Proposed/Pending Traffic Legislation for 2009 & 2010

SB0030 - Introduced 1/30/09
(625 ILCS 5/11-1002 and 625 ILCS 5/11-1002.5)

Amends the Illinois Vehicle Code. Provides that where traffic signals are not in place, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be. Provides that on a school day when children are present and so close that a potential hazard exists because of the close proximity of the motorized traffic and when traffic signals are not in place or in operation, vehicles must stop and yield to a pedestrian in a crosswalk rather than yielding the right-of-way by slowing down or stopping if need be to so yield.

SB0062 - Introduced 1/30/09
(720 ILCS 5/11-9.4)

Amends the Criminal Code of 1961. Provides that it is a Class 4 felony for a child sex offender to knowingly operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or authorized emergency vehicle, for the purpose of attracting or enticing a person under 18 years of age to be in the presence of the offender. Provides that it is a defense that the offender was the parent of the person under 18 years of age in the offender’s presence.

SB0064 - Introduced 1/30/09
(720 ILCS 5/9-3)

Amends the Criminal Code of 1961. Provides that a person who causes a fatal accident by operating a motor vehicle, all-terrain vehicle, snowmobile, or watercraft while he or she is aware of being fatigued is guilty of reckless homicide. Provides that a person is fatigued if he or she has been without sleep for 24 consecutive hours. Provides that proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Provides that, if a person commits reckless homicide and is determined to have been knowingly fatigued as an element of the offense, he or she is guilty of a Class 2 felony. Provides that the offender, if sentenced to imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years if the offense resulted in the death of one person or not less than 6 years and not more than 28 years if the offense resulted in the deaths of 2 or more persons.

Filed 2/19/09 - Amendment to Senate Bill 64

(3) If a person is found to have killed more than one person pursuant to this Section separate sentences shall be imposed for the death of each person and those sentences shall be served consecutively pursuant to clause (a)(vi) of Section 5-8-4 of the Unified Code of Corrections.”

SB0148 - Introduced 1/30/09

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperating with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $250 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid.

SB0236 - Introduced 2/4/09
(625 ILCS 5/1-140.10 new; 625 ILCS 5/1-146; and 625 ILCS 5/11-1516 new)

Amends the Illinois Vehicle Code. Defines a low-speed electric bicycle as a 2 or 3-wheeled device with fully operable pedals and an electric motor of less than 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. Excludes low-speed electric bicycles from the definition of “motor vehicle”. Provides that a person may operate a low-speed electric bicycle only if the person has a valid current Illinois driver’s license, regardless of classification, and the person is at least 16 years of age. Prohibits operation of a low-speed electric bicycle at a speed greater than 20 miles per hour upon any highway, street, or roadway. Prohibits operation of a low-speed electric bicycle on a sidewalk. Provides that, except as otherwise provided, the provisions of the Article of the Code dealing with bicycles also apply to low-speed electric bicycles.

SB0243 - Introduced 2/4/09
(625 ILCS 5/12-612)

Amends the Illinois Vehicle Code. Provides that it is unlawful for any person to (1) own or operate with criminal intent any vehicle (rather than motor vehicle) he or she knows to contain a false or secret compartment that is used or has been used to conceal a firearm as prohibited by the Criminal Code of 1961, or controlled substance as prohibited by the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act; or (2) to install, create, build, or fabricate in any vehicle (rather than motor vehicle) a false or secret compartment knowing that another person intends to use the compartment to conceal a firearm as prohibited by the Criminal Code of 1961, or controlled substance as prohibited by the Illinois Controlled Substance Act or the Methamphetamine Control and Community Protection Act. Defines the term “false or secret compartment” to mean an enclosure integrated into the vehicle that is a modification of the vehicle as built by the original manufacturer (rather than any enclosure integrated into the vehicle that is intended and designed to be used to conceal, hide, and prevent discovery by law enforcement officers of the compartment or its contents.) Establishes that the term “vehicle” means, but is not limited to, any private or commercial car, truck, bus, aircraft or watercraft.

SB0272 - Introduced 2/6/09 HB0072 - Introduced 1/14/09
(625 ILCS 5/12-610.1)

Amends the Illinois Vehicle Code. Provides that a person, regardless of age, may not use a wireless telephone in a school speed zone or a construction or maintenance speed zone, except for a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established when the person is using a wireless telephone in furtherance of that project.

SB0273 - Introduced 2/6/09 HB0071 - Introduced 1/14/09
(625 ILCS 5/12-610.2 new)

Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. Provides that a violation is an offense against traffic regulations governing the movement of vehicles.

STATE POLICE SQUADS - VIDEO
(Passed both Houses, in Veto Session)
SB450 (20 ILCS 2610/30 new; 625 ILCS 5/3-806; 625 ILCS 5/3-815)

Amends the State Police Act. Provides that as of the effective date of this amendatory Act of the 95th General Assembly, in-car video camera recording equipment with a recording medium incapable of recording for a period of 10 hours or more shall record activities outside a patrol car whenever (i) an officer assigned a patrol vehicle is conducting an enforcement stop; (ii) patrol vehicle emergency lights are activated or would otherwise be activated if not for the need to conceal the presence of law enforcement; or (iii) an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose, and inside the vehicle when transporting an arrestee or when an officer reasonably believes recording may assist with prosecution, enhance safety, or for any other lawful purpose.

Amends the Illinois Vehicle Code. Provides that beginning with the 2010 registration year a $1 surcharge shall be collected in addition to the vehicle registration fee to be deposited into the State Police Vehicle Fund. Adds an immediate effective date to the bill.

SB1299 - Introduced 2/10/09

Amends the Illinois Vehicle Code. Creates the offenses of driving with a screen device operating, a Class 1, 3, or 4 felony or a Class A misdemeanor depending on specified circumstances, and unlawful installation of television, monitor, or similar device, a Class A misdemeanor. Provides that a person commits the offense of driving with a screen device operating when the person is driving a motor vehicle that has a television, video monitor, portable computer, or any other similar means operating that is capable of providing a visual display in full view of a driver in a normal driving position while the motor vehicle is in motion. Provides that a person commits the offense of unlawful installation of television, monitor, or similar device if the person installs or alters a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver of a motor vehicle in a normal driving position while the motor vehicle is in motion. Provides several exceptions and an affirmative defense. Renames a “cellular radio telecommunication device” as a “mobile communication device”, and modifies the definitions of a “mobile communications device” and “using a mobile communication device” to prohibit text messaging and other similar uses of mobile communication devices (instead of prohibiting just talking, listening to, and dialing telephonic communications) for purposes of expanding a provision prohibiting the use of mobile communication devices by school bus drivers.

SB1341 - Introduced 2/10/09
(625 ILCS 5/16-104c; 705 ILCS 105/27.5; 705 ILCS 105/27.6; and 730 ILCS 5/5-6-1)

Amends the Illinois Vehicle Code, Clerks of Courts Act, and the Unified Code of Corrections to provide that any person who receives court supervision shall pay an additional fee of $30 (instead of $20). Provides that any person who receives a disposition of court supervision for a Vehicle Code violation or a similar local ordinance shall pay an additional fee of $30 (instead of $20). Provides that $20 of the $30 (instead of the $20) shall be deposited into the State Police Vehicle Fund in the State treasury and $10 of the $30 shall be deposited into the Driver’s Education Fund.

SB1351 - Introduced 2/10/09
(625 ILCS 5/11-1404)

Amends the Illinois Vehicle Code to require every operator and passenger on a motorcycle, motor driven cycle, or motorized pedalcycle to wear a helmet that meets federal safety standards.

SB1467 - Introduced 2/18/09
(625 ILCS 5/11-601 and 625 ILCS 5/11-602)

Amends the Illinois Vehicle Code. Provides that, unless some other speed restriction has been established under the Code, the maximum speed limit outside an urban district for any vehicle is 65 miles per hour. Deletes language providing that the Department of Transportation may not alter the speed limits on an access-controlled highway to exceed 55 miles per hour for vehicles of the second division weighing 8,001 pounds or more.

SB1694 - Introduced 2/19/09
(625 ILCS 5/11-503.5 new)

Amends the Illinois Vehicle Code. Creates the offense of distracted driving, which a person commits by operating a motor vehicle in violation of a law or ordinance governing the movement of vehicles while also engaging in certain activities. Provides that a law enforcement officer may charge a person with distracted driving if the officer (i) has stopped the person for any violation of a law or ordinance governing the movement of vehicles and (ii) determines that the person was driving while distracted. Specifies that distracted driving may not be recorded on a person’s driving record, but requires a person who has committed distracted driving to pay an additional fine equivalent to the amount of the fine for the underlying offense that he or she committed.

SB1816 - Introduced 2/20/09 HB2650 - Introduced 2/20/09
(730 ILCS 5/5-5-6)

Amends the Unified Code of Corrections. Provides that in all convictions for driving under the influence in which the person received any injury to his or her person or damage to his or her real or personal property as a result of the criminal act of the defendant, the court shall order restitution.

SB1845 - Introduced 2/20/09
(65 ILCS 5/1-2-1; 65 ILCS 5/1-2-1.1; 625 ILCS 5/11-208.3; and 625 ILCS 5/11-208.6)

Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may require a defendant to complete an education program for each ordinance violation committed. Amends the Illinois Vehicle Code. Provides that a vehicle owner may have to complete a traffic education program for a violation of the Illinois Vehicle Code or a local ordinance recorded by an automated traffic law enforcement system. Provides that the administrative system shall have the authority to adjudicate any civil offense carrying a fine not in excess of $250 or “requiring the completion of a traffic education program, or both”. Provides that the notice of a parking, standing, compliance, or automated traffic law violation shall specify any requirement to complete a traffic education program.

SB1916 - Introduced 2/20/09
(720 ILCS 5/12-5)

Amends the Criminal Code of 1961 concerning the offense of reckless conduct. Provides that the offense is also committed when a person who, while operating a motor vehicle, causes bodily harm to or endangers the bodily safety of a vulnerable user of the public way if he or she performs recklessly the acts that cause the harm or endanger safety, whether they otherwise are lawful or unlawful. Provides that the penalty is a Class A misdemeanor. If the person causes great bodily harm or permanent disability or disfigurement to a vulnerable user of the public way, the penalty is a Class 4 felony. Provides that the fine for the first offense in either case shall not exceed $10,000.

SB1950 - Introduced 2/20/09
(625 ILCS 5/1-105.1 new; 625 ILCS 5/6-306.5; 625 ILCS 5/11-208; 625 ILCS 5/11-208.3;

625 ILCS 5/11-208.6; 625 ILCS 5/11-208.7 new; 625 ILCS 5/11-612; and

30 ILCS 105/5.719 new)

Amends the Illinois Vehicle Code and the State Finance Act. Provides that the Department of Transportation, a county, or a municipality may authorize the use of an automated speed enforcement system to record speed violations of the Illinois Vehicle Code or a similar local ordinance. Provides that the Department may place automated speed enforcement systems in high-risk locations on an interstate highway or in high-risk locations of a county or municipality upon approval of a formal request of a county or municipality. Provides that violations of the automated speed enforcement system in which a civil penalty is imposed may be adjudicated administratively, are not moving violations, and may not be recorded on the person’s driving record. Provides for penalties, including the suspension of driving privileges, for the failure to pay for automated speed enforcement system violations.

SB2024 - Introduced 2/20/09
(705 ILCS 105/27.5 and 705 ILCS 105/27.6)

Amends the Clerks of Courts Act. Provides that the fine for speeding in a school zone is increased by $5 which shall go to the school district or districts in which the offense occurred. Provides that a county with a drug court may adopt a mandatory fee of $5 to fund the drug court, less a 5% clerk processing charge, assessed against any defendant found guilty in a traffic case or who is ordered to pay a fine under the Unified Code of Corrections. Provides that a person found guilty, including court supervision, of a DUI in addition to any other fine is fined $500, or $1,000 for other than a first offense, payable to the clerk to be distributed as follows: $100 to the law enforcement agency or agencies that made the arrest and $400 to the General Revenue Fund. Provides that if the fine assessed for a first offense of speeding in a construction zone is $250 or greater, there shall be an additional $125 fee paid by the defendant, which shall be deposited into the Transportation Safety Highway Hire-back Fund.

SB2248 - Introduced 2/20/09

(625 ILCS 5/1-197.5; 625 ILCS 5/2-118.1; 625 ILCS 5/6-100.5 new; 625 ILCS 5/11-500;

625 ILCS 5/11-501; 625 ILCS 40/5-7; 625 ILCS 40/5-7.1; and 625 ILCS 45/5-16)

Amends the Illinois Vehicle Code. Provides that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence. Provides that the suspension and revocation of a person’s motor vehicle driving privileges and the person’s opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence. Changes the definition of “first offender” to include certain offenses and suspensions related to operating a snowmobile or watercraft under the influence. Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to change the definition of “first offender” so that the term has the same meaning as it used in the Illinois Vehicle Code. Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test and must give additional warnings to the person regarding possible driver’s license suspension, and requires the court clerk to send notice to the Secretary of State if the person fails to request a hearing or if the court finds against the person.

HB0072 - Introduced 1/14/09
(625 ILCS 5/12-610.1)

Amends the Illinois Vehicle Code. Provides that a person, regardless of age, may not use a wireless telephone in a school speed zone or a construction or maintenance speed zone, except for a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established when the person is using a wireless telephone in furtherance of that project.

Filed 2/10/09 - Amendment to House Bill 72

(e) A person, regardless of age, may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone established under Section 11-605, or on a highway in a construction or maintenance speed zone established under Section 11-605.1. This subsection (e) does not apply to a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established under Section 11-605.1 or when the person is using a wireless telephone for emergency purposes, including, but not limited to, law enforcement agency, health care provider, fire department, or other emergency services agency or entity.”

HB0073 - Introduced 1/14/09
(625 ILCS 5/6-205; 625 ILCS 5/11-507 new; and 720 ILCS 5/9-3.4 new)

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the driver’s conviction of negligent vehicular homicide or aggravated negligent driving. Creates the offense of aggravated negligent driving. Provides that a person commits the offense if the person’s negligent operation of a motor vehicle is the proximate cause of a motor vehicle accident that results in a type A injury to another or property damage of another in excess of $1,500. Provides that a violation is a Class A misdemeanor. Amends the Criminal Code of 1961. Creates the offense of negligent vehicular homicide. Provides that a person commits the offense if the person’s negligent operation of a motor vehicle is the proximate cause of the death of another person. Provides that a violation is a Class 4 felony.

Filed 2/19/09 - Amendment to House Bill 73

Sec. 9-3.4. Negligent vehicular homicide.

(a) A person commits the offense of negligent vehicular homicide if the person’s negligent operation of a motor vehicle is a proximate cause of the death of another person.

(b) A person acts negligently within the meaning of this Section if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care that a reasonable person would exercise under the circumstances then prevailing.

(c) The finder of fact may consider statutes and ordinances regulating the defendant’s conduct in determining whether he or she was culpably negligent under subsection (a).

(d) Negligent vehicular homicide is a Class A misdemeanor.

HB0160 - Introduced 1/14/09
(625 ILCS 5/12-201)

Amends the Illinois Vehicle Code. Provides that all motor vehicles with two headlights must operate with those headlights turned on at all times, regardless of the time of day or weather conditions, rather than during a period of from sunset to sunrise, at times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers, and at any other times when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 1000 feet.

HB0253 - Introduced 1/20/09
(625 ILCS 5/6-303)

Amends provisions of the Illinois Vehicle Code making vehicles subject to seizure and forfeiture under specified circumstances. Deletes a reference to a provision that was eliminated from the statutes by Public Act 95-377. Corrects a reference to a provision that was renumbered by Public Act 95-377. Provides that a person’s vehicle is subject to seizure and forfeiture when the person is cited for the offense of driving while driving privileges are revoked or suspended, and the person’s driving privileges were revoked or suspended due to the offense of reckless homicide.

HB0275 - Introduced 1/23/09
(625 ILCS 5/3-707)

Amends the Illinois Vehicle Code. Creates the offense of uninsured operation of a motor vehicle. Establishes that a person commits that offense by (i) operating a motor vehicle in violation of Section 7-601 of the Vehicle Code, which requires certain motor vehicles operated on public highways to be covered by a liability insurance policy, and (ii) causing bodily harm to another person as a proximate result of the driver’s uninsured operation of the motor vehicle. Specifies that uninsured operation of a motor vehicle is a Class A misdemeanor.

HB0349 - Introduced 1/27/09
(625 ILCS 5/11-503.5 new)

Amends the Illinois Vehicle Code. Creates the offense of distracted driving, which a person commits by operating a motor vehicle in violation of a law or ordinance governing the movement of vehicles while also engaging in certain activities. Provides that a law enforcement officer may charge a person with distracted driving if the officer (i) has stopped the person for any violation of a law or ordinance governing the movement of vehicles and (ii) determines that the person was driving while distracted. Specifies that distracted driving may not be recorded on a person’s driving record, but requires a person who has committed distracted driving to pay an additional fine equivalent to the amount of the fine for the underlying offense that he or she committed.

HB0370 - Introduced 1/30/09
(625 ILCS 5/3-707)

Amends the Illinois Vehicle Code. Provides that a person commits the offense of operation of an insured motor vehicle causing bodily harm (a Class A misdemeanor) when the person (i) operates a motor vehicle in violation of the mandatory insurance provisions of the Illinois Vehicle Code requiring certain motor vehicles operated on public highways to be covered by a liability insurance policy, and (ii) causes bodily harm to another person as a proximate result of the driver’s uninsured operation of the motor vehicle.

HB0450 - Introduced 2/4/09
(625 ILCS 5/16-104e new)

Amends the Illinois Vehicle Code. Provides that a person who commits 3 offenses against traffic regulations governing the movement of vehicles within any 12 month period, in addition to any other penalty imposed by the court, shall be fined twice the amount authorized for the offense.

HB0524 - Introduced 2/4/09
(720 ILCS 5/9-3)

Amends the Criminal Code of 1961. Provides that the penalty for reckless homicide when the defendant was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the driving under the influence of alcohol or drugs was a proximate cause of the death is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than 3 years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than 6 years and not more than 28 years if the violation resulted in the deaths of 2 or more persons. Provides that in such cases, the trier of fact may infer that the defendant’s actions were performed recklessly.

HB0534 - Introduced 2/4/09
(20 ILCS 2610/24 new)

Amends the State Police Act. Provides that an officer of the Department of State Police who is operating a police vehicle equipped with an operable in-car video camera system must have the system recording activities outside the police vehicle while the police vehicle’s emergency lighting system is activated.

HB0648 - Introduced 2/6/09
(625 ILCS 5/11-212)

Amends provisions of the Illinois Vehicle Code requiring the recording of specified information when a uniform traffic citation or warning citation is issued and providing for analysis of the information and a traffic stop statistical study. Deletes the July 1, 2010 repeal date of those provisions.

HB0707 - Introduced 2/6/09
(625 ILCS 5/7-606.5 new; and 625 ILCS 5/7-607.5 new)

Amends the Illinois Vehicle Code. Provides that, in addition to any other fine or penalty, a law enforcement official may impound the motor vehicle of any person operating that vehicle without insurance. Requires the Secretary of State to establish and maintain a database of all motor vehicles determined by the Secretary to be uninsured and requires that this database be available to federal, state, and local law enforcement agencies.

HB0881 - Introduced 2/10/09
(30 ILCS 105/5.719 new; 30 ILCS 105/8h; 605 ILCS 125/20; and 730 ILCS 5/5-9-1.17 new)

Amends the State Finance Act, the Roadside Memorial Act, and the Unified Code of Corrections. Provides that a person who is convicted or receives a disposition of court supervision for a violation of certain DUI provisions of the Illinois Vehicle Code shall, in addition to any other disposition, penalty, or fine imposed, pay a fee of $50 which shall be deposited into the Roadside Memorial Fund. Creates the Roadside Memorial Fund as a special fund in the State treasury. Provides that, subject to appropriation, all money in the Roadside Memorial Fund shall be used by the Department of Transportation to pay fees for DUI memorial markers under the Roadside Memorial Act. Provides that money in the Roadside Memorial Fund shall not be used for any other purpose.

HB0904 - Introduced 2/10/09
(720 ILCS 5/9-3.4 new)

Amends the Criminal Code of 1961. Creates the offense of negligent vehicular homicide, a Class A misdemeanor. Provides that a person commits the offense if the person’s negligent operation of a motor vehicle is a proximate cause of the death of another person. Provides that a person acts negligently within the meaning of the provision if he or she fails to be aware of a substantial and unjustifiable risk of death or injury to others, and that failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise under the circumstances then prevailing. Provides that the finder of fact may consider statutes and ordinances regulating the defendant’s conduct in determining whether he or she was culpably negligent.

HB0930 - Introduced 2/10/09
(605 ILCS 10/10)

Amends the Toll Highway Act. Provides that there is no time requirement (rather than a 21 day time requirement) for a commercial entity that is the lessor of a vehicle under a written lease agreement to avoid liability for an administrative notice of violation for toll evasion issued under the Toll Highway Act involving the leased vehicle during the period of the lease if the lessor provides a copy of the leasing agreement to the Illinois Toll Authority. Provides that when the leasing agreement is provided to the Toll Authority, the lessee of a vehicle under a written lease agreement is liable for all administrative notices of violation for toll evasions during the period of the lease.

HB0931 - Introduced 2/10/09
(625 ILCS 5/6-507; 625 ILCS 5/6-514; and 625 ILCS 5/6-524)

Amends the Illinois Vehicle Code. Provides that no person may drive a commercial motor vehicle on a highway if such person’s driving privilege, license, or permit is, among other things, subject to, or in violation of, a “driver or vehicle out of service order” (rather than “out of service order”) while operating a vehicle designed to transport “16 or more passengers” (rather than “passengers”), including the driver, or while transporting “hazardous materials required to be placarded” (rather than “hazardous materials”). Exempts the drivers of commercial motor vehicles used primarily in the transportation of propane winter heating fuel and the drivers of motor vehicles used to respond to pipeline emergencies from the commercial driver’s license requirements, but only if such requirements would prevent the driver from responding to an emergency condition requiring immediate response, as defined by federal regulation. Disqualifies a person from driving a commercial motor vehicle if that person has been convicted more than once of violating certain combinations of provisions related to out-of-service orders. Increases the minimum and maximum penalties for certain violations of the Uniform Commercial Driver’s License Act.

HB0943 - Introduced 2/10/09
(625 ILCS 5/6-107.1)

Amends the Illinois Vehicle Code. Provides that the Secretary of State may conduct random drug testing of applicants for instruction permits who are under the age of 18. Provides that the Secretary may not issue a permit to an applicant who tested positive for the presence of any controlled substance or cannabis. Provides that a person who tests positive for any controlled substance or cannabis must be found to be free of controlled substances and cannabis before he or she may receive an instruction permit. Provides that the Secretary of State shall adopt rules for implementing the new provision and shall prescribe an additional fee, to be added to the fees charged for the issuance of a first-time driver’s license, to cover the cost of the testing.

HB0947 - Introduced 2/10/09
(625 ILCS 5/11-212)

Amends provisions of the Illinois Vehicle Code requiring the recording of specified information when a uniform traffic citation or warning citation is issued and providing for analysis of the information and a traffic stop statistical study. Provides that all law enforcement agencies must perform an internal review of the data collected and immediately act to remedy or resolve any pattern of behavior by any officer under the command of the law enforcement agency that is determined to be evidence of racial profiling. Deletes the July 1, 2010 repeal date of those provisions.

HB0980 - Introduced 2/10/09
(625 ILCS 5/11-601; and 625 ILCS 5/11-602)

Amends the Illinois Vehicle Code. Defines “populated area” as all territory inside the boundaries and all territory that is 5 miles outside the boundaries, in any direction, of a city, village, or incorporated town with a population of 50,000 or more, and defines “non-populated area” means all territory not included in a populated area. Provides that, in a non-populated area, unless some other speed restriction has been established under the Code, the maximum speed limit outside an urban district for any vehicle weighing over 8,000 pounds is 65 miles per hour (instead of 55 mph). Provides that the maximum speed limit for busses outside an urban area is 55 mph in a populated area and 65 mph in a non-populated area (instead of various speed restrictions from 55-65 mph based on whether the highway was under the jurisdiction of the Illinois Toll Authority). Provides that language providing that the Department of Transportation may not alter the speed limits on an access-controlled highway to exceed 55 miles per hour for vehicles of the second division weighing 8,001 pounds or more applies only in a populated area.

HB0996 - Introduced 2/10/09
(625 ILCS 5/12-610.2 new)

Amends the Illinois Vehicle Code. Provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message. Provides that a violation is an offense against traffic regulations governing the movement of vehicles.

HB1116 - Introduced 2/11/09
(730 ILCS 5/5-6-1)

Amends the Unified Code of Corrections. Provides that a disposition of court supervision may apply to a defendant with certain previous offenses who is charged with DUI.

HB1325
(625 ILCS 5/11-1426.1)

Amends the Illinois Vehicle Code. Makes a Section regarding the operation of neighborhood vehicles on streets, highways, and roadways refer uniformly to “street, highway, or roadway”, and adds language prohibiting a person operating a neighborhood vehicle from making a direct crossing upon or across a freeway.

HB1346

Amends the Illinois Vehicle Code to provide that the provisions related to driving while under the influence (DUI) apply to driving any motor vehicle while under the influence. Provides that the suspension and revocation of a person’s motor vehicle driving privileges and the person’s opportunity for a hearing for a violation of the DUI provisions of the Illinois Vehicle Code also apply to operation of a snowmobile or watercraft while under the influence. Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Changes the penalties for operation of a snowmobile or watercraft while under the influence so they are similar to the penalties in the Illinois Vehicle Code for DUI. Provides for additional administrative sanctions for operation of a snowmobile or watercraft while under the influence that are similar to certain administrative sanctions for a DUI violation in the Illinois Vehicle Code. Amends implied consent provisions of the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act to provide that a law enforcement officer must give notice to the Secretary of State when a person refuses to submit to a chemical test.

HB2245 - Introduced 2/18/09
(740 ILCS 45/2 and 740 ILCS 45/2.5)

Amends the Crime Victims Compensation Act. Includes in the definition of “crime of violence” leaving the scene of a motor vehicle accident involving death or personal injury if the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact.

HB2427 - Introduced 2/19/09
(625 ILCS 5/6-206)

Amends the Illinois Vehicle Code. Provides that the Secretary of State may suspend the driving privileges of a person that violates or receives court supervision for certain provisions of the Liquor Control Act related to underage purchasing, consumption, and possession of alcoholic beverages for a second time, rather than for the first time.

HB2490 - Introduced 2/20/09
(625 ILCS 5/6-303)

Amends the Illinois Vehicle Code. Defines “continuous alcohol monitoring device” as a device that automatically tests breath, blood, or transdermal alcohol concentration levels at least once every hour and detects tamper attempts, regardless of the location of the person who is being monitored, and regularly transmits such data. Provides that if a person is found guilty of driving while his or her driving privileges are suspended for a fourth, fifth, sixth, seventh, eighth, or ninth time and the license suspension was for a conviction of driving under the influence of alcohol or drugs or other prohibited substances or a summary suspension under the implied consent provisions of the Illinois Vehicle Code, that person is guilty of a Class 4 felony and must serve a minimum term of imprisonment of 180 days or serve a minimum of 60 days and abstain from consuming alcohol while wearing a continuous alcohol monitoring device to verify compliance for 270 days (rather than being guilty of a Class 4 felony and serving a minimum term of imprisonment of 180 days). Provides that for a tenth, eleventh, twelfth, thirteenth, or fourteenth violation of the same, after a term of imprisonment, the person shall abstain from consuming alcohol and wear a continuous alcohol monitoring device to verify compliance for 365 days.

HB2531
(65 ILCS 5/11-40-3.2 new)

Amends the Illinois Municipal Code. Provides that any municipality with under 15,000 inhabitants must allow persons with a valid driver’s license to operate an electric vehicle on roadways under the municipality’s jurisdiction. Provides that a municipality may impose a reasonable fee for registering electric vehicles.

HB2649 - Introduced 2/20/09

Amends the Illinois Vehicle Code. Provides that a person is guilty of a non-probationary Class 3 felony (rather than a Class 4 felony) when the person is convicted of driving under the influence (DUI) of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof (prohibited substances), (rather than the person being convicted of a DUI violation for a second time) and has previously been convicted of reckless homicide or a similar provision of a law of another state in which the person was determined to have been under the influence of prohibited substances as an element of the offense, or in committing a DUI violation, the person was involved in a motor vehicle, snowmobile, all-terrain vehicle, or watercraft accident that resulted in the death of another person, when the DUI violation was a proximate cause of the death.

HB2664 - Introduced 2/20/09
(30 ILCS 105/5.719 new; 625 ILCS 5/11-1429; 705 ILCS 105/27.5; and 705 ILCS 105/27.6)

Amends the Vehicle Code, State Finance Act, and Clerks of Courts Act. Increases the fine for an excessive idling violation from $50 to $250 for the first conviction and from $150 to $500 for a second or subsequent conviction within a 12 month period. Specifies how the fines collected shall be distributed and provides alternate distribution procedures for circuit clerks for excess idling violations. Creates the Trucking Environmental and Education Fund as a special fund in the State Treasury. Provides that all money deposited into the Trucking Environmental and Education Fund shall be paid, subject to appropriation by the General Assembly, to the Illinois Environmental Protection Agency for the purpose of educating the trucking industry on air pollution and preventative measures specifically related to idling.

ORGAN DONOR REGISTRY
(Passed both Houses, in Veto Session)
HB4861

Amends the Illinois Vehicle Code. Adds representatives of the offices of Illinois county coroners and medical examiners to the list of persons who may inquire of the Secretary of State whether a potential organ donor’s name is included in the First Person Consent organ and tissue donor registry, and provides that the Secretary of State may provide that information to the representative.

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