§ 71.999 PENALTY.
   (A)   Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in § 70.999 of this code.
   (B)   A first violation of § 71.001 of this chapter is a petty offense with a minimum fine of $150. A second or subsequent violation of § 71.001 of this chapter is a petty offense with a minimum fine of $300.
(1999 Code, § 71.001)
   (C)   (1)   A first violation of § 71.002(A) of this chapter is a petty offense with a minimum fine of $150. A second or subsequent violation of this section is a petty offense with a minimum fine of $300.
      (2)   (a)   When a fine for a violation of § 71.002(A) of this chapter is $150 or greater, the person who violates § 71.002(A)(1) and (A)(2) of this chapter shall be charged an additional $50 to be paid to the unit school district where the violation occurred for school safety purposes. If the violation occurred in a dual school district, $25 of the surcharge shall be paid to the elementary school district for school safety purposes and $25 of the surcharge shall be paid to the high school district for school safety purposes. Notwithstanding any other provision of law, the entire $50 surcharge shall be paid to the appropriate school district or districts.
         (b)   For purposes of this division (C)(2) of this chapter, SCHOOL SAFETY PURPOSES include the costs associated with school zone safety education, the Safe Routes to School Program under § 2705-317 of the Department of Transportation Law of the Civil Administrative Code of the state, safety programs within the School Safety and Educational Improvement Block Grant Program under ILCS Ch. 105, Act 5, § 2-3.51.5 of the School Code, and the purchase, installation, and maintenance of caution lights which are mounted on school speed zone signs.
   (D)   (1)   A first violation of § 71.002(B) of this chapter is a petty offense with a minimum fine of $250. A second or subsequent violation of division (B) of this section is a petty offense with a minimum fine of $750.
      (2)   If a fine or violation of § 71.002(B) of this chapter is $250 or greater, the person who violated § 71.002(B) of this chapter shall be charged an additional $125, which shall be deposited into the Transportation Safety Highway Hire-Back Fund in the state treasury, unless the violation occurred on a highway other than an interstate highway and a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county’s Transportation Safety Highway Hire-Back Fund. In the case of a second or subsequent violation of § 71.002(B) of this chapter, if the fine is $750 or greater, the person who violated § 71.002(B) of this chapter shall be charged an additional $250, which shall be deposited into the Transportation Safety Highway Hire-Back Fund in the state treasury, unless the violation occurred on a highway other than an interstate highway and a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county’s Transportation Safety Highway Hire-Back Fund.
      (3)   The Transportation Safety Highway Hire-Back Fund, which was created by Pub. Act No. 92-619, shall continue to be a special fund in the State Treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Department of State Police Officers to monitor construction or maintenance zones.
      (4)   For a second or subsequent violation of § 71.002(B) of this chapter within two years of the date of the previous violation, the Secretary of State shall suspend the driver’s license of the violator for a period of 90 days.
(1999 Code, § 71.002)
   (E)   Every person convicted of § 71.042(E) of this chapter shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another.
(1999 Code, § 71.042)
   (F)   In addition to the suspensions authorized by ILCS Ch. 625, Act 5, § 11-1414, any person convicted of violating § 71.045 of this chapter or a similar provision of a local ordinance shall be subject to a mandatory fine of $150 or, upon a second or subsequent violation, $500.
(1999 Code, § 71.045)
   (G)   (1)   A violation of § 71.080 of this chapter is a petty offense for which a fine of $250 shall be imposed for a first violation, and a fine of $500 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for the first violation.
      (2)   For a second or subsequent violation, the Secretary of State may suspend the driving privileges of the offender for a minimum of six months.
(1999 Code, § 71.080)
   (H)   (1)   Any person found in violation of § 71.083(B) of this chapter shall be subject to a mandatory fine of $500 or 50 hours of community service.
(1999 Code, § 71.083)
      (2)   Beginning with 1-1-2009, the Secretary of State shall suspend, for a period of one month, the driving privileges of any person convicted of a violation of § 71.083(B) of this chapter or a similar provision of a local ordinance; the Secretary shall suspend for a period of three months the driving privileges of any person convicted of a second or subsequent violation of § 71.083(B) of this chapter or a similar provision of a local ordinance if the second or subsequent violation occurs within five years of a prior conviction for the same offense. In addition to the suspensions authorized by this section, any person convicted of violating § 71.083(B) of this chapter or a similar provision of a local ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating § 71.083(B) or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent violation, in addition to the suspensions authorized by this section, the person shall be subject to a mandatory fine of $500 and 50 hours community service. The Secretary may also grant, for the duration of any suspension issued under this division, a restricted driving permit granting the privilege of driving a motor vehicle between the driver’s residence and place of employment or within other proper limits that the Secretary of State shall find necessary to avoid any undue hardship. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver’s license may be cancelled, revoked or suspended; except that, a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of the restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. Any conviction for a violation of this division (H) shall be included as an offense for the purposes of determining suspension action under any other provision of the Vehicle Code; provided, however, that, the penalties provided under this division (H) shall be imposed unless those penalties imposed under other applicable provisions are greater.
   (I)   Whoever violates any provision of § 71.153 of this chapter for which another penalty is not otherwise provided by this title or by appropriate statutory penalty as generally set forth in ILCS Ch. 625, Act 5, §§ 16-101 et seq., shall, upon conviction, be subject to a fine as provided in § 10.99 of this code.
(1999 Code, § 71.999) (Ord. 3044, passed 2-20-2001; Ord. 3596, passed 11-17-2008)
Statutory reference:
   Related provisions, see
    ILCS Ch. 625, Act 5, § 11-601,
    ILCS Ch. 625, Act 5, § 11-605(e),
    ILCS Ch. 625, Act 5, § 11-605(e-5),
    ILCS Ch. 625, Act 5, § 11-605.1,
    ILCS Ch. 625, Act 5, § 11-703,
    ILCS Ch. 625, Act 5, § 11-1201,
    ILCS Ch. 625, Act 5, § 11-1414 and
    ILCS Ch. 625, Act 5, § 11-1425
   Violation of § 71.042(E) resulting in great bodily harm or permanent disability or disfigurement to another, a Class 3 felony, see ILCS Ch. 625, Act 5, § 11-703