(625 ILCS 5/12-613) Sec. 12-613. Possession and use of radar or laser jamming devices prohibited. (a) Except as provided in subsection (b), a person may not operate or be in actual physical control of a motor vehicle while
the motor vehicle is equipped with any instrument designed to interfere
with microwaves or lasers at frequencies used by police radar for the purpose
of
monitoring vehicular speed. (b) A person operating a
motor vehicle who
possesses within the vehicle a radar or laser jamming device that is
contained
in a
locked opaque box or similar container, or that is not in the passenger
compartment of the vehicle, and that is not in operation, is not in
violation of this Section.
(c) Any person found guilty of violating this Section is guilty of a
petty offense. A minimum fine of $50 shall be imposed for a first offense
and a minimum fine of $100 for a second or subsequent offense.
(d) The radar or laser jamming device or mechanism shall be seized by
the
law
enforcement officer at the time of the violation. This Section does not authorize the permanent forfeiture to the State of any
radar or laser jamming device or mechanism. The device or mechanism
shall
be
taken and held for the period when needed as evidence. When no longer
needed for evidence, the defendant may petition the court for the return of
the device or mechanism. The defendant, however, must prove to the court by
a preponderance of the evidence that the device or mechanism will be used
only for a legitimate and lawful purpose.
(e) A law enforcement officer may not stop or search any motor vehicle or the driver of any motor vehicle solely on the basis of a
violation or suspected violation of this Section.
(Source: P.A. 94-594, eff. 1-1-06; 95-331, eff. 8-21-07.) |