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| Public Act 102-0060 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Roadside Memorial Act is amended by | ||||
changing Sections 5, 20, and 23.1 as follows: | ||||
(605 ILCS 125/5)
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Sec. 5. Purpose of the Roadside Memorial program. The | ||||
Roadside Memorial program is intended to raise public | ||||
awareness of traffic fatalities impaired driving by | ||||
emphasizing the dangers while affording families an | ||||
opportunity to remember the victims of traffic crashes | ||||
involving impaired drivers.
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(Source: P.A. 95-398, eff. 1-1-08.) | ||||
(605 ILCS 125/20)
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Sec. 20. DUI memorial markers. | ||||
(a) A DUI memorial marker erected before July 1, 2021 | ||||
shall consist of a white on blue panel bearing the message | ||||
"Please Don't Drink and Drive". A DUI memorial marker erected
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on or after July 1, 2021 shall consist of a white on blue panel
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bearing the message "Don't Drive Under the Influence". At the | ||||
request of the qualified relative, a separate panel bearing | ||||
the words "In Memory of (victim's name)", followed by the date | ||||
of the crash that was the proximate cause of the loss of the | ||
victim's life, shall be mounted below the primary panel. This
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amendatory Act of the 102nd General Assembly does not require
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the removal or replacement of any memorial markers erected
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before July 1, 2021. | ||
(b) A DUI memorial marker may memorialize more than one | ||
victim who died as a result of the same DUI-related crash. If | ||
one or more additional DUI crash deaths subsequently occur in | ||
close proximity to an existing DUI memorial marker, the | ||
supporting jurisdiction may use the same marker to memorialize | ||
the subsequent death or deaths, by adding the names of the | ||
additional persons. | ||
(c) A DUI memorial marker shall be maintained for at least | ||
2 years from the date the last person was memorialized on the | ||
marker. | ||
(d) The supporting jurisdiction has the right to install a | ||
marker at a location other than the location of the crash or to | ||
relocate a marker due to restricted room, property owner | ||
complaints, interference with essential traffic control | ||
devices, safety concerns, or other restrictions. In such | ||
cases, the sponsoring jurisdiction may select an alternate | ||
location. | ||
(e) The Department shall secure the consent of any | ||
municipality before placing a DUI memorial marker within the | ||
corporate limits of the municipality. | ||
(f) A fee in an amount to be determined by the supporting | ||
jurisdiction may be paid in whole or in part from the Roadside | ||
Memorial Fund if moneys are made available by the Department | ||
of Transportation from that Fund or may be charged to the | ||
qualified relative to the extent moneys from that Fund are not | ||
made available. The fee shall not exceed the costs associated | ||
with the fabrication, installation, and maintenance of the DUI | ||
memorial marker.
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(Source: P.A. 95-398, eff. 1-1-08; 96-667, eff. 8-25-09.) | ||
(605 ILCS 125/23.1) | ||
Sec. 23.1. Fatal accident memorial marker program. | ||
(a) The fatal accident memorial marker program is intended | ||
to raise public awareness of traffic fatalities caused by | ||
reckless driving or other means by emphasizing the dangers | ||
while affording families an opportunity to remember the | ||
victims of traffic crashes involving reckless drivers. | ||
(b) As used in this Section, "fatal accident memorial | ||
marker" means a marker on a highway in this State | ||
commemorating one or more persons who died as a proximate | ||
result of a crash caused by a driver who committed an act of | ||
reckless homicide in violation of Section 9-3 or 9-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or who | ||
otherwise caused the death of one or more persons through the | ||
operation of a motor vehicle. | ||
(c) For purposes of the fatal accident memorial marker | ||
program in this Section, the provisions of Section 15 of this | ||
Act applicable to DUI memorial markers shall apply the same to | ||
fatal accident memorial markers. | ||
(d) A fatal accident memorial marker shall consist of a | ||
white on blue panel bearing the message "Reckless Driving | ||
Costs Lives" if the victim or victims died as a proximate | ||
result of a crash caused by a driver who committed an act of | ||
reckless homicide in violation of Section 9-3 or 9-3.2 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012. Otherwise, | ||
a fatal accident memorial marker shall consist of a white on | ||
blue panel bearing the message "Drive With Care". At the | ||
request of the qualified relative, a separate panel bearing | ||
the words "In Memory of (victim's name)", followed by the date | ||
of the crash that was the proximate cause of the loss of the | ||
victim's life, shall be mounted below the primary panel. | ||
(e) A fatal accident memorial marker may memorialize more | ||
than one victim who died as a result of the same crash. If one | ||
or more additional deaths subsequently occur in close | ||
proximity to an existing fatal accident memorial marker, the | ||
supporting jurisdiction may use the same marker to memorialize | ||
the subsequent death or deaths, by adding the names of the | ||
additional persons. | ||
(f) A fatal accident memorial marker shall be maintained | ||
for at least 2 years from the date the last person was | ||
memorialized on the marker. | ||
(g) The supporting jurisdiction has the right to install a | ||
marker at a location other than the location of the crash or to | ||
relocate a marker due to restricted room, property owner | ||
complaints, interference with essential traffic control | ||
devices, safety concerns, or other restrictions. In these | ||
cases, the sponsoring jurisdiction may select an alternate | ||
location. | ||
(h) The Department shall secure the consent of any | ||
municipality before placing a fatal accident memorial marker | ||
within the corporate limits of the municipality. | ||
(i) A fee in an amount to be determined by the supporting | ||
jurisdiction shall be charged to the qualified relative. The | ||
fee shall not exceed the costs associated with the | ||
fabrication, installation, and maintenance of the fatal | ||
accident memorial marker. | ||
(j) The provisions of this Section shall apply to any | ||
fatal accident marker constructed on or after January 1, 2013.
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(Source: P.A. 98-334, eff. 8-13-13.) | ||
Section 10. The DUI Prevention and Education Commission | ||
Act is amended by changing Section 20 as follows: | ||
(625 ILCS 70/20)
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Sec. 20. DUI Prevention and Education Fund; transfer of | ||
funds. | ||
(a) The DUI Prevention and Education Fund is created as a | ||
special fund in the State treasury. Subject to appropriation, | ||
all moneys in the DUI Prevention and Education Fund shall be | ||
distributed by the Department of Transportation with guidance | ||
from the DUI Prevention and Education Commission as grants for | ||
crash victim programs and materials, impaired driving | ||
prevention programs, law enforcement support, and other | ||
DUI-related programs. | ||
(b) As soon as practical after the effective date of this | ||
Act, the State Comptroller shall direct and the State | ||
Treasurer shall transfer any remaining balance in excess of | ||
$30,000 from the Roadside Memorial Fund to the DUI Prevention | ||
and Education Fund. Starting in 2021 and continuing every year
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after, the cash balance in the Roadside Memorial Fund on June
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30 shall be transferred to the DUI Prevention and Education | ||
Fund as soon as practical.
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(Source: P.A. 101-196, eff. 1-1-20.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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