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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1221
Introduced 2/18/2005, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED:
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625 ILCS 5/12-613 new |
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625 ILCS 5/12-715 rep. |
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Amends the Illinois Vehicle Code. Prohibits the possession and use of radar or laser jamming devices in all vehicles (rather than only in commercial vehicles). Provides that a vehicle or driver may not be stopped or searched solely on the basis of a violation or suspected violation of the provision. Repeals a provision prohibiting the possession and use of these devices in commercial vehicles.
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A BILL FOR
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SB1221 |
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LRB094 10047 DRH 40305 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by adding |
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| Section 12-613 as follows:
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| (625 ILCS 5/12-613 new) |
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| Sec. 12-613. Possession and use of radar or laser jamming |
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| devices prohibited. |
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| (a) Except as provided in subsection (b), a person may not |
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| operate or be in actual physical control of a motor vehicle |
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| while
the motor vehicle is equipped with any instrument |
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| designed to interfere
with microwaves or lasers at frequencies |
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| used by police radar for the purpose
of
monitoring vehicular |
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| speed. |
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| (b) A person operating a
motor vehicle who
possesses within |
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| the vehicle a radar or laser jamming device that is
contained
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| in a
locked opaque box or similar container, or that is not in |
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| the passenger
compartment of the vehicle, and that is not in |
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| operation, is not in
violation of this Section.
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| (c) Any person found guilty of violating this Section is |
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| guilty of a
petty offense. A minimum fine of $50 shall be |
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| imposed for a first offense
and a minimum fine of $100 for a |
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| second or subsequent offense.
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| (d) The radar or laser jamming device or mechanism shall be |
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| seized by
the
law
enforcement officer at the time of the |
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| violation. This Section does not authorize the permanent |
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| forfeiture to the State of any
radar or laser jamming device or |
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| mechanism. The device or mechanism
shall
be
taken and held for |
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| the period when needed as evidence. When no longer
needed for |
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| evidence, the defendant may petition the court for the return |
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| of
the device or mechanism. The defendant, however, must prove |
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| to the court by
a preponderance of the evidence that the device |