends the Illinois Vehicle Code to allow for the use of red or white oscillating, rotating, or flashing lights on vehicles belonging to the Illinois Department of Transportation designated as Emergency Traffic Patrol. Provides that these lights shall only be operated when the vehicle is responding to an emergency call or is on the scene of an emergency. Amends the Section on authorized emergency vehicles to include Emergency Traffic Patrol vehicles.
CRIMINAL LAW-ACTUAL INNOCENCE
Public Act 98-133, effective 1-1-14
730 ILCS 5/5-5-4 20 ILCS 2630/5.2 735 ILCS 5/2-702
Amends the Criminal Identification Act, the Unified Code of Corrections, and the Code of Civil Procedure. Provides that if a conviction has been set aside on direct review or on collateral attack and the court determines by clear and convincing evidence that the petitioner was factually innocent of the charge, the court shall enter an expungement order for the conviction for which the petitioner has been determined to be innocent. Provides that if the petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent as provided in the Code of Civil Procedure. Provides that the court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. Provides that all records sealed by the Department of State Police may be disseminated by the Department only as required by law or to the arresting authority, the State’s Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Provides that upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Provides that upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed.
VICTIM’S FAMILY IMPACT IN PRESENTENCE INVESTIGATION
Public Act 98-372, effective 1-1-14
725 ILCS 120/4.5 730 ILCS 5/5-3-2
Amends the Rights of Crime Victims and Witnesses Act. Provides that the office of the State’s Attorney shall inform the victim’s spouse, guardian, parent, grandparent, and other immediate family and household members of their rights to present an impact statement at sentencing through the victim; and if a presentence report is to be prepared, shall inform the victim’s spouse, guardian, parent, grandparent, and other immediate family and household members, through the victim, of their right to submit information to the preparer of the presentence report about the effect the offense has had on the victim and the person.
Amends the Unified Code of Corrections. Provides that in felony cases, the presentence report shall set forth information provided by the victim’s spouse, guardian, parent, grandparent, and other immediate family and household members about the effect the offense committed has had on the victim and on the person providing the information; if the victim’s spouse, guardian, parent, grandparent, or other immediate family or household member has provided a written statement, the statement shall be attached to the report.
CODE CORRECTIONS – DELINQUENT FINES, ETC.
Public Act 98-373, effective 1-1-14
730 ILCS 5/5-9-3
Amends the Unified Code of Corrections. Provides that in the case of a delinquent fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture, an additional fee covering each taxable court cost including, without limitation, costs of service of process shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court.
RECORD FEES: POLICE OPERATIONS
Public Act 98-375, effective 8-16-13
705 ILCS 105/27.3a
Amends the Clerks of Courts Act. Provides that certain fees imposed for automated record keeping shall be paid by the defendant upon a judgment of guilty or grant of supervision for a violation (instead of “conservation violation”) under certain Acts. Effective immediately.
GRADUATED DRIVER’S LICENSE
Public Act 98-167, effective 1-1-14
625 ILCS 5/6-107 625 ILCS 5/6-108 625 ILCS 5/6-301.3
Amends the Illinois Vehicle Code. Provides the Act may be cited as “Kelsey’s Law”. Prohibits the issuance of a graduated driver’s license to a person under 18 if the person has a traffic citation for which a disposition has not been rendered. Allows the Secretary of State to cancel a minor’s driver’s license if the Secretary determines that at the time of license issuance, the minor held an instruction permit and had a traffic citation for which a disposition had not been rendered.
Allows prosecutors to request the court to invalidate any driver’s license if the driver is convicted of a violation of the Illinois Vehicle Code or similar local ordinance, the violation of which was the proximate cause of the death or Type A injury of another.
VEHICLE CODE- SUPERVISION PROHIBITED
Public Act 98-169, effective 1-1-14
730 ILCS 5/5-6-1
Amends the Unified Code of Corrections. Provides a prohibition on court dispositions of supervision where the defendant’s violation of the Illinois Vehicle Code is the proximate cause of the death of another person applies when the defendant’s driving abstract contains a prior conviction or supervision for a moving violation or a suspension, revocation, or cancellation of his or her license.
VEHICLE CODE-CAR ELECTRONIC TRACKING
Public Act 98-381, effective 1-1-14
720 ILCS 5/21-2.5 new
Summary Amends the Criminal Code of 2012. Provides that a person or entity in the State may not use an electronic tracking device to determine the location or movement of a person. Defines “electronic tracking device”, “State agency”, “telematics”, and “vehicle”. Exempts from the new provisions (1) situations where the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device; (2) the lawful use of an electronic tracking device by a law enforcement agency; (3) when the vehicle is owned or leased by a business that is authorized to transact business in the State and the tracking device is used by the business for the purpose of tracking vehicles driven by employees of that business, its affiliates, or contractors of that business or its affiliates; (4) when the vehicle is under the control of a State agency and the electronic tracking device is used by the agency or the Inspector General with jurisdiction over that agency for the purpose of tracking vehicles driven by employees or contractors of that State agency; or (5) telematic services that were installed by the manufacturer, or installed by or with the consent of the owner or lessee of the vehicle and to which the owner or lessee has subscribed. Provides that consent by the owner or lessee of the vehicle constitutes consent for any other driver or passenger of that vehicle. Provides that a violation of the new provisions is a Class A misdemeanor.
ELECTRONIC COMMUNICATION ILLINOIS VEHICLE CODE
Public Act 98-506, effective 1-1-14
625 ILCS 5/12-610.2
Amends the Illinois Vehicle Code. Expands the prohibition on driving while using an electronic communication device to include uses beyond composing, sending, or reading an electronic message. Expands the exceptions to include the use of hands-free devices, two-way radios, and electronic devices capable of performing multiple functions as long as these devices are not used for a prohibited purpose. Establishes a graduated fine scale for repeat offenses.
Provides that a first offense for driving while using an electronic communication device is not a moving violation.
FATAL ACCIDENT MARKERS
Public Act 98-334, effective 8-13-13
605 ILCS 125/23.1 new
Amends the Roadside Memorial Act. Re-enacts the fatal accident memorial marker program.
Provides that this Act may be referred to as Adam’s Law. Removes the requirement that the Department of Transportation report to the General Assembly an evaluation of the program and the number of fatal accident memorial marker requests. Removes the repeal date.
MOTORCYCLE ROAD GUARDS
Public Act 98-396, effective 1-1-14
625 ILCS 5/11-208
Amends the Illinois Vehicle Code provisions on obedience to traffic officers and powers of local authorities. Provides that local authorities may certify persons to act as traffic control for processions or assemblages, and that persons so certified must be obeyed in the same manner as a police officer, fireman, or crossing guard for the limited purpose of directing traffic.
EXPUNGEMENT-CLASS 3&4 FELONIES; MILITARY SERVICE
Public Act 98-399, effective 8-16-13
20 ILCS 2630/5.2 20 ILCS 2630/13 730 ILCS 5/3-3-2
Amends the Criminal Identification Act and the Unified Code of Corrections. Provides that upon a petition by a person who has been convicted of a Class 3 or Class 4 felony and who has served in the United States Armed Forces or in the National Guard of this or another state and has received an honorable discharge from the Armed Forces or National Guard and who meets specified requirements, the Prisoner Review Board shall hear by at least 3 members and, with the unanimous vote of a panel of 3 members, issue a certificate of eligibility for expungement recommending that the court order the expungement of all official records of the arresting authority, the circuit court clerk, and the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony. Excludes a person convicted of a sex offense, crime of violence, or firearm offense. Provides that if a person has applied to the Board for a certificate of eligibility for expungement and the Board denies the certificate, the person must wait at least 4 years before filing again or filing for a pardon with authorization for expungement from the Governor unless the Governor or Chairman of the Prisoner Review Board grants a waiver.
Provides that the circuit court clerk shall promptly serve a copy of the documentation to support the petition for a certificate of eligibility for expungement or sealing or a pardon by the Governor which specifically authorizes expungement on the State’s Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest. Provides that the petitioner before being eligible for a certificate of eligibility for expungement must have first been convicted of a Class 3 or Class 4 felony and then thereafter served in the United States Armed Forces or National Guard of this or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or must at the time of the filing of the petition be enlisted in the United States Armed Forces or National Guard of this or any other state and served one tour of duty. Effective immediately.
Public Act 98-405, effective 1-1-14
625 ILCS 5/1-159.1
Expands the list of health impairments qualifying a person as disabled by adding mobility limitations resulting from cancer or its treatment.
SPEEDING – CONSTRUCTION ZONE
Public Act 98-337, effective 1-1-14
625 ILCS 5/11-605.1
Creates separate offenses for exceeding the speed limit in a construction or maintenance zone when workers are present and exceeding the speed limit in a construction or maintenance zone when workers are not present. Both provide for minimum fines of $250.
Limits the provision on suspending a person’s driver’s license for multiple violations of the speed limit for construction zones to violations that occurred while workers were present.
SPECIAL HAULING VEHICLES
Public Act 98-409, effective 1-1-14
625 ILCS 5/15-111
Amends the Illinois Vehicle Code. Extends the model years of Special Hauling Vehicles by 10 years. Effective January 1, 2014.
VEHICLE CODE-3-AXLE MIXERS:WEIGHT
Public Act 98-410, effective 8-16-13
625 ILCS 5/15-111
Amends the Illinois Vehicle Code. Provides that a 3-axle truck mixer registered as a Special Hauling Vehicle, used exclusively for the mixing and transportation of concrete in the plastic state, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; and 54,000 pounds gross weight on a 3-axle vehicle. Provides that a 3-axle combination sewer cleaning jetting vacuum truck registered as a Special Hauling Vehicle, used exclusively for the transportation of non-hazardous solid waste, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle. Provides that both of these vehicles are not subject to the bridge formula. Removes provisions limiting to vehicles manufactured before or in the model year of 2014 and first registered in Illinois before January 1, 2015 the applicability of weight limit exceptions for certain 4-axle special hauling vehicles. Effective immediately.
CRIMINAL ID-EXPUNGEMENT & SEALING; RECONSIDERATIONS
Public Act 98-163, effective 8-5-13
20 ILCS 2630/14
Amends the Criminal Identification Act. Provides that prior to the hearing on the objection to the expungement or sealing of criminal records, the State’s Attorney shall consult with the Department of State Police as to the appropriateness of the relief sought in the petition to expunge or seal. Provides that the Department of State Police shall send written notice to the petitioner of its compliance with each order to expunge or seal records within 60 days of the date of service of that order or, if a motion to vacate, modify, or reconsider is filed, within 60 days of service of the order resolving the motion, if that order requires the Department to expunge or seal records. In the event of an appeal from the circuit court order, the Department shall send written notice to the petitioner of its compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within 60 days of the issuance of the court’s mandate. Provides that the notice is not required while any motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate review, is pending. Provides that upon request of a State’s Attorney or the Attorney General, the Department of State Police shall provide within 90 days a list of all orders to expunge or seal with which the Department has not yet complied. Provides that this list shall include the date of the order, the name of the petitioner, the case number, and a detailed statement of the basis for non-compliance. Effective immediately.
MULTIPLE DRIVERS LICENSE SUSPENSIONS OR REVOCATIONS
Public Act 98-418, effective 8-16-13
625 ILCS 5/6-303 (also see SB1764)
Amends the Illinois Vehicle Code. Allows multiple suspensions and revocations to exist simultaneously on a driver’s license. Allows for graduated penalties for multiple violations if any of the prior convictions were a result of the driver’s license being suspended for the same underlying offense as the present violation.
Provides that a person’s driver’s license, permit, or privilege to obtain a driver’s license or permit may be subject to multiple simultaneous suspensions or revocations. Provides that one suspension or revocation does not negate any others. Provides that graduated penalties for repeat violations of driving on a suspended or revoked license may be imposed if the prior convictions were for driving on a license that was suspended or revoked for any of the following reasons: (1) driving under the influence, (2) failing to stop the vehicle after being involved in an accident involving death or personal injury, (3) refusing to submit to chemical testing upon suspicion of driving under the influence, or (4) reckless homicide. Effective immediately.
Comment: The bill reverses People v. Heritsch (2012 IL App (2d) 090719) where the court held that an individual who was originally revoked for a drug related-felony could not now be charged with an enhanced 6-303 based on a later revocation for DUI. In essence, the court held that you cannot re-revoke an already revoked license.
VETERAN COMMERCIAL DRIVERS LICENSE APPLICATIONS
Public Act 98-0052, effective 1-1-14
625 ILCS 5/6-508
Amends the Illinois Vehicle Code. Simplifies the requirements for a skills test waiver to include any driver with military commercial vehicle experience that also meets the requirements of 49 C.F.R. 383.77.
AGGRAVATED DEVICE USE – TRAFFIC ACCIDENT
Public Act 98-507, effective 1-1-14
625 ILCS 5/12-604.1 625 ILCS 5/12-610.1 625 ILCS 5/12-610.2
Amends the Illinois Vehicle Code. Creates an aggravated offense for driving while using a video device, wireless telephone, or electronic communication device. A person convicted of driving while using a video device, wireless telephone, or electronic communication device commits a Class A misdemeanor if in committing the violation the person was involved in a motor vehicle accident that resulted in great bodily harm, permanent disability, or disfigurement to another and the violation was a proximate cause of the injury. A person convicted of driving while using a video device, wireless telephone, or electronic communication device commits a Class 4 felony if in committing the violation the person was involved in a motor vehicle accident that resulted in the death of another person and the violation was a proximate cause of the death. Effective January 1, 2014.
COUNTY-SHERIFF – WARRANTS STORAGE
Public Act 98-250, effective 8-9-13
55 ILCS 5/3-6019
Amends the Counties Code. Provides that if an arrest warrant upon complaint or a warrant of arrest due to failure to appear originated from a law enforcement agency other than the county sheriff’s office, then the county sheriff of a county with a population of more than 600,000 may require that law enforcement agency to store and maintain the warrant, enter the warrant into the Illinois Law Enforcement Agencies Data System and the National Crime Information Center Database, and arrange for transportation of the wanted person to the county jail. Further provides that the originating agencies may contract with the county sheriff or another law enforcement agency to store, maintain and provide transportation of the wanted person to the county jail, and that any law enforcement agency or regional dispatch center may act as holder of the warrant for an originating agency that has no telecommunications equipment. Effective immediately.
COUNTIES CODE-CASA FEE
Public Act 98-331, effective 8-13-13
55 ILCS 5/5-1101
Amends the Counties Code. Allows the county board to impose an additional fee of $10 to $30 on convictions and grants of supervision for felonies, misdemeanors, petty offenses, and business offenses, to be used to support Court Appointed Special Advocate services. Effective immediately.
VEHICLE CODE-SEAT BELTS-EXCEPTIONS
Public Act 98-451, effective 8-16-13
625 ILCS 5/12-603.1
Amends the Illinois Vehicle Code. Provides that the exception to safety belt requirements does not apply to vehicles of the fire department; vehicles of the Office of the State Fire Marshal; or ambulances, unless the delivery of life-saving measures prohibits the use of a seat safety belt. Effective immediately.
CRIMINAL CODE-CLOUDING TITLE
Public Act 98-098, effective 1-1-14
720 ILCS 5/32-13
Amends the Criminal Code of 2012. Provides that unlawful clouding of title is a Class A misdemeanor for a first offense if the cloud on the title has a value that does not exceed $10,000. Provides that unlawful clouding of title is a Class 4 felony if the cloud on the title has a value that exceeds $10,000, or for a second or subsequent offense.
Public Act 98-463, effective 8-16-13
Multi 625, 720, 725, 730, etc. ILCS
Creates the First 2013 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.
CODE CORRECTIONS -EARLY RELEASE-EMAIL
Public Act 98-267, effective 1-1-14
730 ILCS 5/3-14-1
Amends the Unified Code of Corrections. Provides that written notification of any release of any person who has been convicted of a felony shall be provided electronically to the appropriate State’s Attorney, sheriff, law enforcement agency, or public housing agency if the State’s Attorney, sheriff, proper law enforcement agency, or public housing agency has provided the Department with an accurate and up to date email address.
VEHICLE CODE – USE OF OSCILLATING LIGHTS
Public Act 98-468, effective 8-16-13
625 ILCS 5/1-105 625 ILCS 5/12-215 625 ILCS 5/12-215.1 new
Amends the Illinois Vehicle Code. Provides that the definition of “authorized emergency vehicle” includes vehicles of the Illinois Department of Corrections and vehicles of the Illinois Department of Juvenile Justice, and exempts those vehicles from certain restrictions on the use of oscillating, rotating or flashing lights on motor vehicles. Removes vehicles of the Department of Nuclear Safety from the list of vehicles allowed to use oscillating, rotating, or flashing lights. Provides that no person not authorized by law may have flashing lights, sirens, or any other indicia of emergency vehicle authority in their vehicles. Provides that a violation of this Section is a Class A misdemeanor. Provides that law enforcement officers may seize both the prohibited equipment and the vehicle that contains the prohibited equipment, and hold both for evidentiary purposes. Provides that the equipment may be returned by the court when it is no longer needed for evidentiary purposes provided that the person can prove to the court by a preponderance of the evidence that the device or mechanism will be used for a legitimate and lawful purpose. Effective immediately.
CRIMINAL IDENTIFICATION SEALING EXPANSION
Public Act 98-142, effective 1-1-14
20 ILCS 2630/5.2
Amends the Criminal Identification Act. Allows a person to petition the court and the court to order the sealing of: (1) Class 3 felony conviction records for theft, retail theft, deceptive practices, possession with intent to deliver a controlled substance, and forgery; and (2) Class 4 felony conviction records for possession of cannabis, possession of a controlled substance, violation of the Methamphetamine Precursor Control Act, violation of the Steroid Control Act, prostitution, theft, retail theft, deceptive practices, forgery, and possession of burglary tools (rather than only Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution under current law). The sealing is allowed 4 years after termination of the person’s last sentence. Requires a person petitioning to seal a drug offense to pass a drug test within the 30 days preceding the filing of the petition to seal.
Provides factors for the court to consider in granting or denying a petition to expunge or seal a criminal history record.
Public Act 98-472, effective 1-1-14
415 ILCS 105/8
Amends the Litter Control Act. Provides that a person who violates a specific provision of the Act is subject to a mandatory minimum fine of $50.
Public Act 98-483, effective 1-1-14
415 ILCS 105/3
Amends the Litter Control Act. Changes the definition of “litter” to include cigarettes. Sec. 8. Persons who violate any of Sections 4 through 7 are subject to the penalties set out in this Section. (a) Any person convicted of a violation of Section 4, 5, 6 or 7 is guilty of a Class B misdemeanor. A second conviction for an offense committed after the first conviction is a Class A misdemeanor. A third or subsequent violation, committed after a second conviction is a Class 4 felony.
VEHICLE CODE – BICYCLE OVERTAKING
Public Act 98-485, effective 1-1-14
625 ILCS 5/11-704
Amends the Illinois Vehicle Code. Provides that the prohibition on 2 wheeled vehicles passing on the right of another vehicle does not apply to devices propelled by human power.
ARREST RECORDS & DATABASE COMPANIES
Public Act 98-555, effective 1-1-14
5 ILCS 160/4a 50 ILCS 205/3b 815 ILCS 505/2QQQ new
Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that it is an unlawful practice for any person engaged in publishing or otherwise disseminating criminal record information through a print or electronic medium to solicit or accept the payment of a fee or other consideration to remove, correct, or modify said criminal record information. Defines “criminal record information”.
Amends the State Records Act and the Local Records Act. Makes conforming changes.
TRANSPORTATION-TOW VEHICLE LIGHTS
Public Act 98-080, effective 7-15-13
625 ILCS 5/12-215
Amends the Illinois Vehicle Code. Provides that tow vehicles may be equipped with and operate yellow and white oscillating, rotating, or flashing lights in combination. Effective immediately.
VEHICLE CODE-AUTOMATED ENFORCEMENT; SCHOOL BUS
Public Act 98-556, effective 1-1-14
625 ILCS 5/1-105.2 625 ILCS 5/6-306.5 625 ILCS 5/11-208
625 ILCS 5/11-208.3 625 ILCS 5/11-208.9 new
Amends the Illinois Vehicle Code. Expands the definition of an automated traffic law enforcement system to include cameras installed on school buses that record images of vehicles that overtake or pass the school bus while it is engaged in receiving or disembarking passengers, provided the school bus has the visual signals required by law including extendable stop signs and flashing lights. Provides that municipalities and counties may authorize school districts to enter into contracts with vendors to install and operate an automated traffic law enforcement system on the district’s school buses. Provides that violations recorded must be reviewed by certified technicians or law enforcement officers to verify that a violation has occurred. Establishes notice requirements for violations and provides for administrative adjudication of violations. Provides that a first time violation carries a civil penalty of $150, with subsequent violations carrying a civil penalty of $500, and that the offense shall not be a moving violation recorded on the driver’s driving history. Provides that failure to pay or successfully contest the violation can result in suspension of the driver’s license. Provides that recorded images shall be made available to the driver on a website. Requires school buses equipped with cameras to have signs stating that the school bus is equipped with an automated traffic law enforcement system. Requires the municipality or county to list the school districts using automated traffic law enforcement systems on its website. Requires school districts using an automated traffic law enforcement system to post this information on their websites. Requires the municipality or county to conduct a statistical analysis of the safety impact of the use of automated traffic law enforcement systems on school buses.
Provides that the elected school boards of individual school districts must approve the use of automated traffic law enforcement systems on their school buses. Provides that after approving the use of an automated traffic law enforcement system, the school district must enter into an intergovernmental agreement with the municipality or county to handle the administration of the automated traffic law enforcement system. Provides that the proceeds of any fines will be divided equally between the school district and the municipality or county administering the automated traffic law enforcement system.
Public Act 98-512, effective 1-1-14
625 ILCS 5/11-1419 rep.
Amends the Illinois Vehicle Code. Repeals the Section placing limits on the amount of time an owner can require an employee to operate a motor vehicle.
ELECTRONIC INTERROGATION RECORDING – OTHER CRIMES
Public Act 98-547, effective 1-1-14
705 ILCS 405/5-401.5 725 ILCS 5/103-2.1
Amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Provides an oral, written, or sign language statement of a person made as a result of a custodial interrogation at a police station or other place of detention shall be presumed to be inadmissible against the minor or adult in a juvenile or criminal court proceeding for certain criminal offenses when the interrogation occurs on or after certain specified dates, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered.
Provides the standard for inadmissibility of a recorded statement given in violation of the additional offenses list be that the interrogators were unaware of facts and circumstances that would create probable cause to believe the person had committed one of the offenses.
Effective June 1, 2014: Predatory Crim Sex Assault & Agg Arson.
Effective June 1, 2015: Agg Kidnap, Agg Veh Hijack; & Home invasion.
Effective June 1, 2016: Agg Crim Sex Assault; Armed Robbery & Agg Batt
PUBLISHING TOLL VIOLATORS
Public Act 98-559, effective 1-1-14
605 ILCS 10/10
Amends the Toll Highway Act. Allows the Illinois State Toll Highway Authority to publish the names of toll violators on their website along with the amount of fines and unpaid tolls owed by each violator. Applicable only to persons or entities owing at least $1000, after the exhaustion of administrative remedies. Provides that the online listing may include the name of the person or entity as it appears on the final order of liability.
VEHICLE CODE-CERTIFICATE OF SAFETY
Public Act 98-489, effective 1-1-14
625 ILCS 5/13-111
Amends the Illinois Vehicle Code. Provides that operating a motor vehicle without a required certificate of safety is a petty offense with a minimum fine of $95 and a maximum fine of $250, unless the violation is contemporaneous with a motor vehicle accident, in which case a violation is a Class C misdemeanor.
DNR: WATERCRAFT, OFFENSES
Public Act 98-102, effective 7-22-13
625 ILCS 45/5-4 625 ILCS 45/5-22 625 ILCS 45/11A-2
625 ILCS 45/11A-3
Amends the Boat Registration and Safety Act. Provides that water skiers, tubers, parasailers, or other persons towed by the motorboat shall be considered part of the total number of passengers and cargo allowed by a watercraft’s capacity plate for the purpose of determining a motorboat’s carrying capacity.
Provides that a person that falsely alters a water usage stamp, falsifies a record under this Act, or counterfeits any license under this Act is guilty of a Class A misdemeanor.
Provides that a violation of certain provisions concerning boat rental service providers is a Class B misdemeanor. To the definition of “authorized emergency watercraft”, adds vehicles equipped with alternately flashing blue lights. Effective immediately.
DUI BAC BOAT; ILLINOIS VEHICLE CODE SUSPENSION
Public Act 98-103, effective 1-1-14
625 ILCS 5/6-206 625 ILCS 45/5-16c new
Amends the Illinois Vehicle Code. Authorizes the Secretary of State to suspend a person’s driver’s license for operating a watercraft under the influence of alcohol or other intoxicating compounds. Rescission hearing & RDP available through the Secretary of State.
Amends the Boat Registration and Safety Act. Provides that any person operating a motorboat in this State that is involved in a boating PI/death accident shall be deemed to have given consent to the chemical testing of their blood, breath, or urine for the purpose of determining the content of alcohol, other drug or drugs, or intoxicating compound or compounds. Provides that if the operator refuses testing, or submits to testing and the testing indicates a blood alcohol content of 0.08 or the presence of other drugs or intoxicating compounds, that person can have their driver’s license suspended under the statutory suspension procedures of the Illinois Vehicle Code.
Public Act 98-153, effective 1-1-14
625 ILCS 5/12-503
Amends the Illinois Vehicle Code. Preempts home rule powers with respect to window tints.
LOW SPEED & NON-HIGHWAY VEHICLES; BOATS
Public Act 98-567, effective 1-1-14
625 ILCS 5/11-1426.1 625 ILCS 45/4-1
Amends the Section on non-highway vehicles to allow non-highway vehicles to cross a highway under the jurisdiction of the State, with the exception of tollways, interstate highways, and controlled access highways, at any intersection of that highway with another public street, road, or highway. Removes the requirement that the highway being crossed have a posted speed limit of 35 miles per hour or less, as well as the requirement that the intersection be controlled by a traffic light or 4-way stop sign.
Amends the Boat Registration and Safety Act. Provides that racing shells, rowing sculls, racing canoes, and racing kayaks are not required to carry personal flotation devices as long as they are participating in an event that the Department of Natural Resources has sanctioned as being personal flotation device optional. Provides that the Department of Natural Resources may adopt rules for sanctioning personal flotation device optional events.
CRIMINAL IDENTIFICATION -CONVICTION-DATA – ETHNICITY
Public Act 98-528, effective 1-1-15
20 ILCS 2630/4.5 new 20 ILCS 2630/5
20 ILCS 2635/3 20 ILCS 3930/3
730 ILCS 5/3-2.5-15 730 ILCS 5/3-5-1
730 ILCS 5/3-5-3
Amends the Criminal Identification Act. Requires collection of ethnic and racial data on each person arrested, or in IDOC or DJJ. The data is to be included in Department of Correction or Department of Juvenile Justice records. Provides procedures for collection of the data.
Amends the Illinois Uniform Conviction Information Act and the Illinois Criminal Justice Information Act. Includes the collected ethnic and racial data as criminal history record information under the Illinois Uniform Conviction Information Act and the Illinois Criminal Justice Information Act. Requires the annual report of the Department of Corrections to the Governor and General Assembly to include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, and programs
Requires collection of ethnic and racial data on each adult or juvenile arrested at the following points of contact: (1) at arrest or booking by the supervising law enforcement agency; (2) upon imprisonment in the Department of Corrections or the Department of Juvenile Justice; and (3) upon transfer from the Department of Juvenile Justice to the Department of Corrections. Provides procedures for collection of the data. Effective date 1-1-15.
PEACE OFFICER IDENTIFICATION CARDS
Public Act 98-323, effective 1-1-14
15 ILCS 335/4 15 ILCS 335/5; 625 ILCS 5/6-106;625 ILCS 5/6-110
Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Allows peace officers to provide their work address in lieu of their home address when applying for an Identification Card or driver’s license.
For purposes of this Section defines peace officer as any person who by virtue of his or her office or public employment is vested by law with a duty to maintain public order or to make arrests for a violation of any penal statute of this State, whether that duty extends to all violations or is limited to specific violations.
ACCIDENTS WHILE LICENSE SUSPENDED OR REVOKED
Public Act 98-285, effective 1-1-14
625 ILCS 5/6-303
Amends the Illinois Vehicle Code. Raises the penalty for a violation of the restriction on driving while a license is suspended or revoked if the violation results in an accident that causes bodily injury to a Class 4 felony for a second or subsequent violation of this Section. Provides that personal injury includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor’s office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.
COMMERCIAL DRIVER’S LICENSE
Public Act 98-176, effective 7-1-14
625 ILCS multi
Amends the Illinois Vehicle Code. Replaces the commercial driver instruction permit with the Commercial Learner’s Permit (CLP). Allows retesting applicants or cancelling a CODEL or CLP for fraud in the issuance of the CODEL or CLP. Changes the definition of tank vehicle and commercial motor vehicle. Defines endorsement, manual transmission, third party tester and third party skills test examiner. Effective July 1, 2014.
DRIVING ON SUSPENDED OR REVOKED LICENSE; DUI PENALTY
Public Act 98-573, effective 8-27-13
625 ILCS 5/6-303 (also see HB2477)
625 ILCS 5/11-501
Amends the Illinois Vehicle Code. Provides that a person’s driver’s license, permit, or privilege to obtain a driver’s license or permit may be subject to multiple simultaneous suspensions or revocations. Provides that one suspension or revocation does not negate any others. Provides that graduated penalties for repeat violations of driving on a suspended or revoked license may be imposed if the prior convictions were for driving on a license that was suspended or revoked for any of the following reasons: (1) driving under the influence, (2) failing to stop the vehicle after being involved in an accident involving death or personal injury, (3) refusing to submit to chemical testing upon suspicion of driving under the influence, or (4) reckless homicide.
Provides that it is a factor in aggravation of driving under the influence to do so while transporting passengers of any age in a school bus or vehicle for-hire. Effective immediately.
Comment: Reverses holding in People v. Heritsch (2012 IL App [2d] 090719) where the court held that an individual who was originally revoked for a drug-related felony could not now be charged with an enhanced 6-303 based on a later revocation for DUI.
Public Act 98-521, effective 8-23-13
625 ILCS 5/7-602 215 ILCS 5/143.33 new
Amends the Illinois Vehicle Code. Allows insurance companies to provide insurance cards in electronic format. Allows motorists to provide proof of insurance through display of an electronic image on a portable electronic device. Provides that display of an electronic image in this manner does not constitute consent for a law enforcement officer, court, or officer of the court to access other contents of the electronic device.
Amends the Illinois Insurance Code. Allows insurance companies to post policies to an Internet website. Sets requirements on the storage and posting of electronically stored information as well as requirements on notice to the insured. Allows insurers to offer discounts to insureds that elect to receive notices and documents electronically.
House Committee Amendment No. 1
Provides that law enforcement officers, courts, and officers of the court are immune from liability resulting from damage to a mobile electronic device used to present an electronic insurance card. Clarifies that an insurance card issued in electronic format must adhere to all laws and rules governing the form and content of insurance cards. Effective immediately.
Public Act 98-575, effective 1-1-14
730 ILCS 110/9b 705 ILCS 405/5-715 730 ILCS 5/5-6-3
Amends the Probation and Probation Officers Act. Defines “transfer case” as any case where an adult or juvenile offender seeks to have supervision transferred from one county to another or from another state to a county in Illinois, and the transfer is approved by a judicial officer, a probation or court services department, or through an interstate compact.
Amends the Juvenile Court Act of 1987 and the Unified Code of Corrections. Provides that jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Provides that further transfers or retransfers of jurisdiction are also authorized in the same manner. Provides that the court to which jurisdiction has been transferred shall have the same powers as the sentencing court. Provides that the probation department within the circuit to which jurisdiction has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender as provided in the Unified Code of Corrections. Provides that for all transfer cases, as defined in the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer. Provides that after the transfer all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred.
Provides that if the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
BLOOD TEST REIMBURSEMENT/DUI
Public Act 98-292, effective 1-1-14
625 ILCS 5/11-501.01
Amends the Illinois Vehicle Code. Makes persons subject to blood tests for refusal to submit to a breath test or suspicion of the ingestion, consumption, or use of drugs liable for the cost of employing a medical professional to perform the test up to a maximum of $500 if the person is (1) found guilty of violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance, or (2) pleads guilty to or stipulates to facts supporting a violation of Section 11-503 of the Illinois Vehicle Code or a similar local ordinance when the person was originally charged with violating Section 11-501 of the Illinois Vehicle Code or a similar local ordinance. Allows reimbursement even if the person does not consent to the blood draw.
Adds a cross reference to a Section of the Code that requires a police officer to request a blood draw if he or she suspects that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof has caused the death or personal injury to another. Allows reimbursement whether the blood draw takes place at a law enforcement facility or a health care facility.
CRIMINAL PROCEDURE ARREST AUTHORITY
Public Act 98-576, effective 1-1-14
725 ILCS 5/107-4
Amends the Code of Criminal Procedure of 1963, to allow a peace officer to conduct temporary questioning or make an arrest outside of his or her jurisdiction, if the officer is engaged in the investigation of criminal activity that occurred in the officer’s primary jurisdiction and the temporary questioning or arrest relates to, arises from, or is conducted pursuant to that investigation.
Comment: response to People v. Contreras, 2011 IL App (2d) 100930, which held knowledge of other police officer’s who’d stopped another suspect at another location (in Darien,2 bricks of cocaine seized from him) could not be attributable to the surveillance Chicago police who stopped defendant in Bolingbrook, a person associated with a drug house occasionally visited by both men. A consent search revealed $2,000 in cash. 725 ILCS 5/107-4 (a-3) 2 requires the officer in a non-adjoining municipality be “personally aware” of the immediate commission of a felony or misdemeanor violation.
CODE CORRECTIONS -MINIMUM TERM-DETENTION = ELECTRONIC HOME MONITORING
Public Act 98-161, effective 1-1-14
730 ILCS 5/5-1-10 730 ILCS 5/5-8A-8 new
Amends the Unified Code of Corrections. Amends the definition of “imprisonment” to include electronic home detention served by an offender after the offender has been committed to the custody of the sheriff to serve the sentence and the sheriff has placed the offender in an electronic home detention program. Provides that when an offender is sentenced under a provision of law that requires the sentence to include a minimum term of imprisonment and the offender is committed to the custody of the sheriff to serve the sentence, the sheriff may place the offender in an electronic home detention program for service of that minimum term of imprisonment unless the offender was convicted of an excluded offense as defined in the Electronic Home Detention Law or the court’s sentencing order specifies that the minimum term of imprisonment shall be served in a county correctional facility.
CODE CORRECTIONS -MEG FUNDING
Public Act 98-537, effective 8-23-13
730 ILCS 5/5-9-1.1 730 ILCS 5/5-9-1.1-5
Synopsis As Introduced
Amends the Unified Code of Corrections. Provides that the $25 assessment for drug related and methamphetamine related offenses shall be deposited into the Criminal Justice Information Projects Fund (rather than the Drug Traffic Prevention Fund) and that moneys in the Fund received under these provisions shall be appropriated to and administered by the Illinois Criminal Justice Information Authority (rather than the Department of State Police) for funding of drug task forces and Metropolitan Enforcement Groups in accordance with the Intergovernmental Drug Laws Enforcement Act.
Effective July 1, 2013.
DRIVER’S LICENSE CANCELLATION
Public Act 98-178, effective 1-1-14
625 ILCS 5/6-201 625 ILCS 5/6-306.6
625 ILCS 5/7-214 625 ILCS 5/7-303
625 ILCS 5/7-316.1
Amends the Illinois Vehicle Code. Allows the Secretary of State to cancel the driver’s license of a nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released from the requirement of showing proof of financial responsibility. Limits the Secretary of State’s authority to deny renewal upon notification that a driver has an unpaid fine in another state to only those states that are members of the Nonresident Violator Compact of 1977. Allows the Secretary of State to suspend the registration, plates, and registration sticker of a judgment debtor’s motor vehicle if that vehicle was involved in the crash leading to the judgment as indicated by the authenticated crash report. Allows the Secretary of State to transfer the balance of a security posted with the Secretary to the State Treasury if, after releasing security to a judgment debtor or claimant, the balanced is $5 or less. Requires the Secretary to compile a list of all security amounts $5 or less annually and file this list with the State Treasurer.
Provides that if the amount of security posted with the Secretary of State is $5 or less after payment to a judgment debtor or claimant, the balance shall be transferred to the General Revenue Fund. Provides that the Secretary shall compile a list of all security amounts of $5 or less every July and certify this amount to the State Comptroller. Provides that once the Comptroller receives this certification, her or she shall order the State Treasurer to transfer that amount to the General Revenue Fund.
VEHICLE CODE-MANDATORY INSURANCE MINIMUM
Public Act 98-519, effective 1-1-15
625 ILCS 5/1-164.5 625 ILCS 5/7-203
625 ILCS 5/7-311 625 ILCS 5/7-317
Amends the Illinois Vehicle Code. Increases the minimum mandatory coverage amounts for liability insurance policies in this State and increases the amounts sufficient to satisfy a judgment following a motor vehicle accident as follows: bodily injury or death to any one person from $20,000 to $25,000; bodily injury or death to more than one person from $40,000 to $50,000; and injury or destruction of property of others from $15,000 to $20,000. Applicable to policies issued or renewed after 1-1-15. Effective 1-1-15.
INSURANCE & VEHICLE REGISTRATION
Public Act 98-539, effective 1-1-15
625 ILCS 5/3-405 625 ILCS 5/3-415 625 ILCS 5/3-918 new
Amends the Illinois Vehicle Code. Provides that individuals that provide false insurance information in connection with an application for issuance or renewal of vehicle registration are guilty of a Class C misdemeanor. Provides that registration will not be issued if certain insurance information is not provided. Requires remittance agents to ask for insurance information in connection with an application for issuance or renewal of vehicle registration and to provide this information to the Secretary of State upon remittance.
Provides that the provisions of this Act shall not apply until the beginning of the 2016 registration year.
CRIM PROCEDURE – BUSINESS RECORD FOUNDATION VIA AUDIO/VIDEO
Public Act 98-579, effective 1-1-14
725 ILCS 5/115-5
Amends the Code of Criminal Procedure of 1963. Provides that upon request of the moving party and with reasonable notice given to the opposing party, in a criminal prosecution in which the defendant is accused of an offense under Article 16 or 17 of the Criminal Code of 1961 or the Criminal Code of 2012, the court may, for good cause and upon appropriate safeguards, permit foundational testimony business records as evidence in open court by means of a contemporaneous audio and video transmission from a different location. Requires the foundational testimony business record to be live, subject to cross examination, and transmitted by audio or video transmission from outside of Illinois.
Comment: Case-specific findings of necessity required for such a practice, akin to remote child victim testimony. Necessity shown in various cases when a witness is too ill to travel and when a witness is located outside the United States with no method of rendition. While efficiency and security (inmate witness) are important concerns, they are not controlling.
RECKLESS DRIVING – IMPOUND
Public Act 98-518, effective 8-22-13
625 ILCS 5/11-208.7
Amends the Illinois Vehicle Code. Authorizes municipalities to adopt procedures for the impoundment of vehicles used in the commission of a reckless driving offense (a) as part of a funeral procession or (b) in such a manner that interferes with a funeral procession. Effective immediately.
ZOO PARKS-POLICE POWERS
Public Act 98-500, effective 8-16-13
70 ILCS 835/1
Amends the Forest Preserve Zoological Parks Act to clarify the effects of both Public Act 80-320 and Public Act 80-414. Provides that a forest preserve district, containing a population of 140,000 or more, or the directors or trustees of such zoological society when so authorized by the forest preserve district, may police the property of the zoological park, employ, establish, maintain and equip a security force for fire and police protection of the zoological park, and provide that the personnel of the security force shall perform other tasks relating to the maintenance and operation of the zoological park. Validates the exercise of those police powers from the effective date of Public Act 80-1364 until the effective date of the amendatory Act. Effective immediately.
VEHICLE CODE-SPEED LIMITS-70 MPH; SPEED MISDEMEANORS
Public Act 98-511, effective 1-1-14
625 ILCS 5/11-601 625 ILCS 5/11-602 625 ILCS 5/11-603
625 ILCS 5/1-187.001 625 ILCS 5/11-601.5
Amends the Illinois Vehicle Code. Provides the maximum speed limit outside an urban district for any vehicle is (1) 70 miles per hour on any interstate highway; (2) 70 miles per hour for all or part of highways that are designated by the Department of Transportation, have at least 4 lanes of traffic, and have a separation between the roadways moving in opposite directions; and (3) 65 miles per hour for all other highways, roads, and streets. Provides that the counties of Cook, DuPage, Kane, Lake, McHenry, Madison, St. Clare and Will may adopt ordinances establishing speed limits lower than these speeds. Permits the Department of Transportation and Toll Highway Authority to alter speed limits up to the new maximum speed limit.
Adds a reduction in the speed required in excess of the legal speed limit to constitute a serious traffic violation for purposes of the Illinois Vehicle Code from 30 MPH or more above the legal speed limit to 26 MPH or more. Adds provision reducing by 5 MPH the thresholds for a Class B (26+) or Class A (35+) misdemeanor speeding violation.