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91_HB4724
LRB9114138DHmb
1 AN ACT concerning railroad grade crossings.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by changing
5 Section 8.8b as follows:
6 (30 ILCS 105/8.8b) (from Ch. 127, par. 144.8b)
7 Sec. 8.8b. Transfers from Grade Crossing Protection
8 Fund. Except for 75% of the moneys collected from fines
9 imposed under subsection (e-5) of Section 11-1201 of the
10 Illinois Vehicle Code, in addition to any other permitted use
11 of moneys in the Fund, and notwithstanding any restriction on
12 the use of the Fund, moneys in the Grade Crossing Protection
13 Fund may be transferred to the General Revenue Fund as
14 authorized by Public Act 87-14. The General Assembly finds
15 that an excess of moneys existed in the Fund on July 30,
16 1991, and the Governor's order of July 30, 1991, requesting
17 the Comptroller and Treasurer to transfer an amount from the
18 Fund to the General Revenue Fund is hereby validated.
19 (Source: P.A. 90-372, eff. 7-1-98.)
20 Section 10. The Illinois Vehicle Code is amended by
21 changing Sections 6-206, 11-1201, and 16-105 as follows:
22 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
23 Sec. 6-206. Discretionary authority to suspend or revoke
24 license or permit; Right to a hearing.
25 (a) The Secretary of State is authorized to suspend or
26 revoke the driving privileges of any person without
27 preliminary hearing upon a showing of the person's records or
28 other sufficient evidence that the person:
29 1. Has committed an offense for which mandatory
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1 revocation of a driver's license or permit is required
2 upon conviction;
3 2. Has been convicted of not less than 3 offenses
4 against traffic regulations governing the movement of
5 vehicles committed within any 12 month period. No
6 revocation or suspension shall be entered more than 6
7 months after the date of last conviction;
8 3. Has been repeatedly involved as a driver in
9 motor vehicle collisions or has been repeatedly convicted
10 of offenses against laws and ordinances regulating the
11 movement of traffic, to a degree that indicates lack of
12 ability to exercise ordinary and reasonable care in the
13 safe operation of a motor vehicle or disrespect for the
14 traffic laws and the safety of other persons upon the
15 highway;
16 4. Has by the unlawful operation of a motor vehicle
17 caused or contributed to an accident resulting in death
18 or injury requiring immediate professional treatment in a
19 medical facility or doctor's office to any person, except
20 that any suspension or revocation imposed by the
21 Secretary of State under the provisions of this
22 subsection shall start no later than 6 months after being
23 convicted of violating a law or ordinance regulating the
24 movement of traffic, which violation is related to the
25 accident, or shall start not more than one year after the
26 date of the accident, whichever date occurs later;
27 5. Has permitted an unlawful or fraudulent use of a
28 driver's license, identification card, or permit;
29 6. Has been lawfully convicted of an offense or
30 offenses in another state, including the authorization
31 contained in Section 6-203.1, which if committed within
32 this State would be grounds for suspension or revocation;
33 7. Has refused or failed to submit to an
34 examination provided for by Section 6-207 or has failed
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1 to pass the examination;
2 8. Is ineligible for a driver's license or permit
3 under the provisions of Section 6-103;
4 9. Has made a false statement or knowingly
5 concealed a material fact or has used false information
6 or identification in any application for a license,
7 identification card, or permit;
8 10. Has possessed, displayed, or attempted to
9 fraudulently use any license, identification card, or
10 permit not issued to the person;
11 11. Has operated a motor vehicle upon a highway of
12 this State when the person's driving privilege or
13 privilege to obtain a driver's license or permit was
14 revoked or suspended unless the operation was authorized
15 by a judicial driving permit, probationary license to
16 drive, or a restricted driving permit issued under this
17 Code;
18 12. Has submitted to any portion of the application
19 process for another person or has obtained the services
20 of another person to submit to any portion of the
21 application process for the purpose of obtaining a
22 license, identification card, or permit for some other
23 person;
24 13. Has operated a motor vehicle upon a highway of
25 this State when the person's driver's license or permit
26 was invalid under the provisions of Sections 6-107.1 and
27 6-110;
28 14. Has committed a violation of Section 6-301,
29 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
30 14B of the Illinois Identification Card Act;
31 15. Has been convicted of violating Section 21-2 of
32 the Criminal Code of 1961 relating to criminal trespass
33 to vehicles in which case, the suspension shall be for
34 one year;
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1 16. Has been convicted of violating Section 11-204
2 of this Code relating to fleeing from a police officer;
3 17. Has refused to submit to a test, or tests, as
4 required under Section 11-501.1 of this Code and the
5 person has not sought a hearing as provided for in
6 Section 11-501.1;
7 18. Has, since issuance of a driver's license or
8 permit, been adjudged to be afflicted with or suffering
9 from any mental disability or disease;
10 19. Has committed a violation of paragraph (a) or
11 (b) of Section 6-101 relating to driving without a
12 driver's license;
13 20. Has been convicted of violating Section 6-104
14 relating to classification of driver's license;
15 21. Has been convicted of violating Section 11-402
16 of this Code relating to leaving the scene of an accident
17 resulting in damage to a vehicle in excess of $1,000, in
18 which case the suspension shall be for one year;
19 22. Has used a motor vehicle in violating paragraph
20 (3), (4), (7), or (9) of subsection (a) of Section 24-1
21 of the Criminal Code of 1961 relating to unlawful use of
22 weapons, in which case the suspension shall be for one
23 year;
24 23. Has, as a driver, been convicted of committing
25 a violation of paragraph (a) of Section 11-502 of this
26 Code for a second or subsequent time within one year of a
27 similar violation;
28 24. Has been convicted by a court-martial or
29 punished by non-judicial punishment by military
30 authorities of the United States at a military
31 installation in Illinois of or for a traffic related
32 offense that is the same as or similar to an offense
33 specified under Section 6-205 or 6-206 of this Code;
34 25. Has permitted any form of identification to be
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1 used by another in the application process in order to
2 obtain or attempt to obtain a license, identification
3 card, or permit;
4 26. Has altered or attempted to alter a license or
5 has possessed an altered license, identification card, or
6 permit;
7 27. Has violated Section 6-16 of the Liquor Control
8 Act of 1934;
9 28. Has been convicted of the illegal possession,
10 while operating or in actual physical control, as a
11 driver, of a motor vehicle, of any controlled substance
12 prohibited under the Illinois Controlled Substances Act
13 or any cannabis prohibited under the provisions of the
14 Cannabis Control Act, in which case the person's driving
15 privileges shall be suspended for one year, and any
16 driver who is convicted of a second or subsequent
17 offense, within 5 years of a previous conviction, for the
18 illegal possession, while operating or in actual physical
19 control, as a driver, of a motor vehicle, of any
20 controlled substance prohibited under the provisions of
21 the Illinois Controlled Substances Act or any cannabis
22 prohibited under the Cannabis Control Act shall be
23 suspended for 5 years. Any defendant found guilty of this
24 offense while operating a motor vehicle, shall have an
25 entry made in the court record by the presiding judge
26 that this offense did occur while the defendant was
27 operating a motor vehicle and order the clerk of the
28 court to report the violation to the Secretary of State;
29 29. Has been convicted of the following offenses
30 that were committed while the person was operating or in
31 actual physical control, as a driver, of a motor vehicle:
32 criminal sexual assault, predatory criminal sexual
33 assault of a child, aggravated criminal sexual assault,
34 criminal sexual abuse, aggravated criminal sexual abuse,
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1 juvenile pimping, soliciting for a juvenile prostitute
2 and the manufacture, sale or delivery of controlled
3 substances or instruments used for illegal drug use or
4 abuse in which case the driver's driving privileges shall
5 be suspended for one year;
6 30. Has been convicted a second or subsequent time
7 for any combination of the offenses named in paragraph 29
8 of this subsection, in which case the person's driving
9 privileges shall be suspended for 5 years;
10 31. Has refused to submit to a test as required by
11 Section 11-501.6 or has submitted to a test resulting in
12 an alcohol concentration of 0.08 or more or any amount of
13 a drug, substance, or compound resulting from the
14 unlawful use or consumption of cannabis as listed in the
15 Cannabis Control Act or a controlled substance as listed
16 in the Illinois Controlled Substances Act in which case
17 the penalty shall be as prescribed in Section 6-208.1;
18 32. Has been convicted of Section 24-1.2 of the
19 Criminal Code of 1961 relating to the aggravated
20 discharge of a firearm if the offender was located in a
21 motor vehicle at the time the firearm was discharged, in
22 which case the suspension shall be for 3 years;
23 33. Has as a driver, who was less than 21 years of
24 age on the date of the offense, been convicted a first
25 time of a violation of paragraph (a) of Section 11-502 of
26 this Code or a similar provision of a local ordinance;
27 34. Has committed a violation of Section 11-1301.5
28 of this Code;
29 35. Has committed a violation of Section 11-1301.6
30 of this Code; or
31 36. Is under the age of 21 years at the time of
32 arrest and has been convicted of not less than 2
33 offenses against traffic regulations governing the
34 movement of vehicles committed within any 24 month
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1 period. No revocation or suspension shall be entered
2 more than 6 months after the date of last conviction;
3 or.
4 37. Has committed a violation of subsection (b) of
5 Section 11-1201 of this Code, in which case the
6 suspension shall be 3 months for a first violation, 6
7 months for a second violation, or one year for a third or
8 subsequent violation.
9 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10 and 27 of this subsection, license means any driver's
11 license, any traffic ticket issued when the person's driver's
12 license is deposited in lieu of bail, a suspension notice
13 issued by the Secretary of State, a duplicate or corrected
14 driver's license, a probationary driver's license or a
15 temporary driver's license.
16 (b) If any conviction forming the basis of a suspension
17 or revocation authorized under this Section is appealed, the
18 Secretary of State may rescind or withhold the entry of the
19 order of suspension or revocation, as the case may be,
20 provided that a certified copy of a stay order of a court is
21 filed with the Secretary of State. If the conviction is
22 affirmed on appeal, the date of the conviction shall relate
23 back to the time the original judgment of conviction was
24 entered and the 6 month limitation prescribed shall not
25 apply.
26 (c) 1. Upon suspending or revoking the driver's license
27 or permit of any person as authorized in this Section,
28 the Secretary of State shall immediately notify the
29 person in writing of the revocation or suspension. The
30 notice to be deposited in the United States mail, postage
31 prepaid, to the last known address of the person.
32 2. If the Secretary of State suspends the driver's
33 license of a person under subsection 2 of paragraph (a)
34 of this Section, a person's privilege to operate a
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1 vehicle as an occupation shall not be suspended, provided
2 an affidavit is properly completed, the appropriate fee
3 received, and a permit issued prior to the effective date
4 of the suspension, unless 5 offenses were committed, at
5 least 2 of which occurred while operating a commercial
6 vehicle in connection with the driver's regular
7 occupation. All other driving privileges shall be
8 suspended by the Secretary of State. Any driver prior to
9 operating a vehicle for occupational purposes only must
10 submit the affidavit on forms to be provided by the
11 Secretary of State setting forth the facts of the
12 person's occupation. The affidavit shall also state the
13 number of offenses committed while operating a vehicle in
14 connection with the driver's regular occupation. The
15 affidavit shall be accompanied by the driver's license.
16 Upon receipt of a properly completed affidavit, the
17 Secretary of State shall issue the driver a permit to
18 operate a vehicle in connection with the driver's regular
19 occupation only. Unless the permit is issued by the
20 Secretary of State prior to the date of suspension, the
21 privilege to drive any motor vehicle shall be suspended
22 as set forth in the notice that was mailed under this
23 Section. If an affidavit is received subsequent to the
24 effective date of this suspension, a permit may be issued
25 for the remainder of the suspension period.
26 The provisions of this subparagraph shall not apply
27 to any driver required to obtain a commercial driver's
28 license under Section 6-507 during the period of a
29 disqualification of commercial driving privileges under
30 Section 6-514.
31 Any person who falsely states any fact in the
32 affidavit required herein shall be guilty of perjury
33 under Section 6-302 and upon conviction thereof shall
34 have all driving privileges revoked without further
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1 rights.
2 3. At the conclusion of a hearing under Section
3 2-118 of this Code, the Secretary of State shall either
4 rescind or continue an order of revocation or shall
5 substitute an order of suspension; or, good cause
6 appearing therefor, rescind, continue, change, or extend
7 the order of suspension. If the Secretary of State does
8 not rescind the order, the Secretary may upon
9 application, to relieve undue hardship, issue a
10 restricted driving permit granting the privilege of
11 driving a motor vehicle between the petitioner's
12 residence and petitioner's place of employment or within
13 the scope of his employment related duties, or to allow
14 transportation for the petitioner, or a household member
15 of the petitioner's family, to receive necessary medical
16 care and if the professional evaluation indicates,
17 provide transportation for alcohol remedial or
18 rehabilitative activity, or for the petitioner to attend
19 classes, as a student, in an accredited educational
20 institution; if the petitioner is able to demonstrate
21 that no alternative means of transportation is reasonably
22 available and the petitioner will not endanger the public
23 safety or welfare. In each case the Secretary may issue a
24 restricted driving permit for a period deemed
25 appropriate, except that all permits shall expire within
26 one year from the date of issuance. A restricted driving
27 permit issued under this Section shall be subject to
28 cancellation, revocation, and suspension by the Secretary
29 of State in like manner and for like cause as a driver's
30 license issued under this Code may be cancelled, revoked,
31 or suspended; except that a conviction upon one or more
32 offenses against laws or ordinances regulating the
33 movement of traffic shall be deemed sufficient cause for
34 the revocation, suspension, or cancellation of a
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1 restricted driving permit. The Secretary of State may, as
2 a condition to the issuance of a restricted driving
3 permit, require the applicant to participate in a
4 designated driver remedial or rehabilitative program. The
5 Secretary of State is authorized to cancel a restricted
6 driving permit if the permit holder does not successfully
7 complete the program.
8 (c-5) The Secretary of State may, as a condition of the
9 reissuance of a driver's license or permit to an applicant
10 under the age of 18 years whose driver's license or permit
11 has been suspended pursuant to any of the provisions of this
12 Section, require the applicant to participate in a driver
13 remedial education course and be retested under Section 6-109
14 of this Code.
15 (d) This Section is subject to the provisions of the
16 Drivers License Compact.
17 (e) The Secretary of State shall not issue a restricted
18 driving permit to a person under the age of 16 years whose
19 driving privileges have been suspended or revoked under any
20 provisions of this Code.
21 (Source: P.A. 89-283, eff. 1-1-96; 89-428, eff. 12-13-95;
22 89-462, eff. 5-29-96; 90-43, eff. 7-2-97; 90-106, eff.
23 1-1-98; 90-369, eff. 1-1-98; 90-655, eff. 7-30-98.)
24 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
25 Sec. 11-1201. Obedience to signal indicating approach of
26 train.
27 (a) Whenever any person driving a vehicle approaches a
28 railroad grade crossing such person must exercise due care
29 and caution as the existence of a railroad track across a
30 highway is a warning of danger, and under any of the
31 circumstances stated in this Section, the driver shall stop
32 within 50 feet but not less than 15 feet from the nearest
33 rail of the railroad and shall not proceed until he can do so
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1 safely. The foregoing requirements shall apply when:
2 1. A clearly visible electric or mechanical signal
3 device gives warning of the immediate approach of a
4 railroad train;
5 2. A crossing gate is lowered or a human flagman
6 gives or continues to give a signal of the approach or
7 passage of a railroad train;
8 3. A railroad train approaching a highway crossing
9 emits a warning signal and such railroad train, by reason
10 of its speed or nearness to such crossing, is an
11 immediate hazard;
12 4. An approaching railroad train is plainly visible
13 and is in hazardous proximity to such crossing.
14 5. A railroad train is approaching so closely that
15 an immediate hazard is created.
16 (b) No person shall drive any vehicle through, around or
17 under any crossing gate or barrier at a railroad crossing
18 while such gate or barrier is closed or is being opened or
19 closed.
20 (c) The Department, and local authorities with the
21 approval of the Department, are hereby authorized to
22 designate particularly dangerous highway grade crossings of
23 railroads and to erect stop signs thereat. When such stop
24 signs are erected the driver of any vehicle shall stop within
25 50 feet but not less than 15 feet from the nearest rail of
26 such railroad and shall proceed only upon exercising due
27 care.
28 (d) At any railroad grade crossing provided with
29 railroad crossbuck signs, without automatic, electric, or
30 mechanical signal devices, crossing gates, or a human flagman
31 giving a signal of the approach or passage of a train, the
32 driver of a vehicle shall in obedience to the railroad
33 crossbuck sign, yield the right-of-way and slow down to a
34 speed reasonable for the existing conditions and shall stop,
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1 if required for safety, at a clearly marked stopped line, or
2 if no stop line, within 50 feet but not less than 15 feet
3 from the nearest rail of the railroad and shall not proceed
4 until he or she can do so safely. If a driver is involved in
5 a collision at a railroad crossing or interferes with the
6 movement of a train after driving past the railroad crossbuck
7 sign, the collision or interference is prima facie evidence
8 of the driver's failure to yield right-of-way.
9 (e) Except as provided in subsection (e-5), a violation
10 of any part of this Section shall result in a mandatory fine
11 of $500 or 50 hours of community service.
12 (e-5) Any person who violates subsection (b) of this
13 Section shall be fined $500 and his or her driving privileges
14 shall be suspended for 3 months. A second violation shall
15 result in a $1,000 fine and a 6 month suspension. A third or
16 subsequent violation shall result in a $1,000 fine and a one
17 year suspension. Of the moneys collected from fines imposed
18 under this subsection, 75% shall be deposited in the Grade
19 Crossing Protection Fund and shall be used for signs at grade
20 crossings to inform motorists of the penalties for going
21 around crossing gates, and the remainder shall be paid and
22 used in accordance with the terms of Section 16-105 of this
23 Act.
24 (f) Local authorities shall impose fines as established
25 in subsection (e) for vehicles that fail to obey signals
26 indicating the presence, approach, passage, or departure of a
27 train.
28 (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)
29 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
30 Sec. 16-105. Disposition of fines and forfeitures.
31 (a) Except as provided in subsection (e-5) of Section
32 11-1201 of this Act and in Section 16-104a of this Act and
33 except for those amounts required to be paid into the Traffic
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1 and Criminal Conviction Surcharge Fund in the State Treasury
2 pursuant to Section 9.1 of the Illinois Police Training Act
3 and Section 5-9-1 of the Unified Code of Corrections and
4 except those amounts subject to disbursement by the circuit
5 clerk under Section 27.5 of the Clerks of Courts Act, fines
6 and penalties recovered under the provisions of Chapters 11
7 through 16 inclusive of this Code shall be paid and used as
8 follows:
9 1. For offenses committed upon a highway within the
10 limits of a city, village, or incorporated town or under
11 the jurisdiction of any park district, to the treasurer
12 of the particular city, village, incorporated town or
13 park district, if the violator was arrested by the
14 authorities of the city, village, incorporated town or
15 park district, provided the police officers and officials
16 of cities, villages, incorporated towns and park
17 districts shall seasonably prosecute for all fines and
18 penalties under this Code. If the violation is prosecuted
19 by the authorities of the county, any fines or penalties
20 recovered shall be paid to the county treasurer. Provided
21 further that if the violator was arrested by the State
22 Police, fines and penalties recovered under the
23 provisions of paragraph (a) of Section 15-113 of this
24 Code or paragraph (e) of Section 15-316 of this Code
25 shall be paid over to the Department of State Police
26 which shall thereupon remit the amount of the fines and
27 penalties so received to the State Treasurer who shall
28 deposit the amount so remitted in the special fund in the
29 State treasury known as the Road Fund except that if the
30 violation is prosecuted by the State's Attorney, 10% of
31 the fine or penalty recovered shall be paid to the
32 State's Attorney as a fee of his office and the balance
33 shall be paid over to the Department of State Police for
34 remittance to and deposit by the State Treasurer as
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1 hereinabove provided.
2 2. Except as provided in paragraph 4, for offenses
3 committed upon any highway outside the limits of a city,
4 village, incorporated town or park district, to the
5 county treasurer of the county where the offense was
6 committed except if such offense was committed on a
7 highway maintained by or under the supervision of a
8 township, township district, or a road district to the
9 Treasurer thereof for deposit in the road and bridge fund
10 of such township or other district; Provided, that fines
11 and penalties recovered under the provisions of paragraph
12 (a) of Section 15-113, paragraph (d) of Section 3-401, or
13 paragraph (e) of Section 15-316 of this Code shall be
14 paid over to the Department of State Police which shall
15 thereupon remit the amount of the fines and penalties so
16 received to the State Treasurer who shall deposit the
17 amount so remitted in the special fund in the State
18 treasury known as the Road Fund except that if the
19 violation is prosecuted by the State's Attorney, 10% of
20 the fine or penalty recovered shall be paid to the
21 State's Attorney as a fee of his office and the balance
22 shall be paid over to the Department of State Police for
23 remittance to and deposit by the State Treasurer as
24 hereinabove provided.
25 3. Notwithstanding subsections 1 and 2 of this
26 paragraph, for violations of overweight and overload
27 limits found in Sections 15-101 through 15-203 of this
28 Code, which are committed upon the highways belonging to
29 the Illinois State Toll Highway Authority, fines and
30 penalties shall be paid over to the Illinois State Toll
31 Highway Authority for deposit with the State Treasurer
32 into that special fund known as the Illinois State Toll
33 Highway Authority Fund, except that if the violation is
34 prosecuted by the State's Attorney, 10% of the fine or
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1 penalty recovered shall be paid to the State's Attorney
2 as a fee of his office and the balance shall be paid over
3 to the Illinois State Toll Highway Authority for
4 remittance to and deposit by the State Treasurer as
5 hereinabove provided.
6 4. With regard to violations of overweight and
7 overload limits found in Sections 15-101 through 15-203
8 of this Code committed by operators of vehicles
9 registered as Special Hauling Vehicles, for offenses
10 committed upon a highway within the limits of a city,
11 village, or incorporated town or under the jurisdiction
12 of any park district, all fines and penalties shall be
13 paid over or retained as required in paragraph 1.
14 However, with regard to the above offenses committed by
15 operators of vehicles registered as Special Hauling
16 Vehicles upon any highway outside the limits of a city,
17 village, incorporated town or park district, fines and
18 penalties shall be paid over or retained by the entity
19 having jurisdiction over the road or highway upon which
20 the offense occurred, except that if the violation is
21 prosecuted by the State's Attorney, 10% of the fine or
22 penalty recovered shall be paid to the State's Attorney
23 as a fee of his office.
24 (b) Failure, refusal or neglect on the part of any
25 judicial or other officer or employee receiving or having
26 custody of any such fine or forfeiture either before or after
27 a deposit with the proper official as defined in paragraph
28 (a) of this Section, shall constitute misconduct in office
29 and shall be grounds for removal therefrom.
30 (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.)
31 Section 99. Effective date. This Act takes effect upon
32 becoming law.