HB3478 99TH GENERAL ASSEMBLY

LRB099 10155 RJF 30378 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3478

Introduced , by Rep. Margo McDermed

SYNOPSIS AS INTRODUCED:

625 ILCS 5/1-187.001
625 ILCS 5/11-601.5

Amends the Illinois Vehicle Code. Provides that the court has the discretion to determine that a violation of driving at a speed that is 26 or 35 miles per hour or more in excess of the applicable maximum speed limit is not a serious traffic violation and order the clerk of the court to report the finding to the Secretary of State. Makes corresponding changes.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 1-187.001 and 11-601.5 as follows:

(625 ILCS 5/1-187.001)

Sec. 1-187.001. Serious traffic violation.

(a) A conviction when operating a motor vehicle for:

(1) a violation of subsection (a) of Section 11-402, relating to a motor vehicle accident involving damage to a vehicle;

(2) a violation of Section 11-403, relating to failure to stop and exchange information after a motor vehicle collision, property damage only;

(3) a violation of subsection (a) of Section 11-502, relating to illegal transportation, possession, or carrying of alcoholic liquor within the passenger area of any vehicle;

(4) a violation of Section 6-101 relating to operating a motor vehicle without a valid license or permit;

(5) a violation of Section 11-403, relating to failure to stop and exchange information or give aid after a motor vehicle collision involving personal injury or death;

(6) Except as provided in subsection (c) of Section 11-601.5, a violation relating to excessive speeding, involving a single speeding charge of 26 miles per hour or more above the legal speed limit;

(7) a violation relating to reckless driving;

(8) a violation of subsection (d) of Section 11-707, relating to passing in a no-passing zone;

(9) a violation of subsection (b) of Section 11-1402, relating to limitations on backing upon a controlled access highway;

(10) a violation of subsection (b) of Section 11-707, relating to driving on the left side of a roadway in a no-passing zone;

(11) a violation of subsection (e) of Section 11-1002, relating to failure to yield the right-of-way to a pedestrian at an intersection;

(12) a violation of Section 11-1008, relating to failure to yield to a pedestrian on a sidewalk; or

(13) a violation of Section 11-1201, relating to failure to stop for an approaching railroad train or railroad track equipment or signals; or

(b) Any other similar violation of a law or local ordinance of any state relating to motor vehicle traffic control, other than a parking violation.

(c) A violation of any of these defined serious traffic offenses shall not preclude the defendant from being eligible to receive an order of court supervision under Section 5-6-1 of the Unified Code of Corrections.

(Source: P.A. 98-511, eff. 1-1-14.)

(625 ILCS 5/11-601.5)

Sec. 11-601.5. Driving 26 miles per hour or more in excess of applicable limit.

(a) A person who drives a vehicle upon any highway of this State at a speed that is 26 miles per hour or more but less than 35 miles per hour in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class B misdemeanor.

(b) A person who drives a vehicle upon any highway of this State at a speed that is 35 miles per hour or more in excess of the applicable maximum speed limit established under this Chapter or a local ordinance commits a Class A misdemeanor.

(c) The court has the discretion to determine that a violation of this Section is not a serious traffic violation and order the clerk of the court to report the finding to the Secretary of State.

(Source: P.A. 98-511, eff. 1-1-14.)