Illinois 2023-2024 Regular Session

Illinois House Bill HB4848 Compare Versions

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1-Public Act 103-0730
21 HB4848 EnrolledLRB103 37935 MXP 68067 b HB4848 Enrolled LRB103 37935 MXP 68067 b
32 HB4848 Enrolled LRB103 37935 MXP 68067 b
4-AN ACT concerning transportation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Vehicle Code is amended by
8-changing Section 15-109.1 as follows:
9-(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
10-Sec. 15-109.1. Covers or tarpaulins required for certain
11-loads.
12-(a) No person shall operate or cause to be operated, on a
13-highway, any second division vehicle loaded with dirt,
14-aggregate, garbage, refuse, or other similar material, when
15-any portion of the load is falling, sifting, blowing, dropping
16-or in any way escaping from the vehicle.
17-(b) No person shall operate or cause to be operated, on a
18-highway, any second division vehicle having a gross vehicle
19-weight rating of 8,000 pounds or more loaded with dirt,
20-aggregate, garbage, refuse, or other similar material in or on
21-any part of the vehicle other than in the cargo area. In
22-addition, no person shall operate on any highway, such vehicle
23-unless the tailgate on the vehicle is in good repair and
24-operating condition and closes securely so as to prevent any
25-load, residue, or other material from escaping.
26-(c) This Section shall not apply to the operation of
3+1 AN ACT concerning transportation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Vehicle Code is amended by
7+5 changing Section 15-109.1 as follows:
8+6 (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
9+7 Sec. 15-109.1. Covers or tarpaulins required for certain
10+8 loads.
11+9 (a) No person shall operate or cause to be operated, on a
12+10 highway, any second division vehicle loaded with dirt,
13+11 aggregate, garbage, refuse, or other similar material, when
14+12 any portion of the load is falling, sifting, blowing, dropping
15+13 or in any way escaping from the vehicle.
16+14 (b) No person shall operate or cause to be operated, on a
17+15 highway, any second division vehicle having a gross vehicle
18+16 weight rating of 8,000 pounds or more loaded with dirt,
19+17 aggregate, garbage, refuse, or other similar material in or on
20+18 any part of the vehicle other than in the cargo area. In
21+19 addition, no person shall operate on any highway, such vehicle
22+20 unless the tailgate on the vehicle is in good repair and
23+21 operating condition and closes securely so as to prevent any
24+22 load, residue, or other material from escaping.
25+23 (c) This Section shall not apply to the operation of
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33-highway maintenance vehicles engaged in removing snow and ice
34-from the roadway, nor to implements of husbandry or other farm
35-vehicles while transporting agricultural products to or from
36-the original place of production.
37-(d) For the purpose of this Section "aggregate" shall
38-include all ores, minerals, sand, gravel, shale, coal, clay,
39-limestone or any other ore or mineral which may be mined.
40-(e) Notwithstanding any other penalty, whenever a police
41-officer determines that the operator of a vehicle is in
42-violation of this Section, as evidenced by the issuance of a
43-citation for a violation of Section 15-109.1 of this Code, or
44-where a police officer determines that a dangerous condition
45-exists whereby any portion of the load may fall, sift, blow,
46-drop, or in any way escape or fall from the vehicle, the police
47-officer shall require the operator to stop the vehicle in a
48-suitable place and keep such vehicle stationary until the load
49-has either been reduced, secured, or covered with a cover or
50-tarpaulin of sufficient size to prevent any further violation
51-of this Section.
52-(f) No person shall operate or cause to be operated, on a
53-highway, a commercial motor vehicle, with the exception of a
54-highway maintenance vehicle, transporting garbage or refuse
55-unless the tailgate on the vehicle is in good working repair,
56-good operating condition, and closes securely, with a cover or
57-tarpaulin of sufficient size attached, so as to prevent any
58-load, residue, or other material from escaping.
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34+1 highway maintenance vehicles engaged in removing snow and ice
35+2 from the roadway, nor to implements of husbandry or other farm
36+3 vehicles while transporting agricultural products to or from
37+4 the original place of production.
38+5 (d) For the purpose of this Section "aggregate" shall
39+6 include all ores, minerals, sand, gravel, shale, coal, clay,
40+7 limestone or any other ore or mineral which may be mined.
41+8 (e) Notwithstanding any other penalty, whenever a police
42+9 officer determines that the operator of a vehicle is in
43+10 violation of this Section, as evidenced by the issuance of a
44+11 citation for a violation of Section 15-109.1 of this Code, or
45+12 where a police officer determines that a dangerous condition
46+13 exists whereby any portion of the load may fall, sift, blow,
47+14 drop, or in any way escape or fall from the vehicle, the police
48+15 officer shall require the operator to stop the vehicle in a
49+16 suitable place and keep such vehicle stationary until the load
50+17 has either been reduced, secured, or covered with a cover or
51+18 tarpaulin of sufficient size to prevent any further violation
52+19 of this Section.
53+20 (f) No person shall operate or cause to be operated, on a
54+21 highway, a commercial motor vehicle, with the exception of a
55+22 highway maintenance vehicle, transporting garbage or refuse
56+23 unless the tailgate on the vehicle is in good working repair,
57+24 good operating condition, and closes securely, with a cover or
58+25 tarpaulin of sufficient size attached, so as to prevent any
59+26 load, residue, or other material from escaping.
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61-(g) Any violation of the provisions of this Section shall
62-be a petty offense punishable by a fine not to exceed $150
63-$250. In addition, a person, firm, or corporation convicted of
64-4 or more violations of subsection (f) within a 12-month
65-period shall be fined an additional amount of $150 for the
66-fourth and each subsequent conviction within the 12-month
67-period. Regarding a firm or corporation, a fourth or
68-subsequent conviction means a fourth or subsequent conviction
69-attributable to one employee-driver.
70-(Source: P.A. 91-858, eff. 1-1-01.)
71-Section 10. The Criminal and Traffic Assessment Act is
72-amended by changing Section 15-70 as follows:
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70+1 (g) Any violation of the provisions of this Section shall
71+2 be a petty offense punishable by a fine not to exceed $150
72+3 $250. In addition, a person, firm, or corporation convicted of
73+4 4 or more violations of subsection (f) within a 12-month
74+5 period shall be fined an additional amount of $150 for the
75+6 fourth and each subsequent conviction within the 12-month
76+7 period. Regarding a firm or corporation, a fourth or
77+8 subsequent conviction means a fourth or subsequent conviction
78+9 attributable to one employee-driver.
79+10 (Source: P.A. 91-858, eff. 1-1-01.)
80+11 Section 10. The Criminal and Traffic Assessment Act is
81+12 amended by changing Section 15-70 as follows:
82+13 (705 ILCS 135/15-70)
83+14 Sec. 15-70. Conditional assessments. In addition to
84+15 payments under one of the Schedule of Assessments 1 through 13
85+16 of this Act, the court shall also order payment of any of the
86+17 following conditional assessment amounts for each sentenced
87+18 violation in the case to which a conditional assessment is
88+19 applicable, which shall be collected and remitted by the Clerk
89+20 of the Circuit Court as provided in this Section:
90+21 (1) arson, residential arson, or aggravated arson,
91+22 $500 per conviction to the State Treasurer for deposit
92+23 into the Fire Prevention Fund;
93+24 (2) child pornography under Section 11-20.1 of the
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104+1 Criminal Code of 1961 or the Criminal Code of 2012, $500
105+2 per conviction, unless more than one agency is responsible
106+3 for the arrest in which case the amount shall be remitted
107+4 to each unit of government equally:
108+5 (A) if the arresting agency is an agency of a unit
109+6 of local government, $500 to the treasurer of the unit
110+7 of local government for deposit into the unit of local
111+8 government's General Fund, except that if the Illinois
112+9 State Police provides digital or electronic forensic
113+10 examination assistance, or both, to the arresting
114+11 agency then $100 to the State Treasurer for deposit
115+12 into the State Crime Laboratory Fund; or
116+13 (B) if the arresting agency is the Illinois State
117+14 Police, $500 to the State Treasurer for deposit into
118+15 the State Crime Laboratory Fund;
119+16 (3) crime laboratory drug analysis for a drug-related
120+17 offense involving possession or delivery of cannabis or
121+18 possession or delivery of a controlled substance as
122+19 defined in the Cannabis Control Act, the Illinois
123+20 Controlled Substances Act, or the Methamphetamine Control
124+21 and Community Protection Act, $100 reimbursement for
125+22 laboratory analysis, as set forth in subsection (f) of
126+23 Section 5-9-1.4 of the Unified Code of Corrections;
127+24 (4) DNA analysis, $250 on each conviction in which it
128+25 was used to the State Treasurer for deposit into the State
129+26 Crime Laboratory Fund as set forth in Section 5-9-1.4 of
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140+1 the Unified Code of Corrections;
141+2 (5) DUI analysis, $150 on each sentenced violation in
142+3 which it was used as set forth in subsection (f) of Section
143+4 5-9-1.9 of the Unified Code of Corrections;
144+5 (6) drug-related offense involving possession or
145+6 delivery of cannabis or possession or delivery of a
146+7 controlled substance, other than methamphetamine, as
147+8 defined in the Cannabis Control Act or the Illinois
148+9 Controlled Substances Act, an amount not less than the
149+10 full street value of the cannabis or controlled substance
150+11 seized for each conviction to be disbursed as follows:
151+12 (A) 12.5% of the street value assessment shall be
152+13 paid into the Youth Drug Abuse Prevention Fund, to be
153+14 used by the Department of Human Services for the
154+15 funding of programs and services for drug-abuse
155+16 treatment, and prevention and education services;
156+17 (B) 37.5% to the county in which the charge was
157+18 prosecuted, to be deposited into the county General
158+19 Fund;
159+20 (C) 50% to the treasurer of the arresting law
160+21 enforcement agency of the municipality or county, or
161+22 to the State Treasurer if the arresting agency was a
162+23 state agency, to be deposited as provided in
163+24 subsection (c) of Section 10-5;
164+25 (D) if the arrest was made in combination with
165+26 multiple law enforcement agencies, the clerk shall
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176+1 equitably allocate the portion in subparagraph (C) of
177+2 this paragraph (6) among the law enforcement agencies
178+3 involved in the arrest;
179+4 (6.5) Kane County or Will County, in felony,
180+5 misdemeanor, local or county ordinance, traffic, or
181+6 conservation cases, up to $30 as set by the county board
182+7 under Section 5-1101.3 of the Counties Code upon the entry
183+8 of a judgment of conviction, an order of supervision, or a
184+9 sentence of probation without entry of judgment under
185+10 Section 10 of the Cannabis Control Act, Section 410 of the
186+11 Illinois Controlled Substances Act, Section 70 of the
187+12 Methamphetamine Control and Community Protection Act,
188+13 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
189+14 the Criminal Code of 1961 or the Criminal Code of 2012,
190+15 Section 10-102 of the Illinois Alcoholism and Other Drug
191+16 Dependency Act, or Section 10 of the Steroid Control Act;
192+17 except in local or county ordinance, traffic, and
193+18 conservation cases, if fines are paid in full without a
194+19 court appearance, then the assessment shall not be imposed
195+20 or collected. Distribution of assessments collected under
196+21 this paragraph (6.5) shall be as provided in Section
197+22 5-1101.3 of the Counties Code;
198+23 (7) methamphetamine-related offense involving
199+24 possession or delivery of methamphetamine or any salt of
200+25 an optical isomer of methamphetamine or possession of a
201+26 methamphetamine manufacturing material as set forth in
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212+1 Section 10 of the Methamphetamine Control and Community
213+2 Protection Act with the intent to manufacture a substance
214+3 containing methamphetamine or salt of an optical isomer of
215+4 methamphetamine, an amount not less than the full street
216+5 value of the methamphetamine or salt of an optical isomer
217+6 of methamphetamine or methamphetamine manufacturing
218+7 materials seized for each conviction to be disbursed as
219+8 follows:
220+9 (A) 12.5% of the street value assessment shall be
221+10 paid into the Youth Drug Abuse Prevention Fund, to be
222+11 used by the Department of Human Services for the
223+12 funding of programs and services for drug-abuse
224+13 treatment, and prevention and education services;
225+14 (B) 37.5% to the county in which the charge was
226+15 prosecuted, to be deposited into the county General
227+16 Fund;
228+17 (C) 50% to the treasurer of the arresting law
229+18 enforcement agency of the municipality or county, or
230+19 to the State Treasurer if the arresting agency was a
231+20 state agency, to be deposited as provided in
232+21 subsection (c) of Section 10-5;
233+22 (D) if the arrest was made in combination with
234+23 multiple law enforcement agencies, the clerk shall
235+24 equitably allocate the portion in subparagraph (C) of
236+25 this paragraph (6) among the law enforcement agencies
237+26 involved in the arrest;
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248+1 (8) order of protection violation under Section 12-3.4
249+2 of the Criminal Code of 2012, $200 for each conviction to
250+3 the county treasurer for deposit into the Probation and
251+4 Court Services Fund for implementation of a domestic
252+5 violence surveillance program and any other assessments or
253+6 fees imposed under Section 5-9-1.16 of the Unified Code of
254+7 Corrections;
255+8 (9) order of protection violation, $25 for each
256+9 violation to the State Treasurer, for deposit into the
257+10 Domestic Violence Abuser Services Fund;
258+11 (10) prosecution by the State's Attorney of a:
259+12 (A) petty or business offense, $4 to the county
260+13 treasurer of which $2 deposited into the State's
261+14 Attorney Records Automation Fund and $2 into the
262+15 Public Defender Records Automation Fund;
263+16 (B) conservation or traffic offense, $2 to the
264+17 county treasurer for deposit into the State's Attorney
265+18 Records Automation Fund;
266+19 (11) speeding in a construction zone violation, $250
267+20 to the State Treasurer for deposit into the Transportation
268+21 Safety Highway Hire-back Fund, unless (i) the violation
269+22 occurred on a highway other than an interstate highway and
270+23 (ii) a county police officer wrote the ticket for the
271+24 violation, in which case to the county treasurer for
272+25 deposit into that county's Transportation Safety Highway
273+26 Hire-back Fund;
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284+1 (12) supervision disposition on an offense under the
285+2 Illinois Vehicle Code or similar provision of a local
286+3 ordinance, 50 cents, unless waived by the court, into the
287+4 Prisoner Review Board Vehicle and Equipment Fund;
288+5 (13) victim and offender are family or household
289+6 members as defined in Section 103 of the Illinois Domestic
290+7 Violence Act of 1986 and offender pleads guilty or no
291+8 contest to or is convicted of murder, voluntary
292+9 manslaughter, involuntary manslaughter, burglary,
293+10 residential burglary, criminal trespass to residence,
294+11 criminal trespass to vehicle, criminal trespass to land,
295+12 criminal damage to property, telephone harassment,
296+13 kidnapping, aggravated kidnaping, unlawful restraint,
297+14 forcible detention, child abduction, indecent solicitation
298+15 of a child, sexual relations between siblings,
299+16 exploitation of a child, child pornography, assault,
300+17 aggravated assault, battery, aggravated battery, heinous
301+18 battery, aggravated battery of a child, domestic battery,
302+19 reckless conduct, intimidation, criminal sexual assault,
303+20 predatory criminal sexual assault of a child, aggravated
304+21 criminal sexual assault, criminal sexual abuse, aggravated
305+22 criminal sexual abuse, violation of an order of
306+23 protection, disorderly conduct, endangering the life or
307+24 health of a child, child abandonment, contributing to
308+25 dependency or neglect of child, or cruelty to children and
309+26 others, $200 for each sentenced violation to the State
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320+1 Treasurer for deposit as follows: (i) for sexual assault,
321+2 as defined in Section 5-9-1.7 of the Unified Code of
322+3 Corrections, when the offender and victim are family
323+4 members, one-half to the Domestic Violence Shelter and
324+5 Service Fund, and one-half to the Sexual Assault Services
325+6 Fund; (ii) for the remaining offenses to the Domestic
326+7 Violence Shelter and Service Fund;
327+8 (14) violation of Section 11-501 of the Illinois
328+9 Vehicle Code, Section 5-7 of the Snowmobile Registration
329+10 and Safety Act, Section 5-16 of the Boat Registration and
330+11 Safety Act, or a similar provision, whose operation of a
331+12 motor vehicle, snowmobile, or watercraft while in
332+13 violation of Section 11-501, Section 5-7 of the Snowmobile
333+14 Registration and Safety Act, Section 5-16 of the Boat
334+15 Registration and Safety Act, or a similar provision
335+16 proximately caused an incident resulting in an appropriate
336+17 emergency response, $1,000 maximum to the public agency
337+18 that provided an emergency response related to the
338+19 person's violation, or as provided in subsection (c) of
339+20 Section 10-5 if the arresting agency was a State agency,
340+21 unless more than one agency was responsible for the
341+22 arrest, in which case the amount shall be remitted to each
342+23 unit of government equally;
343+24 (15) violation of Section 401, 407, or 407.2 of the
344+25 Illinois Controlled Substances Act that proximately caused
345+26 any incident resulting in an appropriate drug-related
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356+1 emergency response, $1,000 as reimbursement for the
357+2 emergency response to the law enforcement agency that made
358+3 the arrest, or as provided in subsection (c) of Section
359+4 10-5 if the arresting agency was a State agency, unless
360+5 more than one agency was responsible for the arrest, in
361+6 which case the amount shall be remitted to each unit of
362+7 government equally;
363+8 (16) violation of reckless driving, aggravated
364+9 reckless driving, or driving 26 miles per hour or more in
365+10 excess of the speed limit that triggered an emergency
366+11 response, $1,000 maximum reimbursement for the emergency
367+12 response to be distributed in its entirety to a public
368+13 agency that provided an emergency response related to the
369+14 person's violation, or as provided in subsection (c) of
370+15 Section 10-5 if the arresting agency was a State agency,
371+16 unless more than one agency was responsible for the
372+17 arrest, in which case the amount shall be remitted to each
373+18 unit of government equally;
374+19 (17) violation based upon each plea of guilty,
375+20 stipulation of facts, or finding of guilt resulting in a
376+21 judgment of conviction or order of supervision for an
377+22 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
378+23 the Criminal Code of 2012 that results in the imposition
379+24 of a fine, to be distributed as follows:
380+25 (A) $50 to the county treasurer for deposit into
381+26 the Circuit Court Clerk Operation and Administrative
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392+1 Fund to cover the costs in administering this
393+2 paragraph (17);
394+3 (B) $300 to the State Treasurer who shall deposit
395+4 the portion as follows:
396+5 (i) if the arresting or investigating agency
397+6 is the Illinois State Police, into the State
398+7 Police Law Enforcement Administration Fund;
399+8 (ii) if the arresting or investigating agency
400+9 is the Department of Natural Resources, into the
401+10 Conservation Police Operations Assistance Fund;
402+11 (iii) if the arresting or investigating agency
403+12 is the Secretary of State, into the Secretary of
404+13 State Police Services Fund;
405+14 (iv) if the arresting or investigating agency
406+15 is the Illinois Commerce Commission, into the
407+16 Transportation Regulatory Fund; or
408+17 (v) if more than one of the State agencies in
409+18 this subparagraph (B) is the arresting or
410+19 investigating agency, then equal shares with the
411+20 shares deposited as provided in the applicable
412+21 items (i) through (iv) of this subparagraph (B);
413+22 and
414+23 (C) the remainder for deposit into the Specialized
415+24 Services for Survivors of Human Trafficking Fund;
416+25 (18) weapons violation under Section 24-1.1, 24-1.2,
417+26 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
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428+1 of 2012, $100 for each conviction to the State Treasurer
429+2 for deposit into the Trauma Center Fund; and
430+3 (19) violation of subsection (c) of Section 11-907 of
431+4 the Illinois Vehicle Code, $250 to the State Treasurer for
432+5 deposit into the Scott's Law Fund, unless a county or
433+6 municipal police officer wrote the ticket for the
434+7 violation, in which case to the county treasurer for
435+8 deposit into that county's or municipality's
436+9 Transportation Safety Highway Hire-back Fund to be used as
437+10 provided in subsection (j) of Section 11-907 of the
438+11 Illinois Vehicle Code.
439+12 (20) violation of Section 15-109.1 of the Illinois
440+13 Vehicle Code, $150 to be distributed as follows:
441+14 (A) 50% to the county treasurer for deposit into
442+15 the county general fund; and
443+16 (B) 50% to the treasurer of the arresting law
444+17 enforcement agency of the municipality or county or to
445+18 the State Treasurer, if the arresting agency was a
446+19 State agency, to be deposited as provided in
447+20 subsection (c) of Section 10-5.
448+21 Except for traffic violations, fines and assessments, such
449+22 as fees or administrative costs authorized in this Section,
450+23 shall not be ordered or imposed on a minor subject to Article
451+24 III, IV, or V of the Juvenile Court Act of 1987, or a minor
452+25 under the age of 18 transferred to adult court or excluded from
453+26 juvenile court jurisdiction under Article V of the Juvenile
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