Illinois Traffic Laws 2009

Effective July & August 2009

HB3787 – Introduced 2/25/09 EFFECTIVE July 27, 2009
625 ILCS 5/6-106.1
Public Act 96-0089 Military–School Bus Driver

Provides that when a school bus driver permit holder who is a service member is called to active duty, the employer of the permit holder must notify the Secretary of State, within 30 days of notification from the permit holder, that the permit holder has been called to active duty, and upon notification, the Secretary of State shall characterize the permit as inactive until a permit holder renews the permit. Provides that if a permit holder fails to comply with the school bus permit driver permit requirements while called to active duty, the Secretary of State may not characterize the permit as invalid. Provides that a school bus driver permit holder who is a service member returning from active duty must renew his or her permit within 90 days.

SB0062 – Introduced 1/30/09 EFFECTIVE August 4, 2009
Public Act 96-0118 Sex Offenders

Provides that it is unlawful for a child sex offender to knowingly operate, whether authorized to do so or not, any of the following vehicles: (1) a vehicle which is specifically designed, constructed or modified and equipped to be used for the retail sale of food or beverages, including but not limited to an ice cream truck; (2) an authorized emergency vehicle; or (3) a rescue vehicle.

HB0914 – Introduced 2/10/2009 EFFECTIVE August 10, 2009
625 ILCS 5/2-118
625 ILCS 5/6-206.1 DUI BAIID SOS Jurisdiction

Amend the Illinois Vehicle Code. Provides that the decision whether to rescind (rather than the decision to rescind) an implied consent suspension is based upon the totality of the evidence in a hearing which the Secretary of State has jurisdiction based on implied consent to testing of the person’s blood, breath, or urine for the presence of alcohol, drugs, or intoxicating compounds. Adds the offense of aggravated fleeing or attempt to elude a peace officer to the list of violations that if the holder of a Monitoring Device Driving Permit (MDDP) is convicted of or receives court supervision for that violation, the MDDP will be cancelled. Provides that a person who has received a statutory summary suspension and also had a MDDP cancelled, or would have been cancelled had notification of a violation been received prior to expiration of the MDDP, will have their driving privileges suspended for a period of not less than twice the original summary suspension period, or for another specified time period, and during the period of suspension, the person may apply for a restricted driving permit, which must comply with the standards set forth in the Secretary of State’s Blood Alcohol Ignition Interlock Device (BAIID) program (instead of only being allowed to operate vehicles equipped with an ignition interlock device). 


HB1116 – Introduced 2/11/09 EFFECTIVE August 11, 2009
730 ILCS 5/5-6-1
Public Act 96-0253 Court Supervision & DUI

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. Clarifies that a disposition of supervision is available to a defendant who is charged with driving under the influence if the person had supervision within the preceding 12 months for 2 moving violations.

HB2245 – Introduced 2/18/09 EFFECTIVE August 11, 2009
740 ILCS 45/2 and 740 ILCS 45/2.5
Public Act 96-0267 Crime Victims

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 Provides that the death of a felon who is serving a term of parole, probation, or mandatory supervised release shall be considered a discharge from that sentence (making the felon eligible to be a victim under the Act). Provides that claims for compensation under the Act by a felon who has died while the felon was serving a term of parole, probation, or mandatory supervised release apply to claims pending on or after the effective date of the amendatory Act.

HB2649 – Introduced 2/20/09 EFFECTIVE August 11, 2009
625 ILCS 5/11-501
625 ILCS 5/11-501.2
625 ILCS 5/11-501.4
625 ILCS 40/5-7.4
625 ILCS 45/5-16a
Public Act 96-0289 Aggravated DUI Penalty

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. Provides that evidence of a person’s blood, urine, breath or other bodily substance concentration of prohibited substances is admissible when gathered by a trained phlebotomist (rather than a trained phlebotomist acting under the direction of a licensed physician) in any civil or criminal action or proceeding arising out of an DUI arrest. Provides that blood or urine tests (rather than only blood tests) performed for the purpose of determining the concentration of prohibited substances are admissible evidence as a business record exception to the hearsay rule in prosecutions for a DUI violation or a similar provision of a local ordinance, or in prosecutions for reckless homicide and makes corresponding changes in the Boat Registration and Safety Act and Snowmobile Registration and Safety Act.

HB2650 – Introduced 2/20/09 EFFECTIVE August 11, 2009
730 ILCS 5/5-5-6
Public Act 9600290 Restitution for DUI

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.

SB 1897 – Introduced 2/20/2009 EFFECTIVE August 13, 2009
625 ILCS 5/1-168.8
Public Act 96-0428 Off-Highway Vehicle

Amends the Illinois Vehicle Code. Changes the definition of an all-terrain vehicle to any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer’s dry weight of 1,500 pounds or less (rather than 900 pounds or less), traveling on 3 or more non-highway tires (rather than low-pressure tires), designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. Defines “recreational off-road vehicle” as any motorized off-highway device designed to travel primarily off-highway, 60 inches or less in width, having a manufacturer’s dry weight of 1,500 pounds or less, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. Provides that all provisions of the Illinois Vehicle Code that apply to an all-terrain vehicle shall apply the same to a recreational off-highway vehicle.

HB3730 – Introduced 2/25/09 EFFECTIVE August 14, 2009
625 ILCS 5/18c-7401
Public Act 96-0470 Railroad Stop Signage

Amends the Illinois Vehicle Code. Provides that, except where train crews provide flagging of the crossing to road users, yield signs shall be installed at all highway intersections with every grade crossing in this State that is not equipped with automatic warning devices, such as luminous flashing signals or crossing gate devices. Provides that a stop sign may be used in lieu of the yield sign when an engineering study conducted in cooperation with the highway authority and the Illinois Department of Transportation has determined that a stop sign is warranted. Restores language requiring temporary stop signs at grade crossings under specified circumstances. Provides that, if the Illinois Commerce Commission has ordered the installation of luminous flashing signal or crossing gate devices at a grade crossing not equipped with active warning devices, the Commission shall order the installation of temporary stop signs at the highway intersection with the grade crossing unless an engineering study has determined that a stop sign is not appropriate. Provides that, if a stop sign is not appropriate, the Commission may order the installation of other appropriate supplemental signing as determined by an engineering study. Requires permanent signs to be in place by July 1, 2011.

HB2664 – Introduced 2/20/09 EFFECTIVE August 18, 2009
30 ILCS 105/5.719 new
625 ILCS 5/11-1429; 705 ILCS 105/27.5
705 ILCS 105/27.6
Public Act 96-0576 Excessive Idling

Amends the Vehicle Code, State Finance Act, and Clerks of Courts Act. Increases the fine for an excessive idling violation. Provides that a person convicted of excessive idling shall be fined $90 for a first offense (rather than $250). Also changes the distribution formula for violations for excessive idling. 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.

HB0881 – Introduced 2/10/09 EFFECTIVE August 25, 2009
30 ILCS 105/5.719 new
30 ILCS 105/8h; 605 ILCS 125/20
730 ILCS 5/5-9-1.17 new
Public Act 96-0667 DUI Roadside Memorial Fee

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.

Illinois Traffic Laws Effective January 1, 2009


SB300/P.A. 95-0400
Driving Under the Influence
 – BAIID (JDP)

Provides that a first offender who receives a statutory summary suspension shall be issued a monitoring device driver’s permit (MDDP), rather than a judicial driving permit (JDP). MDDP replaces judicial driving permits after the effective date. Provides that a person issued a MDDP must drive only a vehicle or vehicles equipped with an ignition interlock device. CDL application prohibited. Provides that a holder of this type of license may drive for any purpose and at any time, subject to rules to be adopted by the Secretary of State. Specifies certain issues that these rules shall address, including the consequences of noncompliance with the requirements of the monitoring device driver’s permit.

In the State Finance Act, provides for creation of the Indigent BAIID Fund and the Monitoring Device Driving Permit Administration Fee Fund. A person issued a MDDP may not drive a commercial vehicle. Provides that a person who received a judicial driving permit before the effective date of the bill may continue to drive on that permit. Provides that a person who fails to comply with the requirements of a monitoring device driving permit commits the offense of driving while revoked. Provides that a person who holds a monitoring device driving permit convicted of the offense for driving a vehicle not equipped with an ignition interlock device, or a person eligible for a monitoring device driving permit convicted of driving with a drug or alcohol-related summary suspension, is guilty of a Class 4 felony and subject to 30 days of imprisonment.

Amends the Unified Code of Corrections. Provides that a person who commits one of these offenses is not eligible for court supervision.

SB2182/P.A. 95-0756 (625 ILCS 5/11-1202)
School Bus Stops

Amends the Illinois Vehicle Code. Requires a driver of a school bus to open the service door and driver’s window before crossing a railroad track or tracks.

SB2295/P.A. 95-0855 (625 ILCS 5/6-118 & 6-206)
Monitor Device Permit

Amends the Illinois Vehicle Code. Sets fees for the issuance of a monitoring device driving permit (MDDP). Provides that an offender who opts out of having an MDDP issued may, during the drug or alcohol-related statutory summary suspension of his or her driving privileges, petition the court for an order directing the Secretary of State to issue an MDDP. Provides that a court shall not direct the Secretary to issue an MDDP if the offender has previously been convicted of aggravated driving under the influence of alcohol, drugs, or intoxicating compounds, involving death. Provides that the $30 administrative fee paid by the offender when an MDDP is issued shall be deposited into the Monitoring Device Driving Permit Administration Image of Guardian 3060Fee Fund. Deletes language providing that the court order directing the issuance of the MDDP shall specify the vehicle in which an ignition interlock device is to be installed. Provides that the MDDP shall be cancelled if the offender is convicted of or placed on court supervision for specified offenses or if the offender attempts to remove the ignition interlock device from his or her vehicle without the Secretary’s authorization. Provides that, under specified circumstances, additional violations may result in the extension of the offender’s statutory summary suspension or vehicle impoundment or forfeiture. Makes other changes regarding the issuance and cancellation of an MDDP and monitoring services to offenders found to be indigent.

SB2396/P.A. 95-0848 (625 ILCS 5/6-205, 6-206 & 11-501.1) Ignition Interlock

Amends the Illinois Vehicle Code. Provides that a person issued a restricted driving permit may transport children living in the person’s household to and from daycare. Provides that a person issued a restricted driving permit conditioned on the use of an ignition interlock device must pay to the Secretary of State DUI Administration Fund an amount of $30 (rather than $20) per month. Provides that the owner of a vehicle who is required to use an ignition interlock device because of a second or subsequent conviction for driving under the influence of alcohol, drugs, or intoxicating compounds must submit to the Secretary of State DUI Administration Fund an amount of $30 for each month he or she uses the device, and provides that the Secretary shall adopt rules setting these fees and the procedures, terms, and conditions relating to them.

SB2488/P.A. 95-0803

(720 ILCS 5/9-3; 625 ILCS 5/11-213)
Emergency Vehicle
 – Death

Amends the Criminal Code of 1961. Increases the penalties for the offense of reckless homicide if the offense is committed as a result of failing to follow the procedures required when approaching a stationary authorized emergency vehicle. Further increases the penalties if the defendant causes the deaths of 2 or more persons as part of a single course of conduct.

Amends the Illinois Vehicle Code with language providing that, in the absence of a law enforcement officer or a representative of a highway agency having jurisdiction over a highway, an officer of a fire department has the authority to close to traffic a highway or lanes of a highway to protect persons or property. Also provides that the fire department officer shall use an official fire department vehicle with lighted red or white oscillating, rotating, or flashing lights and proper temporary traffic control. Contains provisions regarding training. Creates an exception for highways under the jurisdiction of the Illinois State Toll Highway Authority.

SB2713/P.A. 95-0894 (625 ILCS 5/6-206)
Suspension (Scott’s Law)

Amends the Illinois Vehicle Code. In provisions authorizing the Secretary of State to suspend or revoke the driving privileges of a person violating the requirement that he or she yield the right-of-way or reduce speed for a stationary authorized emergency vehicle, adds a condition that the violation resulted in damage to the property of another or the death or injury of another. 625 ILCS 5/6-206(a)(37) provides for a suspension where one has “committed” a violation of 11-907(c). The “committed” language remains, implying a court supervision disposition can still be used to suspend. See also 92 Ill. Adm. Code 1040.107 use of the term “record of judgment,” which is undefined in the vehicle code.

HB4203/P.A. 95-0884 (625 ILCS 5/11-907, 720 ILCS 5/9-3) Emergency Vehicles
Death

Uninsured Motorist McHenry CountyAmends the Illinois Vehicle Code. For failure to exercise due caution and yielding to an emergency vehicle that results in the death of another person, restores a provision that allows a person’s driving privilege to be suspended for a violation. Amends the Criminal Code of 1961 relating to reckless homicide. Provides that in cases involving reckless homicide in which the defendant unintentionally kills an individual, the trier of fact may infer that the defendant’s actions were performed recklessly where he or she was also violating the provisions of the Illinois Vehicle Code for failure to exercise due caution and yielding to an emergency vehicle. Provides that the penalty for a reckless homicide in which the driver also violated such provisions of the Illinois Vehicle Code is a Class 2 felony, for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 3 years and not more than 14 years.

HB4754/P.A. 95-0753 (625 ILCS 5/11-1425)
Railroad Crossing Blockage

Amends the Illinois Vehicle Code in reference to Railroad Crossings. Provides that a person convicted of entering a railroad grade crossing and obstructing the passage of other vehicles or pedestrians or of a train or railroad equipment shall result in the Secretary of State suspending the motorists driver’s license for a period of one month. Provides that the Secretary shall suspend for a period of 3 months the driving privileges of any person convicted of a second or subsequent violation of subsection (b) of this Section or a similar provision of a local ordinance if the second or subsequent violation occurs within 5 years of a prior conviction for the same offense. In addition to the suspensions authorized by this Section, any person convicted of violating subsection (b) of this Section or a similar provision of a local ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating subsection (b) of this Section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent violation, in addition to the suspensions authorized by this Section, the person shall be subject to a mandatory fine of $500 and 50 hours community service. Provides that the Secretary may also grant, for the duration of any suspension issued under this subsection, a restricted driving permit granting the privilege of driving a motor vehicle between the driver’s residence and place of employment or within other proper limits that the Secretary of State shall find necessary to avoid any undue hardship. Provides that a restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver’s license may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of the restricted driving permit. Provides that the Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. Provides that any conviction for a violation of this subsection shall be included as an offense for the purposes of determining suspension action under any other provision of this Code, provided however, that the penalties provided under this subsection shall be imposed unless those penalties imposed under other applicable provisions are greater.

Limits the penalties to violations where the driver enters a highway railroad grade crossing when there is insufficient space on the other side of the crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails.

HB4811/P.A. 95-0787 (20 ILCS 2605/2605-410 new; 30 ILCS 105/5.708 new; and 625 ILCS 5/15-312)

Underinsured Motorist McHenry CountyAmends the Department of State Police Law of the Civil Administrative Code of Illinois, the State Finance Act, and the Illinois Vehicle Code. Increases the fees to be paid when Illinois State Police escorts are required for the safety of the motoring public. Removes the fee for special police escorts from the permit fee calculation. Provides that the Illinois State Police shall remit the moneys to the State Treasurer, who shall deposit the moneys into the Over Dimensional Load Police Escort Fund, a new special fund in the State treasury that shall be used by the Department of State Police for its expenses in providing police escorts and commercial vehicle enforcement activities.

HB5204/P.A. 95-0783 (225 ILCS 407/10-1; 625 ILCS 5/1-154.7; 3-117.1; 3-118; 5-102; 5-302; 5-403; and 5-702

Amends the Illinois Vehicle Code and the Auction License Act. Provides that out-of-state salvage vehicle buyers do not have to be licensed by the Secretary of State. Provides that out-of-state salvage vehicle buyers do not have to be issued an out-of-state salvage vehicle buyer’s identification card. Provides that an insurer making payment of damages on a total loss claim for the theft of a vehicle shall not be required to apply for a salvage certificate unless the vehicle is recovered and has incurred damage that initially would have caused the vehicle to be declared a total loss by the insurer. Provides that out-of-state salvage vehicle buyers must be licensed by their jurisdiction. Provides that used vehicle dealers licensed under the Code shall provide the Secretary of State a register for the sale of each salvage or junk certificate vehicle containing specified information. Provides that only out-of-state salvage vehicle buyers who are licensed in another state or jurisdiction may buy property at the auction.

HB5907/P.A. 95-0754 (625 ILCS 5/7-201; 7-204; 7-212; 11-406; and 11-406.1 new)

Marengo Algonquin Harvard IL Motorcycle Accident LawyerAmends the Illinois Vehicle Code. Makes a change to the minimum amount of property damage necessary to require a traffic accident report to $1,500 and $500 if any of the vehicles involved in the accident is subject to mandatory liability insurance requirements but is not covered by a liability insurance policy.

Specialty License Plates:

HB4648/P.A. 95-0794 (625 ILCS 5/3-674) Distinguished Service Cross Plate

Amends the Illinois Vehicle Code. Provides for issuance of special license plants to a holder, or the surviving spouse of a holder, of the Distinguished Service Cross, at no additional cost to the applicant.

HB5607/P.A. 95-0795 (625 ILCS 5/3-680, 30 ILCS 105/5.708) Illinois Police Assoc. Plate

Amends the Illinois Vehicle Code. Provides for the issuance of Illinois Police Association license plates. Provides that in addition to the appropriate registration fees, an applicant for the special plate shall be charged a fee of $25 at original issuance and at renewal. Provides that $10 of the additional original issuance fee and $23 of the renewal fee shall be deposited into the Illinois Police Association Fund. Provides that $15 of the original issuance fee and $2 of the renewal fee shall be deposited into the Secretary of State Special License Plate Fund. Provides that, subject to appropriation, the moneys in the Illinois Police Association Fund shall be paid as death benefits for the families of police officers killed in the line of duty, and for providing scholarships, for graduate study, undergraduate study, or both, to children and spouses of police officers killed in the line of duty. Amends the State Finance Act to create the Illinois Association Fund.

SB1850/P.A. 95-0796 (625 ILCS 5/3-680, 625 ILCS 5/3-681) Army/Navy Veteran Plate (Effective Date: 08/11/08)

Amends the Illinois Vehicle Code. Provides for issuance of U.S. Navy license plates, at an additional initial charge of $15 and an additional renewal charge of $2 with eligibility requirements to be determined by the Secretary of State. Provides that the $15 additional initial charge and the $2 renewal charge shall go the Secretary of State Special License Plate Fund. Provides that the plates must display the U.S. Navy emblem. Provides for the issuance of U.S. Army Veteran license plates to applicants who meet eligibility requirements prescribed by the Secretary of State for an additional charge of $15 at original issuance and $2 at renewal. Provides that those charges shall be deposited into the Secretary of State Special License Plate Fund.


Miscellaneous:

HB1915/P.A. 95-0784 (625 ILCS 5/3-104, 5/3-107) Title Beneficiary

Amends the Illinois Vehicle Code. Provides that the Secretary of State shall designate, on a certificate of title and on an application for a certificate of title, a space where the owner of a vehicle may designate a beneficiary, to whom ownership of the vehicle shall pass in the event of the owner’s death.

New Traffic Law Effective June 1, 2009

SB2294/P.A. 95-0991 (625 ILCS 5/6-303) 2nd DWLR/DWLS after a DUI or Leaving the Scene

Amends the Illinois Vehicle Code. Provides that any person convicted of a second violation of driving a motor vehicle while one’s license or permit is revoked or suspended shall be guilty of a Class 4 felony and shall serve a minimum term of imprisonment of 30 days or 300 hours of community service, as determined by the court, if the original revocation or suspension was for leaving the scene of an accident or DUI, or a similar out-of-state offense, or a similar provision of a local ordinance, or a statutory summary suspension.

New Traffic Law Effective July 1, 2009

SB0993/P.A. 95-0898 (15 ILCS 335 /11A, 625 ILCS 5/6-117.2) Emergency Contact Data – SOS

Amends the Illinois Identification Card Act and the Illinois Vehicle Code. Provides that the Secretary of State shall establish a database of emergency contacts for persons holding identification cards or driver’s licenses or permits. Provides that a person holding an identification card or driver’s license may provide the Secretary of State, in a manner and form designated by the Secretary of State, information concerning no more than 2 emergency contact persons to be contacted by a law enforcement officer if the holder is involved in a motor vehicle accident or other emergency situation and the holder is unable to communicate with the contact person or persons. Contains provisions concerning confidentiality, contact by law enforcement in the case of an accident, rulemaking by the Secretary of State, immunity, and other matters.

New Traffic Law Effective  June 1, 2008

HB508/P.A. 95-0467 (625 ILCS 5/11-503; 720 ILCS 5/9-3) Reckless Driving – School

Provides that, if a defendant commits reckless homicide upon a public thoroughfare where children pass going to and from school when a school crossing guard is performing official duties, the defendant is guilty of a Class 2 felony. Provides that the defendant, if sentenced to a term of imprisonment, shall be sentenced to (i) not less than 3 years and not more than 14 years if the defendant caused the death of one person or (ii) not less than six years and not more than 28 years if the defendant caused the deaths of two or more persons as part of a single course of conduct.

Provides that a person who commits the offense of reckless driving is guilty of a Class 4 felony, if the violation causes bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties. Provides that a person commits the offense of aggravated reckless driving, and is guilty of a Class 3 felony, if he or she commits the offense of reckless driving and as a result causes great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties.

HB654/P.A. 95-0686 (625 ILCS 5/3-707) Operating Uninsured Motor Vehicle- Supervision

Amends the Illinois Vehicle Code. Provides that a person who has not previously been convicted of or received a disposition of court supervision for operating an uninsured vehicle shall receive a $100 fine and a disposition of court supervision for committing the offense, if the person produces in court satisfactory evidence that the motor vehicle is covered, as of the date of the court appearance, by a liability insurance policy required by the Vehicle Code.

Provides that the person must, on the date the period of court supervision is scheduled to terminate, produce satisfactory evidence that the vehicle was covered by the required insurance policy during the entire period of the supervision. Provides that an officer of the court appointed by the chief judge shall determine if a defendant has a liability insurance policy as of the date of the court appearance. Provides that the officer of the court shall also determine whether the vehicle was covered by the required policy during the entire period of court supervision.

HB1080/P.A. 95-0337 (625 ILCS 5/6-103; 5/6-204 & 5/6-205; 705 ILCS 405/5-710) Gangs

Amends the Illinois Vehicle Code and the Juvenile Court Act of 1987. Provides that if a person is adjudicated under the Juvenile Court Act of 1987 on the basis of an offense determined to have been committed in furtherance of gang activity, the court shall provide that the person shall be denied driving privileges. Provides that if the person has never held a driver’s license or permit, he or she shall not be issued one until reaching the age of 18. Provides that if he or she already holds a driver’s license or permit, the license or permit shall be revoked at least until he or she reaches the age of 21. In order to provide a basis for denial of driving privileges, the offense must have involved the operation or use of a motor vehicle or the use of a driver’s license or permit.

New Traffic Laws Effective July 1, 2008

Teens and Graduated Driver’s Licenses

SB1930/P.A. 95-0747 (625 ILCS 5/6-110) Graduated Drivers (Effective Date: 07/22/08)

Amends the Illinois Vehicle Code in reference to certain graduate drivers.

(a-2.5) The driver’s license of a person who is 17 years of age and has been licensed for at least 12 months is not invalid as described in subsection (a-1) of this Section while the licensee is participating as an assigned driver in a Safe Rides program that meets the following criteria:

(1) the program is sponsored by the Boy Scouts of America or another national public service organization; and

(2) the sponsoring organization carries liability insurance covering the program.

SB2391/P.A. 95-0757 (625 ILCS 5/11-412) (Effective Date: 07/25/08)

Amends the Illinois Vehicle Code. Provides that the Department of Transportation may furnish copies of its written accident reports to local agencies that are engaged in highway safety research and studies.

New Traffic Laws Effective August 1, 2008

SB2494/P.A. 95-0778 DUI – Out of State

Amends the Illinois Vehicle Code. Provides that a person who commits the offense of driving under the influence during a period in which his or her driving privileges are revoked or suspended, where the revocation or suspension was for driving under the influence or a similar provision of the law of another jurisdiction is guilty of a Class 4 felony.

HB4251/P.A. 95-0785 (625 ILCS 5/11-709.1) Farm Tractors on Shoulder

(Effective Date: 08/08/08)

Amends the Illinois Vehicle Code. Provides that the restrictions on driving a vehicle on the shoulder of a highway do not apply to any farm tractor or implement of husbandry.

HB4839/P.A. 95-0788 (625 ILCS 5/11-604) Effective Date 08/07/08

Amends the Illinois Vehicle Code. Provides that when the county board alters the maximum speed limit, the county board may post signs designating the new speed limit. Amends Public Act 95-574 (concerning alteration of speed limits by local authorities) to provide that it takes effect on the effective date of this amendatory Act or June 1, 2008, whichever occurs first.

HB5108/P.A. 95-0838 (625 ILCS 5/4-205) Towing Notice

(Effective Date: 08/15/08)

Amends the Illinois Vehicle Code. In language providing that a towing service may cause the vehicle registration records of the State to be searched by the Secretary of State when ownership information is needed for the towing service to give notification as required under the Code, provides that the towing service also shall give notice to all lien holders of record within the time period required for other notices.

Disclaimer: This list is not intended to be all-inclusive. This page contains general information that is intended, but not guaranteed, to be correct, complete and up-to-date.  It is not intended to be a source of legal advice. You should not rely on the information on this page and should always seek the advice of a competent lawyer.