HB5704 99TH GENERAL ASSEMBLY

LRB099 16533 AXK 45095 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5704

Introduced , by Rep. Robert W. Pritchard

SYNOPSIS AS INTRODUCED:

625 ILCS 5/6-116.5
625 ILCS 5/6-903	from Ch. 95 1/2, par. 6-903
625 ILCS 5/11-503	from Ch. 95 1/2, par. 11-503

Amends the Illinois Vehicle Code. Provides that every driver shall report to the Secretary of State any medical condition that is likely to cause seizures within 10 days of the driver becoming aware of the condition. Includes seizures within the standard of physical disorders characterized by momentary or prolonged lapses of consciousness or control which constitute a limitation on a person's ability to operate a motor vehicle or causes the person to be a driving hazard. Provides that a person commits reckless driving when he or she knowingly drives a vehicle when that person has, within the preceding 3 months, experienced a loss of consciousness or a seizure that would interfere with the ability to safely operate a vehicle, unless the person's condition is controlled by medical treatment or medication. Effective January 1, 2017.

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 6-116.5, 6-903, and 11-503 as follows:

(625 ILCS 5/6-116.5)

Sec. 6-116.5. Driver's duty to report medical condition. Every driver shall report to the Secretary any medical condition, as defined by the Driver's License Medical Review Law of 1992, that is likely to cause loss of consciousness, seizures, or any loss of ability to safely operate a motor vehicle within 10 days of the driver becoming aware of the condition. The Secretary, in conjunction with the Driver's License Medical Advisory Board, shall determine by administrative rule the temporary conditions not required to be reported under the provisions of this Section. All information furnished to the Secretary under the provisions of this Section shall be deemed confidential and for the privileged use of the Secretary in accordance with the provisions of subsection (j) of Section 2-123 of this Code.

(Source: P.A. 89-584, eff. 7-31-96.)

(625 ILCS 5/6-903) (from Ch. 95 1/2, par. 6-903)

Sec. 6-903. Standard for determining medical limitation; records.

(a) The Secretary in cooperation with the Board shall establish standards for determining the degree to which a person's medical condition constitutes a limitation to the person's ability to operate a motor vehicle or causes the person to be a driving hazard.

(b) The standards may include, but need not be limited to, the following:

(1) Physical disorders characterized by momentary or prolonged lapses of consciousness or control, including, but not limited to, seizures.

(2) Disorders and impairments affecting the cardiovascular functions.

(3) Musculoskeletal disabilities and disorders affecting musculoskeletal functions.

(4) Vision and disorders affecting vision.

(5) The use of or dependence upon alcohol or drugs.

(6) The extent to which compensatory aids and devices may be utilized.

(7) Conditions or disorders that medically impair a person's mental health.

(Source: P.A. 87-1249.)

(625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503)

Sec. 11-503. Reckless driving; aggravated reckless driving.

(a) A person commits reckless driving if he or she:

(1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; or

(2) knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne; or .

(3) knowingly drives a vehicle when that person has, within the preceding 3 months, experienced a loss of consciousness or a seizure that would interfere with the ability to safely operate a vehicle, unless the person's condition is controlled by medical treatment or medication.

(b) Every person convicted of reckless driving shall be guilty of a Class A misdemeanor, except as provided under subsections (b-1), (c), and (d) of this Section.

(b-1) Except as provided in subsection (d), any person convicted of violating subsection (a), 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, is guilty of a Class 4 felony.

(c) Every person convicted of committing a violation of subsection (a) shall be guilty of aggravated reckless driving if the violation results in great bodily harm or permanent disability or disfigurement to another. Except as provided in subsection (d) of this Section, aggravated reckless driving is a Class 4 felony.

(d) Any person convicted of violating subsection (a), if the violation 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, is guilty of aggravated reckless driving. Aggravated reckless driving under this subsection (d) is a Class 3 felony.

(Source: P.A. 95-467, eff. 6-1-08.)

Section 99. Effective date. This Act takes effect January 1, 2017.