Bill Amendment: IL HB5408 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: O'HARE DRIVER SAFETY ACT
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0861 [HB5408 Detail]
Download: Illinois-2023-HB5408-House_Amendment_001.html
Bill Title: O'HARE DRIVER SAFETY ACT
Status: 2024-08-09 - Public Act . . . . . . . . . 103-0861 [HB5408 Detail]
Download: Illinois-2023-HB5408-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 5408 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5408 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be referred to as the | ||||||
5 | O'Hare Driver Safety Act.
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6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Authority" means the Illinois Toll Highway Authority. | ||||||
8 | "Automated traffic safety system" means a device with one | ||||||
9 | or more motor vehicle sensors to produce a recorded image of a | ||||||
10 | motor vehicle that is stopped or standing on the side of a | ||||||
11 | highway or roadway in violation of Section 11-1303 of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | "Recorded images" has the same meaning given to that term | ||||||
14 | under Section 11-208.6 of the Illinois Vehicle Code.
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15 | Section 10. No stopping or standing within one-half mile |
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1 | of O'Hare International Airport. Except where permitted, a | ||||||
2 | person operating a motor vehicle shall not stop or stand the | ||||||
3 | person's vehicle on a shoulder of a highway, including the | ||||||
4 | highway entrance and exit ramps or on the side of a roadway | ||||||
5 | within a one-half mile radius surrounding O'Hare International | ||||||
6 | Airport or the intersection of Interstate 90 and Interstate | ||||||
7 | 294. | ||||||
8 | No person who is the lessor of a motor vehicle under a | ||||||
9 | written lease agreement shall be liable for an automated | ||||||
10 | traffic safety system violation involving such motor vehicle | ||||||
11 | during the period of the lease, unless, upon the request of the | ||||||
12 | appropriate authority received within 120 days after the | ||||||
13 | violation occurred, the lessor provides within 60 days after | ||||||
14 | such receipt the name and address of the lessee. | ||||||
15 | Upon the provision of information by the lessor under this | ||||||
16 | Section, the Authority may issue the violation to the lessee | ||||||
17 | of the vehicle in the same manner as it would issue a violation | ||||||
18 | to a registered owner of a vehicle, and the lessee may be held | ||||||
19 | liable for the violation. | ||||||
20 | This Section shall not apply to vehicles that are stopped | ||||||
21 | or standing in a restricted area if: | ||||||
22 | (1) a person is yielding to an emergency vehicle; | ||||||
23 | (2) the vehicle malfunctions; | ||||||
24 | (3) a person was directed to stop the person's vehicle | ||||||
25 | by a law enforcement officer; | ||||||
26 | (4) the vehicle was stolen prior to violation and not |
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1 | controlled by the registered owner of the vehicle; or | ||||||
2 | (5) the driver of the vehicle received a Uniform | ||||||
3 | Traffic Citation from a police officer at the time of the | ||||||
4 | violation for the same offense.
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5 | Section 15. Installation of automated traffic safety | ||||||
6 | systems; enforcement. The Authority shall install and maintain | ||||||
7 | automated traffic safety systems along traffic routes within a | ||||||
8 | one-half mile radius of: (1) the eastern entrance to O'Hare | ||||||
9 | International Airport; and (2) the intersection of Interstate | ||||||
10 | 90 and Interstate 294. | ||||||
11 | A traffic route that is equipped with an automated traffic | ||||||
12 | safety system must be posted with signs visible to approaching | ||||||
13 | traffic indicating that the route is being monitored by an | ||||||
14 | automated traffic safety system and informing drivers that | ||||||
15 | stopping or standing is prohibited.
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16 | Section 20. Recorded image. An automated traffic safety | ||||||
17 | system that produces a recorded image of a motor vehicle's | ||||||
18 | violation of this Act shall be designed to obtain a clear | ||||||
19 | recorded image of the vehicle and the vehicle's license plate. | ||||||
20 | The recorded image must also display the time, date, and | ||||||
21 | location of the violation. | ||||||
22 | Recorded images made by an automated traffic safety system | ||||||
23 | are confidential and shall be made available only to the | ||||||
24 | alleged violator and governmental and law enforcement agencies |
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1 | for purposes of adjudicating a violation of this Act, for | ||||||
2 | statistical purposes, or for other governmental purposes. | ||||||
3 | However, a recorded image evidencing a violation of this Act | ||||||
4 | may be admissible in a proceeding resulting from the issuance | ||||||
5 | of a citation.
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6 | Section 25. Fines; notice. A person who violates this Act | ||||||
7 | shall be subject to a $100 fine for each offense. Proceeds from | ||||||
8 | fines shall be deposited into the State Police Law Enforcement | ||||||
9 | Administration Fund. | ||||||
10 | For each violation of a provision of this Act recorded by | ||||||
11 | an automatic traffic safety system, the Authority shall issue | ||||||
12 | a written notice of the violation to the registered owner of | ||||||
13 | the vehicle as the alleged violator. The notice shall be | ||||||
14 | delivered to the registered owner of the vehicle, by mail, | ||||||
15 | within 30 days after the Secretary of State notifies the | ||||||
16 | Authority of the identity of the owner of the vehicle, but in | ||||||
17 | no event later than 90 days after the violation. | ||||||
18 | The notice shall include: | ||||||
19 | (1) the name and address of the registered owner of | ||||||
20 | the vehicle; | ||||||
21 | (2) the registration number of the motor vehicle | ||||||
22 | involved in the violation; | ||||||
23 | (3) the violation charged; | ||||||
24 | (4) the location where the violation occurred; | ||||||
25 | (5) the date and time of the violation; |
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1 | (6) a copy of the recorded images; | ||||||
2 | (7) the amount of the civil penalty imposed and the | ||||||
3 | requirements of any traffic education program imposed and | ||||||
4 | the date by which the civil penalty should be paid and the | ||||||
5 | traffic education program should be completed; | ||||||
6 | (8) a statement that recorded images are evidence of a | ||||||
7 | violation of stopping or standing in a restricted area; | ||||||
8 | (9) a warning that failure to pay the civil penalty, | ||||||
9 | to complete a required traffic education program, or to | ||||||
10 | contest liability in a timely manner is an admission of | ||||||
11 | liability; | ||||||
12 | (10) a statement that the person may elect to proceed | ||||||
13 | by: | ||||||
14 | (A) paying the fine, completing a required traffic | ||||||
15 | education program, or both; or | ||||||
16 | (B) challenging the charge in court, by mail, or | ||||||
17 | by administrative hearing; and | ||||||
18 | (11) a website address, accessible through the | ||||||
19 | Internet, where the person may view the recorded images of | ||||||
20 | the violation.
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