HB3255 98TH GENERAL ASSEMBLY

LRB098 07405 MLW 37469 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3255

Introduced , by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

430 ILCS 70/3	from Ch. 38, par. 85-3
430 ILCS 70/4	from Ch. 38, par. 85-4
430 ILCS 70/5	from Ch. 38, par. 85-5
430 ILCS 70/6	from Ch. 38, par. 85-6

Amends the Illinois Public Demonstrations Law. Adds parades to Sections on permits, size, notice, and time requirements. Requires the city, county, or local law enforcement to notify the owners of any railroad tracks over which the gathering will take place of the time, location, and duration. Effective immediately.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Public Demonstrations Law is amended by changing Sections 3, 4, 5, and 6 as follows:

(430 ILCS 70/3) (from Ch. 38, par. 85-3)

Sec. 3. Unlawful action-Parade permit.

It is unlawful for any person, group or organization to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways in more than one specific area of or location in, any municipality or the unincorporated area of a county, on any given day, unless it is acting under authority of a duly issued municipal or county parade or demonstration permit if local ordinance or regulation requires a such permit, or, if not, with permission of the principal law enforcement officer for the such area. If a march, assembly, meeting, parade, or gathering on roadways involves the act of crossing or traversing over or upon active railroad tracks, the municipal or county authority or principal law enforcement officer, as part of its permit or permission process, must ensure that the owner of the railroad tracks is notified at least 24 hours before the march, assembly, meeting, parade, or gathering is to take place. This notification to the railroad must include specific details outlining the event's date, route, time of inception, and duration.

(Source: Laws 1967, p. 3613.)

(430 ILCS 70/4) (from Ch. 38, par. 85-4)

Sec. 4. Acting with other groups - Size of assemblage. It is unlawful for any group or organization or any individual acting with the such group or organization, to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways unless the such march, assembly, meeting, parade, or gathering is limited to such numbers that as, in the opinion of the principal law enforcement officer, will not obstruct pedestrian or vehicular traffic in an unreasonable manner. The principal law enforcement officer shall, within 12 hours of receiving the notice required by Section 5, inform the group or organization as to the limitation on number of persons allowed to participate.

(Source: Laws 1967, p. 3613.)

(430 ILCS 70/5) (from Ch. 38, par. 85-5)

Sec. 5. Notice of assemblage in writing-Contents.

It is unlawful for any group or organization to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways unless the principal law enforcement officer has been given notice in writing of the location, the maximum number of persons participating, and the names and addresses of the organizers of the any such march, assembly, meeting, parade, or gathering, its route, and its time of inception and duration at least 24 hours before such inception.

(Source: Laws 1967, p. 3613.)

(430 ILCS 70/6) (from Ch. 38, par. 85-6)

Sec. 6. Time of holding.

It is unlawful for any group, organization, or any individual to conduct or participate in any march, assembly, meeting, parade, or gathering on roadways during peak traffic periods unless authorized by the principal law enforcement officer for the area in which the march, assembly, meeting, parade, or gathering is to be held. Peak traffic periods, unless otherwise set by municipal or county authority, are for the purposes of this Act declared to be 7:30 a.m. o'clock to 9:00 a.m. o'clock in the forenoon, and from 4:30 p.m. o'clock to 6:00 p.m. o'clock in the afternoon, Monday through Friday except for State and National holidays.

(Source: Laws 1967, p. 3613.)

Section 99. Effective date. This Act takes effect upon becoming law.