State of Illinois
91st General Assembly
Legislation

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91_HB3275

 
                                               LRB9110979DHks

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 11-605.

 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 11-605 as follows:

 7        (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
 8        Sec. 11-605. Special speed limit while passing schools or
 9    while  traveling  through highway construction or maintenance
10    zones.
11        (a)  For the purpose of this Section, "school" means  the
12    following entities:
13             (1)  A   public  or  private  primary  or  secondary
14        school.
15             (2)  A primary or secondary  school  operated  by  a
16        religious institution.
17             (3)  A public, private, or religious nursery school.
18        On  a  school day when school children are present and so
19    close thereto that a potential hazard exists because  of  the
20    close  proximity  of  the  motorized traffic, no person shall
21    drive a motor vehicle at a speed in excess of  20  miles  per
22    hour  while passing a school zone or while traveling upon any
23    public thoroughfare where children pass  going  to  and  from
24    school.
25        For  the purpose of this Section a school day shall begin
26    at seven ante  meridian  and  shall  conclude  at  four  post
27    meridian.
28        This  Section  shall not be applicable unless appropriate
29    signs are  posted  upon  streets  and  highways  under  their
30    respective  jurisdiction  and  maintained  by the Department,
31    township,   county,   park   district,   city,   village   or
 
                            -2-                LRB9110979DHks
 1    incorporated town wherein the school zone  is  located.  With
 2    regard to the special speed limit while passing schools, such
 3    signs  shall  give  proper  due warning that a school zone is
 4    being approached and shall indicate the school zone  and  the
 5    maximum  speed limit in effect during school days when school
 6    children are present.
 7        (b)  No  person  shall  operate  a  motor  vehicle  in  a
 8    construction or maintenance zone at a speed in excess of  the
 9    posted  speed  limit when workers are present and so close to
10    the moving traffic that a potential hazard exists because  of
11    the motorized traffic.
12        (c)  Nothing  in  this  Chapter shall prohibit the use of
13    electronic speed-detecting devices within 500 feet  of  signs
14    within  a  special  school  speed  zone  or a construction or
15    maintenance zone indicating such zone,  as  defined  in  this
16    Section,  nor shall evidence obtained thereby be inadmissible
17    in any prosecution for speeding  provided  the  use  of  such
18    device shall apply only to the enforcement of the speed limit
19    in  such  special  school  speed  zone  or  a construction or
20    maintenance zone.
21        (d)  For the purpose of this Section, a  construction  or
22    maintenance  zone  is  an  area in which the Department, Toll
23    Highway Authority, or local agency has  determined  that  the
24    preexisting   established   speed  limit  through  a  highway
25    construction  or  maintenance  project  is  greater  than  is
26    reasonable or safe with respect to the conditions expected to
27    exist in the construction or maintenance zone and has  posted
28    a   lower   speed   limit  with  a  highway  construction  or
29    maintenance zone special speed limit sign.
30        Highway construction or maintenance  zone  special  speed
31    limit  signs shall be of a design approved by the Department.
32    The signs shall give proper due warning that  a  construction
33    or  maintenance  zone  is being approached and shall indicate
34    the maximum speed limit in  effect.   The  signs  shall  also
 
                            -3-                LRB9110979DHks
 1    state  the  amount  of  the minimum fine for a violation when
 2    workers are present.
 3        (e)  A violation of this Section shall be a petty offense
 4    with a minimum fine of $150.
 5        (f)  When a fine for a violation  of  subsection  (a)  is
 6    $150 or greater, the person who violates subsection (a) shall
 7    be  charged  an  additional $50 to be paid to the unit school
 8    district where  the  violation  occurred  for  school  safety
 9    purposes.   If  the  violation  occurred  in  a  dual  school
10    district,   $25  of  the  surcharge  shall  be  paid  to  the
11    elementary school district for school safety purposes and $25
12    of the surcharge shall be paid to the  high  school  district
13    for   school  safety  purposes.   Notwithstanding  any  other
14    provision of law, the entire $50 surcharge shall be  paid  to
15    the appropriate school district or districts.
16        For  purposes  of  this  subsection  (f),  "school safety
17    purposes" includes the  costs  associated  with  school  zone
18    safety   education   and   the  purchase,  installation,  and
19    maintenance of caution lights which  are  mounted  on  school
20    speed zone signs.
21    (Source: P.A. 91-531, eff. 1-1-00.)

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