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91_HB0449
LRB9102374KScs
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 12-715.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 12-715 as follows:
7 (625 ILCS 5/12-715)
8 Sec. 12-715. Possession and use of radar jamming devices
9 prohibited.
10 (a) No person shall operate or be in actual physical
11 control of a commercial motor vehicle as defined in Section
12 6-500(6) of this Code while the motor vehicle is equipped
13 with any instrument designed to interfere with microwaves or
14 lasers at frequencies used by police radar for the purpose of
15 monitoring vehicular speed.
16 (b) Notwithstanding subsection (a) of this Section, a
17 person operating a commercial motor vehicle as defined in
18 Section 6-500(6) of this Code, who possesses within the
19 vehicle a radar or laser jamming device that is contained in
20 a locked opaque box or similar container, or that is not in
21 the passenger compartment of the vehicle, and that is not in
22 operation, shall not be in violation of subsection (a) of
23 this Section.
24 Any person found guilty of violating this Section shall
25 be guilty of a petty offense. A minimum fine of $50 shall be
26 imposed for a first offense and a minimum fine of $100 for a
27 second or subsequent offense.
28 (c) The radar or laser jamming device or mechanism shall
29 be seized by the law enforcement officer at the time of the
30 violation. This Section shall not be construed to authorize
31 the permanent forfeiture to the State of any radar or laser
-2- LRB9102374KScs
1 jamming device or mechanism. Any such device or mechanism
2 shall be taken and held for the period when needed as
3 evidence. When no longer needed for evidence, the defendant
4 may petition the court for the return of the device or
5 mechanism; provided the defendant shall prove to the court by
6 a preponderance of the evidence that the device or mechanism
7 will be used only for a legitimate and lawful purpose.
8 (d) No commercial motor vehicle, or driver of such
9 vehicle, shall be stopped or searched by any law enforcement
10 officer solely on the basis of a violation or suspected
11 violation of this Section.
12 (Source: P.A. 90-89, eff. 1-1-98.)