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| [ Senate Amendment 001 ] |
91_SB0737enr SB737 Enrolled LRB9104914KSsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 2-120 and 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 Sections 2-120 and 11-605 as follows: 7 (625 ILCS 5/2-120) (from Ch. 95 1/2, par. 2-120) 8 Sec. 2-120. Disposition of fines and forfeitures. 9 (a) Except as provided in subsection (f) of Section 10 11-605 of this Code, fines and penalties recovered under the 11 provisions of this Act administered by the Secretary of 12 State, except those fines and penalties subject to 13 disbursement by the circuit clerk under Section 27.5 of the 14 Clerks of Courts Act, shall be paid over and used as follows: 15 1. For violations of this Act committed within the 16 limits of an incorporated city or village, to the 17 treasurer of the particular city or village, if arrested 18 by the authorities of the city or village and reasonably 19 prosecuted for all fines and penalties under this Act by 20 the police officers and officials of the city or village. 21 2. For violations of this Act committed outside the 22 limits of an incorporated city or village to the county 23 treasurer of the court where the offense was committed. 24 3. For the purposes of this Act an offense for 25 violation of any provision of this Act not committed upon 26 the highway shall be deemed to be committed where the 27 violator resides or where he has a place of business 28 requiring some registration, permit or license to operate 29 such business under this Act. 30 (b) Failure, refusal or neglect on the part of any 31 judicial or other officer or employee receiving or having SB737 Enrolled -2- LRB9104914KSsb 1 custody of any such fine or forfeiture either before or after 2 a deposit with the proper official as defined in paragraph 3 (a) of this Section, shall constitute misconduct in office 4 and shall be grounds for removal therefrom. 5 (Source: P.A. 87-671.) 6 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605) 7 Sec. 11-605. Special speed limit while passing schools or 8 while traveling through highway construction or maintenance 9 zones. 10 (a) For the purpose of this Section, "school" means the 11 following entities: 12 (1) A public or private primary or secondary 13 school. 14 (2) A primary or secondary school operated by a 15 religious institution. 16 (3) A public, private, or religious nursery school. 17 On a school day when school children are present and so 18 close thereto that a potential hazard exists because of the 19 close proximity of the motorized traffic, no person shall 20 drive a motor vehicle at a speed in excess of 20 miles per 21 hour while passing a school zone or while traveling upon any 22 public thoroughfare where children pass going to and from 23 school. 24 For the purpose of this Section a school day shall begin 25 at seven ante meridian and shall conclude at four post 26 meridian. 27 This Section shall not be applicable unless appropriate 28 signs are posted upon streets and highways under their 29 respective jurisdiction and maintained by the Department, 30 township, county, park district, city, village or 31 incorporated town wherein the school zone is located. With 32 regard to the special speed limit while passing schools, such 33 signs shall give proper due warning that a school zone is SB737 Enrolled -3- LRB9104914KSsb 1 being approached and shall indicate the school zone and the 2 maximum speed limit in effect during school days when school 3 children are present. 4 (b) No person shall operate a motor vehicle in a 5 construction or maintenance zone at a speed in excess of the 6 posted speed limit when workers are present and so close to 7 the moving traffic that a potential hazard exists because of 8 the motorized traffic. 9 (c) Nothing in this Chapter shall prohibit the use of 10 electronic speed-detecting devices within 500 feet of signs 11 within a special school speed zone or a construction or 12 maintenance zone indicating such zone, as defined in this 13 Section, nor shall evidence obtained thereby be inadmissible 14 in any prosecution for speeding provided the use of such 15 device shall apply only to the enforcement of the speed limit 16 in such special school speed zone or a construction or 17 maintenance zone. 18 (d) For the purpose of this Section, a construction or 19 maintenance zone is an area in which the Department, Toll 20 Highway Authority, or local agency has determined that the 21 preexisting established speed limit through a highway 22 construction or maintenance project is greater than is 23 reasonable or safe with respect to the conditions expected to 24 exist in the construction or maintenance zone and has posted 25 a lower speed limit with a highway construction or 26 maintenance zone special speed limit sign. 27 Highway construction or maintenance zone special speed 28 limit signs shall be of a design approved by the Department. 29 The signs shall give proper due warning that a construction 30 or maintenance zone is being approached and shall indicate 31 the maximum speed limit in effect. The signs shall also 32 state the amount of the minimum fine for a violation when 33 workers are present. 34 (e) A violation of this Section shall be a petty offense SB737 Enrolled -4- LRB9104914KSsb 1 with a minimum fine of $150. 2 (f) When a fine for a violation of subsection (a) is 3 $150 or greater, the person who violates subsection (a) shall 4 be charged an additional $50 to be paid to the unit school 5 district where the violation occurred for school safety 6 purposes. If the violation occurred in a dual school 7 district, $25 of the surcharge shall be paid to the 8 elementary school district for school safety purposes and $25 9 of the surcharge shall be paid to the high school district 10 for school safety purposes. Notwithstanding any other 11 provision of law, the entire $50 surcharge shall be paid to 12 the appropriate school district or districts. 13 For purposes of this subsection (f), "school safety 14 purposes" includes the costs associated with school zone 15 safety education and the purchase, installation, and 16 maintenance of caution lights which are mounted on school 17 speed zone signs. 18 (Source: P.A. 89-251, eff. 1-1-96; 89-559, eff. 1-1-97.)