New Illinois Traffic and DUI Laws in 2011
P.A. 96-1165 (effective July 22, 2010) Stop for Pedestrian
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.
P.A. 96-1305, (effective January 1, 2011) Revocation - Caused Death
Provides that the Secretary of State shall immediately revoke the driving privileges of any person who has been convicted of an offense that involved the unlawful operation of a motor vehicle when that offense "was the proximate cause of the death of any person the death of any person" Further provides that any person whose driving privileges have been revoked under the provisions of the introduced bill may seek to have the revocation terminated or to have the length of revocation reduced, by requesting an administrative hearing with the Secretary of State prior to the projected driver's license application eligibility date.
P.A. 96-1230 (eff. 1-1-11) Aggravated DUI Great Bodily Harm 85% Sentencing
Amends the Unified Code of Corrections. Provides that the rules and regulations on early release shall provide that a prisoner who is serving a sentence for aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof that involved a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries and the offense was committed on or after the effective date of the amendatory Act, shall receive no more than 4.5 days of good conduct credit for each month of his or her sentence of imprisonment.
P.A. 96-1173, eff. 7-22-10 Emergency Response Penalty
Amends the Illinois Vehicle Code. Provides that in addition to any other fine or penalty required by law, the court may assess an additional criminal penalty in an amount not exceeding $100 per public agency for each emergency response related to (rather than proximately caused by) a person's conviction for reckless driving or speeding in excess of 40 miles per hour over the posted speed limit for a first reckless driving or excessive speeding violation and $500 for a second or subsequent violation .
P.A. 96-1180, eff. 1-1-11 Driving Privileges - RDP & reporting
Amends the Illinois Vehicle Code to provide that in certain undue hardship cases where a person's driving privileges have been suspended or revoked, the Secretary of State may issue a restricted driving permit to allow a person to transport children, elderly persons, or disabled persons who do not hold driving privileges and are living in the person's household (rather than just children living in the person's household) to and from daycare. Amends the Unified Code of Corrections. Provides that during a sentencing hearing, the court must make a finding of whether a motor vehicle was used in the commission of the offense for which the defendant is being sentenced. Provides that in cases in which the court finds that a motor vehicle was used in the commission of the offense, the clerk of the court shall, within 5 days thereafter, forward a report of such conviction to the Secretary of State.
P.A. 96-1184, eff. 7-22-102 Fine Repayment Plan to Lift Suspensions
Amends the Illinois Vehicle Code. Provides that the Secretary of State shall terminate the driving privileges suspension of a person who failed to pay fines or penalties for standing, parking, compliance, or automated traffic law violations whenever the person has entered into a payment plan pursuant to which the municipality has agreed to terminate the suspension. Provides that Secretary of State shall suspend the driving privileges of a person who is more than 14 days in default of such a payment plan. Makes other changes.
P.A. 96-1175, eff. 9-20-10 Serious Traffic Violation Fees
Amends the Illinois Vehicle Code, the Clerks of Courts Act, and the Unified Code of Corrections. Provides that any person who is convicted of or pleads guilty to a serious traffic violation, as defined in the Illinois Vehicle Code, shall pay an additional fee of $40 (rather than $20). Provides that $15 (rather than $7.50) of the fee shall be deposited into the Fire Prevention Fund in the State treasury, $15 (rather than $7.50) shall be deposited into the Fire Truck Revolving Loan Fund in the State treasury, and $10 (rather than $5) shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court. Makes technical changes. Effective 60 days after becoming law. Provides that any person who is convicted of or pleads guilty to a serious traffic violation, as defined in the Illinois Vehicle Code, shall pay an additional fee of $35 (rather than $20 in current law and $40 in the introduced bill). Restores current law with respect to the amount of money ($5 rather than $10, as provided by the introduced bill) that shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the Clerk of the Circuit Court.
P.A. 96-1147, eff. 7-21-10 Accident Reports - Research
Amends a provision of the Illinois Vehicle Code concerning accident reports. Provides that upon request, the Department of Transportation shall furnish copies of its written accident reports to federal, State, and local agencies that are engaged in highway safety research and studies. Provides that the reports shall be for the privileged use of the federal, State, and local agencies receiving the reports and shall be held confidential.
P.A. 96-1237, eff. 1-1-11 Intoxicated Driver Instructors or Supervisors
In a provision concerning instruction permits, provides that an instruction permit shall be restricted, by the Secretary of State, to the operation of a motor vehicle by the minor only when "under direct supervision of" (rather than "accompanied by") the adult instructor of a driver education program during enrollment in the program or when practicing "under direct supervision of" (rather than "with") a parent, legal guardian, family member, or other person who is 21 years of age or more, has a license classification to operate such vehicle and at least one year of driving experience, and who is occupying a seat beside the driver. Creates an offense of intoxicated instructors and supervisors, making it illegal to do so while under the influence. makes the penalty a Class A misdemeanor.
P.A. 96-1284, eff. 1-1-11 Non-support RDPs
Amends the Illinois Public Aid Code and Illinois Vehicle Code. Provides that an unemployed person that has been found in contempt by the court for failure to pay court ordered child support payments or upon a motion by the obligor who is subject to having his or her driver's license suspended pursuant to provisions of the family financial responsibility law of the Illinois Vehicle Code, may be issued a restricted driving permit for the purpose of seeking employment, which may be subject to the requirements set forth in the Illinois Marriage and Dissolution of Marriage Act. Provides that except upon a showing of good cause, any permit issued for the purpose of seeking employment shall be limited to Monday through Friday between the hours of 8 a.m. and 12 p.m. Provides that following the certification of delinquency or upon a motion by the obligor who is subject to having his or her driver's license suspended for failure to pay child support, the Department of Healthcare and Family Services may direct the Secretary of State to issue a family financial responsibility driving permit under the purposes and limitations set forth for other family financial responsibility driving permits and sets forth rules and procedures for the issuance of the permit.
P.A. 96-1007, eff. 1-1-11 Bicycle Safety - Auto
Provides that a person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a "bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle". The penalty for a crowding a bicyclist from is a Class 3 felony.
P.A. 96-1080, eff. 7-16-10 CDL Requirements
Provides that certain information relating to a first offender's driving under the influence offense is not privileged when the offender is a commercial driver's license holder and operating a commercial motor vehicle or vehicle required to be placarded as hazardous materials. Makes other changes.