Bill Text: IL SB1852 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Expands the definition of "automated traffic law enforcement system" from a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of the Illinois Vehicle Code or similar local ordinance to also include a device used in a location that has a high occurrence of motor vehicle accidents and where insufficient police manpower exists or on-site enforcement is inherently difficult that produces a recorded image of a motor vehicle and the vehicle's registration plate while the driver is operating a motor vehicle in violation of the Illinois Vehicle Code or similar local ordinance. Provides the same provisions as before the expansion of the definition for civil penalties, administrative adjudication, driver notice automated traffic law enforcement locations, and limited application only the in counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties, among other provisions. Reduces the application of a home rule preemption and eliminates a similar preemption that disallows the use of recorded images to capture the speed of a motor vehicle for the purposes of enforcing any law or local ordinance regarding a minimum or maximum speed limit unless a law enforcement officer is present to witness the event. Effective January 1, 2010.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-08-15 - Senate Floor Amendment No. 2 Re-referred to Assignments; Pursuant to Senate Rule 3-9(b). [SB1852 Detail]

Download: Illinois-2009-SB1852-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 SB1852 Introduced 2/20/2009, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.6
625 ILCS 5/11-612
Amends the Illinois Vehicle Code. Expands the definition of "automated traffic law enforcement system" from a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of the Illinois Vehicle Code or similar local ordinance to also include a device used in a location that has a high occurrence of motor vehicle accidents and where insufficient police manpower exists or on-site enforcement is inherently difficult that produces a recorded image of a motor vehicle and the vehicle's registration plate while the driver is operating a motor vehicle in violation of the Illinois Vehicle Code or similar local ordinance. Provides the same provisions as before the expansion of the definition for civil penalties, administrative adjudication, driver notice automated traffic law enforcement locations, and limited application only the in counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties, among other provisions. Reduces the application of a home rule preemption and eliminates a similar preemption that disallows the use of recorded images to capture the speed of a motor vehicle for the purposes of enforcing any law or local ordinance regarding a minimum or maximum speed limit unless a law enforcement officer is present to witness the event. Effective January 1, 2010.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-208.6, and 11-612 as follows:
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means (1) a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance , and (2) a device used in a location that has a high
occurrence of motor vehicle accidents and where insufficient
police manpower exists or on-site enforcement is inherently
difficult that produces a recorded image of a motor vehicle and
the vehicle's registration plate while the driver is operating
a motor vehicle in violation of Section 11-601(b) of the
Illinois Vehicle Code, or similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,

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that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate number of the motor
vehicle.
(c) (Blank). A county or municipality, including a home
rule county or municipality, may not use an automated traffic
law enforcement system to provide recorded images of a motor
vehicle for the purpose of recording its speed. The regulation
of the use of automated traffic law enforcement systems to
record vehicle speeds is an exclusive power and function of the
State. This subsection (c) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality having

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jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, within 30 days after the Secretary of State
notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and
(10) a statement that the person may elect to proceed
by:

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(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing.
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not
pay or successfully contest the civil penalty resulting from
that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to pay any fine or
penalty due and owing as a result of 5 violations of the
automated traffic law enforcement system.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging
that the violation occurred shall be evidence of the facts
contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made available
only to the alleged violator and governmental and law
enforcement agencies for purposes of adjudicating a violation
of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:

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(1) that the motor vehicle or registration plates of
the motor vehicle were stolen before the violation occurred
and not under the control of or in the possession of the
owner at the time of the violation;
(2) that the driver of the vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of
the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100, plus an additional penalty of not
more than $100 for failure to pay the original penalty in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. A violation for which a civil
penalty is imposed under this Section is not a violation of a
traffic regulation governing the movement of vehicles and may

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not be recorded on the driving record of the owner of the
vehicle.
(k) A location An intersection equipped with an automated
traffic law enforcement system must be posted with a sign
visible to approaching traffic indicating that the location
intersection is being monitored by an automated traffic law
enforcement system.
(l) The compensation paid for an automated traffic law
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(Source: P.A. 94-795, eff. 5-22-06.)
(625 ILCS 5/11-612)
Sec. 11-612. Certain systems to record vehicle speeds
prohibited. Except as authorized in the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones
Act and Section 11-208.6 of this Code, no photographic, video,
or other imaging system may be used in this State to record
vehicle speeds for the purpose of enforcing any law or
ordinance regarding a maximum or minimum speed limit unless a
law enforcement officer is present at the scene and witnesses

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the event. No State or local governmental entity, including a
home rule county or municipality, may use such a system in a
way that is prohibited by this Section. The regulation of the
use of such systems is an exclusive power and function of the
State. This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06;
94-814, eff. 1-1-07.)
Section 99. Effective date. This Act takes effect January
1, 2010.