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Bill Would Increase Penalties for Crosswalk Violations

By Margo O’Hara

When a crossing guard in her district approached Elaine Nekritz with concerns over the dangers of his job, the concern struck a chord with the Illinois House 57th District state representative — more care should be taken to protect pedestrians.

“I don’t think there is resistance. I think there is sort of lack of education about that,” says Nekritz. “I think that there hasn’t been a lot of focus in the legislature around the risk that pedestrians have.”

Nekritz recently introduced a bill that would increase the penalty for hitting a crossing guard or any person in a crosswalk.

“Those people are working in traffic and therefore more at risk,” explained Nekritz. “We should impose a heightened penalty for those who ignore those risks.”

House Bill 508 is similar to the law passed in 2005 that increased fines and penalties for hitting workers in construction zones. It creates the offense of aggravated reckless driving where a school crossing guard is performing official duties, a Class 3 felony, with a maximum sentence of 14 years.
You can help get this legislation passed by making a call to your legislator.

Nekritz, who bikes anywhere from 3,000 to 5,000 miles each summer, has consistently shown support for the pedestrian and bicyclists on the road. From introducing legislation that upholds bicyclists’ rights, to the large cutout of a bicycle helmet on a poster of Abraham Lincoln on the wall in her office, it’s clear what her priorities are.

Nekritz also chairs the Chicagoland Bicycle Federation’s advisory board.
“I share that long term vision of having people make different choices that would be better for themselves and their environment. And that’s just so important to me,” she said.

Bicycle and pedestrian safety also resonates with Nekritz. Last summer, a truck hit Nekritz while she was riding. She guesses that the driver simply didn’t give her enough room, but hearing an approaching car still makes her nervous.

“It drives me nuts because I don’t want to be a nervous rider. A lot of it is the confidence I have about where I am on the roadway that makes me safe. So I am constantly fighting with myself to say move to the left,” she said.
“But it’s hard when I now hear a truck coming up behind me. So that’s why the 3-foot clearance rule is important to me,” she said, referring to the recent bill seeking to define what kind of room a bicyclist should be granted .
Nekritz strongly urges the public to contact their representative.

“Legislators respond to hearing from their constituents,” she said.. “I would say that if (this office) gets five letters on a particular issue, that’s a lot. That will show me that people care about that. And five isn’t all that many. There’s got to be five pedestrians and bicyclists in everybody’s district.”

Nekritz also remains focused on remedying problems caused by the 1998 Illinois Supreme ruling on Boub v. Wayne Township, which effectively says local governments are responsible for making biking conditions safe for bicyclists only on streets marked or signed as bike routes. The ruling created a disincentive for municipalities to promote bicycle-friendly conditions – largely due to liability and risk factors.

She doesn’t forsee anything changing in this session, but is optimistic that other avenues of change will overturn the Boub v. Wayne ruling, including cases making their way through the court systems.

Margo O’Hara is communications manager for the Chicagoland Bicycle Federation