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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 adding 
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Section 23 as follows:
 
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    (605 ILCS 125/23 new)
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    Sec. 23. Fatal accident memorial marker program.
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    (a) The fatal accident memorial marker program is intended 
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to raise public awareness of reckless driving by emphasizing 
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the dangers while affording families an opportunity to remember 
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the victims of crashes involving reckless drivers.
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    (b) As used in this Section, "fatal accident memorial 
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marker" means a marker on a highway in this State commemorating 
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one or more persons who died as a proximate result of a crash 
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caused by a driver who committed an act of reckless homicide in 
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violation of Section 9-3 or 9-3.2 of the Criminal Code of 1961 
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or who otherwise caused the death of one or more persons 
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through the operation of a motor vehicle. 
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    (c) For purposes of the fatal accident memorial marker 
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program in this Section, the provisions of Section 15 of this 
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Act applicable to DUI memorial markers shall apply the same to 
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fatal accident memorial markers. 
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    (d) A fatal accident memorial marker shall consist of a 
 


 






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white on blue panel bearing the message "Reckless Driving Costs 
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Lives". At the request of the qualified relative, a separate 
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panel bearing the words "In Memory of (victim's name)", 
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followed by the date of the crash that was the proximate cause 
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of the loss of the victim's life, shall be mounted below the 
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primary panel.
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    (e) A fatal accident memorial marker may memorialize more 
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than one victim who died as a result of the same crash. If one 
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or more additional deaths subsequently occur in close proximity 
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to an existing fatal accident memorial marker, the supporting 
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jurisdiction may use the same marker to memorialize the 
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subsequent death or deaths, by adding the names of the 
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additional persons. 
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    (f) A fatal accident memorial marker shall be maintained 
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for at least 2 years from the date the last person was 
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memorialized on the marker. 
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    (g) The supporting jurisdiction has the right to install a 
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marker at a location other than the location of the crash or to 
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relocate a marker due to restricted room, property owner 
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complaints, interference with essential traffic control 
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devices, safety concerns, or other restrictions. In such cases, 
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the sponsoring jurisdiction may select an alternate location. 
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    (h) The Department shall secure the consent of any 
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municipality before placing a fatal accident memorial marker 
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within the corporate limits of the municipality. 
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    (i) A fee in an amount to be determined by the supporting 
 


 






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jurisdiction shall be charged to the qualified relative. The 
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fee shall not exceed the costs associated with the fabrication, 
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installation, and maintenance of the fatal accident memorial 
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marker.
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    (j) The Department shall report to the General Assembly no 
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later than October 1, 2011 on the evaluation of the program and 
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the number of fatal accident memorial marker requests.
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    (k) This Section is repealed on December 31, 2011.