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January 1, 2008 rang in a new year, as well as a number of new laws in Illinois. Below are summaries of those that may be of interest to you. For details, visit the Illinois General Assembly's website at www.ilga.gov.
(The new laws are in the process of being added to the Martucci Law Office website Newsroom. Check back in a couple days for more updates.)
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Smoke Free Illinois Act
Smoking is prohibited in public places, places of employment and government vehicles. This includes all areas in student...
To read more, please click here. |
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Law enforcement officers may stop and ticket motorists solely for seat belt violations. Under the old law, officers could only...
To read more, please click here.
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Child Passenger Protection Act - Extended Age
Children under the age of eight (8) must be in a U.S. Department of Transportation approved "child restraint system", which includes booster seats. The old law was... To read more, please click here.
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Scott’s Law
There appears to be increased enforcement of "Scott's Law," named after a Chicago firefighter who was killed in the line of duty by a passing motorist. The law increases penalties for drivers on approach of authorized emergency vehicles, who fail to yield to emergency vehicles or who cause accidents or injury to personnel at emergency scenes...
To read more, please click here.
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Graduated Licensing Program - Teen Driver Restrictions
This law affects newly-licensed drivers and other drivers under the age of 21. It contains many provisions and restrictions that have been changed frequently over the past few years, such as pre-licensing driving practice, night-time curfews, passenger limitations, etc. For full details from the Illinois Secretary of State's Office, please click here.
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Smoke Free Illinois Act (Public Act 95-0017, Effective 1/1/2008)
Smoking is prohibited in public places, places of employment and government vehicles. This includes all areas in student dormitory buildings or a building used for that purpose. This act also prohibits smoking within 15 feet of an entrance or air-intake vent to a prohibited building. "No Smoking" signs must be posted and ashtrays are not allowed in prohibited areas.
The law exempts private residences, except when used for any home-based business open to the public, including day care; and retail tobacco stores operating prior to January 1, 2008. A limited number of hotel and motel sleeping rooms, and rooms in nursing homes and long-term care facilities can be designated as "smoking", but the smoke must be contained in those rooms and cannot travel to non-smoking areas.
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Primary Seat Belt Law (Public Act 93-0099; Effective 7/3/2003; Update Effective 1/1/2006)
Law enforcement officers may now stop and ticket motorists solely for seat belt violations. Under the old law, officers could only ticket drivers for seat belt violations when stopping them for some other traffic violation. Now seat belt law violation can be the primary reason motorists are stopped and ticketed. However, officers cannot search or inspect a vehicle, its contents, the driver or passengers if stopped solely for violation of this law. Seat belts are mandatory for all front seat passengers and all passengers under the age of 19, regardless of where they are sitting in the vehicle. Seat belts are optional for adult back seat passengers.
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Child Passenger Protection Act -- Extended Age (Public Act 93-0100; Effective 1/1/2004)
Children under the age of eight (8) must be in a U.S. Department of Transportation approved "child restraint system", which includes booster seats. The old law was under the age of six (6). All passengers under the age of 16 must be protected by a seat belt or some other approved restraint system. Parents and legal guardians must also provide a child restraint system to any person who transports his or her child. However, if the parent or legal guardian does not provide one, the driver will not be in violation the law. This law has an effect on many parents who rely on carpooling to transport children to/from school and other activities.
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There appears to be increased enforcement of "Scott's Law," named after a Chicago firefighter who was killed in the line of duty by a passing motorist. The law increases penalties for drivers on approach of authorized emergency vehicles, who fail to yield to emergency vehicles or who cause accidents or injury to personnel at emergency scenes. This law was passed to reduce the 88 crashes involving motorists and parked police vehicles between 1998 and 2002.
When approaching a stopped emergency vehicle with flashing lights, a driver is required to proceed with caution and yield the right-of-way by changing lanes to a lane not adjacent to the emergency vehicle, if there are at least two lanes proceeding in the same direction, and if the lane change can be made safely.
Offenders can be fined up to $10,000 and have his or her license suspended, ranging from 90 days if the violations causes property damage, to as much as two years if the violation results in the death of another person. The amendment requires a court appearance by the offender.
A similar law was passed, effective 6/01/03, which requires vehicles approaching or entering a highway construction or maintenance area or zone, when workers are present, to yield the right-of-way to authorized vehicles or pedestrian workers, and change lanes, if necessary and if safe to do so. A driver is also required to stop if signaled to do so by a flagger or traffic control signal and remain stopped until signaled to proceed.
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