Summary of New Illinois Traffic and DUI laws in 2013
Donald Ramsell, DuPage County DUI Attorney and Past President of the DuPage County Bar Association, has prepared a list of new DUI and Traffic laws that drivers should be aware of for the new year 2013.
- Commercial Drivers No Texting or Cellphone Usage While Driving
P.A. 97-0829 effective January 1, 2013 Amends 625 ILCS 5/6-500, new 5/6-526 and 5/6-527
Prohibits a commercial driver from texting while driving. Prohibits motor carriers from allowing a driver to text while driving, even when temporarily stationary (such as a red light or train crossing). Exceptions for emergency services. Texting includes both typing and reading text from a device.
Also prohibits a commercial driver from using hand-held mobile phone with one hand while driving; by pressing more than one button to make or receive calls; or by leaving the seatbelted position to retrieve the phone while driving. Exceptions apply.
A violation is considered a “serious traffic violation” for CDL purposes.
- Cellphone Ban in Construction and Maintenance Speed Zones
P.A. 97-0830 Effective Date January 1, 2013 Amends 625 ILCS 5/12-610.1; 625 ILCS 5/11-605.1
Provides that no person may use a wireless telephone at any time while operating a motor vehicle in a construction or maintenance speed zone. Expands the definition of "construction or maintenance speed zone" to include an area where the Department of Transportation, Toll Highway Authority, or local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached. Provides that if it is determined that a preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional signs shall be posted which give proper due warning that a construction or maintenance speed zone is being approached, indicate the maximum speed limit in effect, and state the amount of the minimum fine for a violation. Provides that the Section prohibiting the use of wireless telephones in school speed zones and construction or maintenance speed zones does not apply to a person using a telephone in voice-operated (instead of "voice-activated") mode or to a person using a wireless telephone by pressing a single button to initiate or terminate a voice communication. Provides that voice-operated mode includes the use of a headset.
- Use of DUI Technology Funds Expanded
P.A. 97-1050 Effective January 1, 2013 Amends 625 ILCS 5/11-501.01
Provides that moneys in the State Police DUI Fund shall be used to purchase law enforcement equipment that will assist in the prevention of alcohol related criminal violence throughout the State (instead of for enforcement and prevention of driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof, including but not limited to the purchase of law enforcement equipment and commodities that will assist in the prevention of alcohol related criminal violence throughout the State; police officer training and education in areas related to alcohol related crime, including but not limited to DUI training; and police officer salaries, including but not limited to salaries for hire back funding for safety checkpoints, saturation patrols, and liquor store sting operations).
Deletes the requirement that the funds be used strictly for the purchase of in-squad video cameras, radar and laser speed technology and Breath-alcohol testing equipment.
- Allowance of Residence for Underage Drinking
P.A. 97-1049 Effective Date January 1, 2013 Amends 235 ILCS 5/6-16 of the Liquor Control Act of 1934.
Makes it a misdemeanor carrying a $500 fine for any adult to knowingly permit minors under the age of 21 to drink alcohol on their property or in their home. If the violation results in bodily harm or death, the adult will be charged with a felony. Provides that a parent or guardian who knowingly permits his or her residence, or any other private property under his or her control, (instead of knowingly permit his or her residence) to be used by an invitee, under the age of 21, of the parent's child or the guardian's ward in a manner that constitutes a violation of the Act's prohibited sales and possession provisions is guilty of a Class A misdemeanor. Provides that a parent or guardian is deemed to have knowingly permitted his or her residence, or any other private property under his or her control, to be used in violation of the Act if he or she knowingly authorizes or permits (instead of knowingly authorizes, enables, or permits) consumption of alcohol by underage invitees. In provisions concerning the use of a residence by an underage invitee, modifies some of the elements of the offense by (i) providing that any person, including a tenant or lessee, who knowingly authorizes or permits (instead of permits) a residence (instead of a gathering at a residence) which he or she occupies to be used by an invitee under 21 years of age for possession or use of an alcoholic beverage violates the Act, if other specified conditions are met; and (ii) by striking the requirement that the person occupying the residence know that the underage person who possesses or consumes alcohol left the residence intoxicated. Provides that a person shall not be in violation of the provisions of this Act concerning prohibited underage alcohol consumption at a residence if (A) he or she requests assistance from the police department or other law enforcement agency to either (i) remove any person who refuses to abide by the person's performance of his or her legal duties under this Act or (ii) terminate the activity because the person has been unable to prevent a person under the age of 21 years from consuming alcohol despite having taken all reasonable steps to do so and (B) this assistance is requested before any other person makes a formal complaint to the police department or other law enforcement agency about the activity.
- Fraudulent Use of Disability Placard of Deceased Individual
P.A. 97-0844 Effective January 1, 2013 625 ILCS 5/6-205; 625 ILCS 5/6-206; 625 ILCS 5/11-1301.3; 625 ILCS 5/11-1301.5; 625 ILCS 5/11-1301.6
Provides that it is a Class A misdemeanor with a $2,500 fine to use a disability license plate or parking decal or device to exercise privileges granted through the use of those items while the person to whom the disability license plate or parking decal or device was originally issued is deceased, and that a person who violates the new provisions or a similar local ordinance shall have his or her parking privileges revoked by the Secretary of State. Provides that a person who commits a first violation of provisions prohibiting the use of a disability license plate or parking decal or device by a person who is not the authorized holder or is not transporting the authorized holder to or from the parking location shall be fined $500 and have his or her driving privileges suspended. Provides that a person who commits a second or subsequent violation is guilty of a Class A misdemeanor, shall be fined $2,500, and shall have his or her driving privileges revoked. Provides that the Secretary of State shall suspend the driving privileges of a person who violates a similar provision of a local ordinance concerning fictitious or unlawfully altered disability license plates or parking decals or devices or concerning fraudulent disability license plates or parking decals or devices.
- Visitation Abuse Driver’s License Suspension
P.A. 97-1047 Effective August 21, 2012 625 ILCS 5/7-701; 625 ILCS 5/7-702; 625 ILCS 5/7-702.1; 625 ILCS 5/7-703; 625 ILCS 5/7-704; 625 ILCS 5/7-705; 625 ILCS 5/7-705.2 new; 625 ILCS 5/7-706; 625 ILCS 5/7-708; 750 ILCS 5/607.1
Amends the Illinois Vehicle Code and the Illinois Marriage and Dissolution of Marriage Act. Provides that the Secretary of State shall suspend, pursuant to court order, the driver's license of a person adjudicated by a court to have engaged in visitation abuse. Provides procedures for that suspension process. Provides that the court, upon finding that a party engaged in visitation abuse, may order: the suspension of the offending party's Illinois driving privileges pursuant to the Illinois Vehicle Code, until the court has determined that there has been sufficient compliance with the court's visitation order and that full driving privileges shall be reinstated; the issuance of a family responsibility driving permit to the offending party to allow limited driving privileges for employment, for medical purposes, and to transport a child pursuant to a visitation order; the placement of the offending party on probation; or the sentencing of the offending party to periodic imprisonment for up to 6 months, provided that the court may allow periods of release for work. Further amends the Illinois Marriage and Dissolution of Marriage Act. Provides if the court, upon holding a party in contempt for violation of a visitation order and finding that the party engaged in visitation abuse, may find that the party is guilty of a petty offense and impose a fine of no more than $500 for each finding of visitation abuse.
- Additional Fees for State Police Merit Board from traffic tickets
P.A. 97-1051 Effective January 1, 2013 20 ILCS 2610/7.2 new; 30 ILCS 105/5.811 new; 705 ILCS 105/27.6
Amends the State Police Act. Creates the State Police Merit Board Public Safety Fund which shall be used to provide training for law enforcement personnel. Provides that the fund is not subject to sweeps or any other fiscal or budgetary maneuver from that fund into another State fund. Amends the State Finance Act to add the State Police Merit Board Public Safety Fund as a special fund in the State treasury. Amends the Clerks of Courts Act. Provides that in addition to any other fines and costs, a person who is convicted of or pleads guilty to a violation of the Criminal Code of 1961, or of a similar provision of a local ordinance, or who is convicted of, pleads guilty to, or receives a disposition of court supervision for a violation of the Illinois Vehicle Code, or of a similar provision of a local ordinance, shall pay an additional fee of $15 to the circuit court clerk. Provides that this fee shall not be considered a part of the fine for purposes of any fine reduction for time served. Provides that 2.5% of the fee shall be retained by the clerk to defray administrative costs. Provides that the clerk shall send the fees collected under this provision to the State Treasurer within 60 days after receipt for deposit into the State Police Merit Board Public Safety Fund.
- Speeding 31 Plus Above Limit – No Supervision
P.A. 97-0831 Effective July 1, 2013 Amends 720 ILCS 5/7-1
Amends the Unified Code of Corrections. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant drives a vehicle upon any highway of the State at a speed that is 31 miles per hour or more (rather than 40 miles per hour or more) in excess of the applicable maximum speed limit established under the Illinois Vehicle Code or a local ordinance. Provides that the court shall not enter an order of supervision to a defendant charged with speeding when the defendant was operating a vehicle, in an urban district, at a speed in excess of 25 miles per hour over the posted speed limit.
- Additional Penalties for the Victims Assistance Fund
P.A. 97-0816 Effective July 1, 2012 Amends 725 ILCS 240/10
Provides that if a defendant is unable to pay the total fines, fees, and costs at the time of sentencing, the circuit clerk may establish a payment schedule based upon the information provided on a form prepared by the clerk setting forth the defendant's assets, liabilities, income, and expenses. Provides that in evaluating the defendant's expenses, the clerk shall consider only reasonable, necessary expenses. Provides that the clerk may modify the payment schedule upon a showing of good cause by the defendant. Amends the Violent Crime Victims Assistance Act. Changes the additional penalty imposed, the proceeds of which are deposited into the Violent Crime Victims Assistance Fund to: (1) $100 for a felony; (2) $50 for an offense under the Illinois Vehicle Code, excluding speeding offenses and certain equipment offenses and certain other violations; and (3) $75 for a misdemeanor, excluding conservation offenses.
- Impoundment for No Vehicle Stickers
P.A. 97-0937 Effective August 10, 2012 625 ILCS 5/3-704.1; 625 ILCS 5/11-1430.1 new
Provides that a municipality may provide by ordinance for a program of vehicle immobilization to facilitate enforcement of municipal vehicle tax liability. Contains additional provisions governing notice and procedural matters involving implementation of the new Section. Provides that payment in full of any fine or penalty resulting from a vehicle tax violation shall constitute a final disposition of that violation. Effective immediately.
- Leaving Scene of Accident - Moving Vehicle to Safe Place – 11-401
P.A. 97-0673 Effective January 1, 2013 Amends 625 ILCS 5/11-402
Amends the Illinois Vehicle Code. Provides that the driver of a vehicle involved in a motor vehicle accident resulting only in damage to a vehicle may move the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remain at that location until the driver has fulfilled the requirements of the Section of the Code concerning the duty to give information and render aid.
- Expungement of Reckless Driving Arrests Driver Under 25
P.A. 97-0698 Effective January 1, 2013Amends 720 ILCS 5/11-9.3; 720 ILCS 5/11-9.4-1
Provides that those arrests or charges that resulted in orders of supervision for a misdemeanor violation of the reckless driving statute or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for DUI or reckless driving or a similar provision of a local ordinance shall not be eligible for sealing or expungement until the petitioner has reached the age of 25 years.
- No Federal Funds Accepted for Motorcycle checkpoints
P.A. 97-746, eff. 7-6-12 Amends 30 ILCS 105/8.56 new
Amends the State Finance Act. Provides that a law enforcement agency of this State or a political subdivision of this State may not accept federal funding the purpose of which is to establish motorcycle-only roadside checkpoints.
- Taxi driver records made available
P.A. 97-1062, eff. 1-1-13 625 ILCS 55/15 new
Amends the Taxi Safety Act of 2007. Taxi safety reporting. In counties in which vehicle citation records are not readily available to the public, the clerk of the circuit court shall furnish a list of all moving violations involving a taxi or an individual licensed or registered as a taxi driver upon the request of a unit of government that licenses, registers, or otherwise regulates taxi drivers.
- Vehicle Forfeiture – Out Of State Suspend/Revoke
P.A. 97-984, eff. 1-1-13 Amends 625 ILCS 5/6-303
Amends the Illinois Vehicle Code. Provides that a motor vehicle used in violation of the Section concerning driving on a suspended or revoked license is subject to seizure and forfeiture if the person's driving privileges were revoked or suspended as a result of a similar provision of a law of another state relating to: (1) operating or being in physical control of a vehicle while under the influence of alcohol, any other drug or any combination thereof, (2) leaving the scene of a motor vehicle accident involving personal injury or death; (3) failure to submit to drug or alcohol testing; or (4) reckless homicide.
- Revocation of Driving Privileges from drug Offenses
P.A. 97-838, eff. 7-20-12 Amends 625 ILCS multi
Amends the Illinois Vehicle Code. Provides that the Secretary of State shall immediately revoke the driving privileges of a person convicted of second or subsequent conviction of illegal possession, while operating or in actual physical control, as a driver, of a motor vehicle, of any controlled substance prohibited under the Illinois Controlled Substances Act, any cannabis prohibited under the Cannabis Control Act, or any methamphetamine prohibited under the Methamphetamine Control and Community Protection Act. Provides that a defendant found guilty of this offense while operating a motor vehicle shall have an entry made in the court record by the presiding judge that this offense did occur while the defendant was operating a motor vehicle and order the clerk of the court to report the violation to the Secretary of State. Provides that a person convicted for a first time shall have his or her driving privileges suspended for a period of one year. Removes language providing that the Secretary of State shall suspend the driving privileges of a person convicted for a second or subsequent time for a period of 5 years. Further amends the Illinois Vehicle Code. Provides that the Secretary of State may require (instead of "allow, but not require") licensees under certain Chapters of the Code to submit any required record by using electronic media deemed feasible by the Secretary in addition to (rather than "instead of") requiring the actual submittal of the original paper record. Provides that the Secretary may also allow (instead of "allow, but not require") a person or licensee to receive any record to be provided by the Secretary by using electronic media instead of providing the original paper record. Provides that the Secretary may issue a dealer lien release certificate of title for a fee of $20, provided certain conditions are met. Provides that the Secretary may deny, revoke, or suspend the dealer license of a licensee who has failed to pay, within 90 days after notice has been given, any fine or fee owed as a result of an administrative citation issued by the Secretary. Provides that instead of filing a criminal complaint against an entity licensed by the Secretary, a Secretary of State Police investigator may issue administrative citations for violations of statutes or rules concerning dealers, transporters, wreckers and rebuilders. Contains procedural requirements concerning the issuance of administrative citations. Provides that the penalty imposed by issuance of an administrative citation shall not exceed $50 per violation. Provides that penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund. Provides that only the provisions added by the amendment are effective immediately.
- Disabled Parking Fees Allowable
P.A. 97-845, eff. 1-1-13 Amends 625 ILCS multi
Amends the Illinois Vehicle Code. Disabled person’s exemption from paying most parking meter fees ends 1-1-14. A county or municipality can still contract with shopping centers, hospitals, etc. to regulate parking. “Beginning 1-1-14, a vehicle displaying a decal or device issued … shall be exempt from the payment of fees generated by parking in a metered space or in a publicly owned parking structure or area.” Beginning 1-1-14 the Secretary of State hall provide by administrative rule for the issuance of a separate and distinct parking decal or device for persons with disabilities. Specifies criteria for determination of disability (can’t manipulate coins, approach meter, etc.) and requires a certification from a licensed physician, PA or APN. Also applicable for a disability decal is the parent/guardian of a disabled child, under age 18 who is incapable of driving.
Most fictitious or unlawfully altered disability license plate or decal violations increased to $1,000 minimum fine (from $500) for a first offense (Class A misdemeanor), and to a minimum $2,000 fine (from $1,000) for a second or subsequent offense (Class IV felony). Unlawful transfer of decal – (b)(6) violations minimum fine increase to $1,000 for a first offense, and $2,000 for a second or subsequent offense (both Class A). Makes it a new offense for a physician, PA, or APN to knowingly falsify a certification that a person is a person with disabilities as defined – Class A first offense; Class 4 second or subsequent.
- Culinary Student Liquor Control
P.A. 97-1058, eff. 8-24-12 Amends 235 ILCS 5/6-20
Amends the Liquor Control Act of 1934. Provides that the provisions of the Act prohibiting the possession of alcoholic liquor by a person under 21 years of age and dispensing of alcoholic liquor to a person under 21 years of age do not apply in the case of a student under 21 years of age, but 18 years of age or older, who: (1) tastes, but does not imbibe, alcoholic liquor only during times of a regularly scheduled course while under the direct supervision of an instructor who is at least 21 years of age and employed by an accredited educational institution; (2) is enrolled as a student in a college, university, or post-secondary educational institution that is accredited or certified by an agency recognized by the United States Department of Education or a nationally recognized accrediting agency or association or that has a permit of approval issued by the Board of Higher Education pursuant to the Private Business and Vocational Schools Act of 2012; (3) is participating in a culinary arts, food service, or restaurant management degree program of which a portion of the program includes instruction on responsible alcoholic beverage serving methods modeled after the Beverage Alcohol Sellers and Server Education and Training (BASSET) curriculum; and (4) tastes, but does not imbibe, alcoholic liquor for instructional purposes as a part of a required course in which the student temporarily possesses alcoholic liquor for tasting, not imbibing, purposes only and, thereafter, the alcoholic liquor is possessed and remains under the control of the instructor. Further amends the Liquor Control Act of 1934. In an exception to the prohibition against an underage person possessing alcoholic liquor, provides that a person who meets other requirements and is a culinary, food service, or restaurant management student may taste, but not imbibe, alcoholic liquor up to, but not exceeding, 6 times per class (instead of 6 times per course) for instructional purposes as a part of a required course. Effective immediately.
- Motorcycle Red Light Law
P.A. 97-762, eff. 7-6-12 Amends 625 ILCS 5/11-208.6 625 ILCS 5/11-306
Amends the Illinois Vehicle Code. Provides that the driver of a motorcycle may proceed through a red light which fails to change to a green light "within a reasonable period of time not less than 120 seconds" (instead of "within a reasonable period of time").
Although the descriptions above are a fair summarization of the new laws and changes, they are not intended to replace a complete review of the exact language contained in the Public Acts referred to therein. Also, one should always consult with an Illinois Traffic and DUI Lawyer for advice regarding how or whether a law applies.