Bill Text: IL SB2272 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB2272 Detail]
Download: Illinois-2023-SB2272-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by adding Section | |||||||||||||||||||||||||||
5 | 9-50 as follows:
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6 | (10 ILCS 5/9-50 new) | |||||||||||||||||||||||||||
7 | Sec. 9-50. Contractor providing automated traffic systems; | |||||||||||||||||||||||||||
8 | contributions. A contractor that provides equipment and | |||||||||||||||||||||||||||
9 | services for automated law enforcement, automated speed | |||||||||||||||||||||||||||
10 | enforcement, or automated railroad grade crossing enforcement | |||||||||||||||||||||||||||
11 | systems to municipalities or counties or any political action | |||||||||||||||||||||||||||
12 | committee created by such a contractor may not make a campaign | |||||||||||||||||||||||||||
13 | contribution to any political committee established to promote | |||||||||||||||||||||||||||
14 | the candidacy of a candidate or public official in an | |||||||||||||||||||||||||||
15 | aggregate value over $500 in a calendar year. An officer or | |||||||||||||||||||||||||||
16 | agent of such a contractor may not consent to any contribution | |||||||||||||||||||||||||||
17 | or expenditure that is prohibited by this Section. A | |||||||||||||||||||||||||||
18 | candidate, political committee, or other person may not | |||||||||||||||||||||||||||
19 | knowingly accept or receive any contribution prohibited by | |||||||||||||||||||||||||||
20 | this Section. As used in this Section, "automated law | |||||||||||||||||||||||||||
21 | enforcement system", "automated speed enforcement system", and | |||||||||||||||||||||||||||
22 | "automated railroad grade crossing enforcement system" have | |||||||||||||||||||||||||||
23 | the meaning ascribed to those terms in Article II of Chapter 11 |
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1 | of the Illinois Vehicle Code.
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2 | Section 10. The Illinois Vehicle Code is amended by | ||||||
3 | changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9 | ||||||
4 | as follows:
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5 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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6 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
7 | of traffic
regulations concerning the standing, parking, or | ||||||
8 | condition of
vehicles, automated traffic law violations, and | ||||||
9 | automated speed enforcement system violations.
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10 | (a) Any municipality or county may provide by ordinance | ||||||
11 | for a system of
administrative adjudication of vehicular | ||||||
12 | standing and parking violations and
vehicle compliance | ||||||
13 | violations as described in this subsection, automated traffic | ||||||
14 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
15 | 11-1201.1, and automated speed enforcement system violations | ||||||
16 | as defined in Section 11-208.8.
The administrative system | ||||||
17 | shall have as its purpose the fair and
efficient enforcement | ||||||
18 | of municipal or county regulations through the
administrative | ||||||
19 | adjudication of automated speed enforcement system or | ||||||
20 | automated traffic law violations and violations of municipal | ||||||
21 | or county ordinances
regulating the standing and parking of | ||||||
22 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
23 | display of municipal or county wheel tax licenses within the
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24 | municipality's
or county's borders. The administrative system |
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1 | shall only have authority to adjudicate
civil offenses | ||||||
2 | carrying fines not in excess of $500 or requiring the | ||||||
3 | completion of a traffic education program, or both, that occur | ||||||
4 | after the
effective date of the ordinance adopting such a | ||||||
5 | system under this Section.
For purposes of this Section, | ||||||
6 | "compliance violation" means a violation of a
municipal or | ||||||
7 | county regulation governing the condition or use of equipment | ||||||
8 | on a vehicle
or governing the display of a municipal or county | ||||||
9 | wheel tax license.
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10 | (b) Any ordinance establishing a system of administrative | ||||||
11 | adjudication
under this Section shall provide for:
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12 | (1) A traffic compliance administrator authorized to
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13 | adopt, distribute, and
process parking, compliance, and | ||||||
14 | automated speed enforcement system or automated traffic | ||||||
15 | law violation notices and other notices required
by this
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16 | Section, collect money paid as fines and penalties for | ||||||
17 | violation of parking
and compliance
ordinances and | ||||||
18 | automated speed enforcement system or automated traffic | ||||||
19 | law violations, and operate an administrative adjudication | ||||||
20 | system.
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21 | (2) A parking, standing, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law violation | ||||||
23 | notice
that
shall specify or include the date,
time, and | ||||||
24 | place of violation of a parking, standing,
compliance, | ||||||
25 | automated speed enforcement system, or automated traffic | ||||||
26 | law
regulation; the particular regulation
violated; any |
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1 | requirement to complete a traffic education program; the | ||||||
2 | fine and any penalty that may be assessed for late payment | ||||||
3 | or failure to complete a required traffic education | ||||||
4 | program, or both,
when so provided by ordinance; the | ||||||
5 | vehicle make or a photograph of the vehicle; the state | ||||||
6 | registration
number of the vehicle; and the identification | ||||||
7 | number of the
person issuing the notice.
With regard to | ||||||
8 | automated speed enforcement system or automated traffic | ||||||
9 | law violations, vehicle make shall be specified on the | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violation notice if the notice does not include a | ||||||
12 | photograph of the vehicle and the make is available and | ||||||
13 | readily discernible. With regard to municipalities or | ||||||
14 | counties with a population of 1 million or more, it
shall | ||||||
15 | be grounds for
dismissal of a parking
violation if the | ||||||
16 | state registration number or vehicle make specified is
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17 | incorrect. The violation notice shall state that the | ||||||
18 | completion of any required traffic education program, the | ||||||
19 | payment of any indicated
fine, and the payment of any | ||||||
20 | applicable penalty for late payment or failure to complete | ||||||
21 | a required traffic education program, or both, shall | ||||||
22 | operate as a
final disposition of the violation. The | ||||||
23 | notice also shall contain
information as to the | ||||||
24 | availability of a hearing in which the violation may
be | ||||||
25 | contested on its merits. The violation notice shall | ||||||
26 | specify the
time and manner in which a hearing may be had.
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1 | (3) Service of a parking, standing, or compliance
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2 | violation notice by: (i) affixing the
original or a | ||||||
3 | facsimile of the notice to an unlawfully parked or | ||||||
4 | standing vehicle; (ii)
handing the notice to the operator | ||||||
5 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
6 | notice to the address of the registered owner or lessee of | ||||||
7 | the cited vehicle as recorded with the Secretary of State | ||||||
8 | or the lessor of the motor vehicle within 30 days after the | ||||||
9 | Secretary of State or the lessor of the motor vehicle | ||||||
10 | notifies the municipality or county of the identity of the | ||||||
11 | owner or lessee of the vehicle, but not later than 90 days | ||||||
12 | after the date of the violation, except that in the case of | ||||||
13 | a lessee of a motor vehicle, service of a parking, | ||||||
14 | standing, or compliance violation notice may occur no | ||||||
15 | later than 210 days after the violation; and service of an | ||||||
16 | automated speed enforcement system or automated traffic | ||||||
17 | law violation notice by mail to the
address
of the | ||||||
18 | registered owner or lessee of the cited vehicle as | ||||||
19 | recorded with the Secretary of
State or the lessor of the | ||||||
20 | motor vehicle within 30 days after the Secretary of State | ||||||
21 | or the lessor of the motor vehicle notifies the | ||||||
22 | municipality or county of the identity of the owner or | ||||||
23 | lessee of the vehicle, but not later than 90 days after the | ||||||
24 | violation, except that in the case of a lessee of a motor | ||||||
25 | vehicle, service of an automated traffic law violation | ||||||
26 | notice may occur no later than 210 days after the |
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1 | violation. A person authorized by ordinance to issue and | ||||||
2 | serve parking,
standing, and compliance
violation notices | ||||||
3 | shall certify as to the correctness of the facts entered
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4 | on the violation notice by signing his or her name to the | ||||||
5 | notice at
the time of service or, in the case of a notice | ||||||
6 | produced by a computerized
device, by signing a single | ||||||
7 | certificate to be kept by the traffic
compliance
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8 | administrator attesting to the correctness of all notices | ||||||
9 | produced by the
device while it was under his or her | ||||||
10 | control. In the case of an automated traffic law | ||||||
11 | violation, the ordinance shall
require
a
determination by | ||||||
12 | a technician employed or contracted by the municipality or | ||||||
13 | county that,
based on inspection of recorded images, the | ||||||
14 | motor vehicle was being operated in
violation of Section | ||||||
15 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
16 | the technician determines that the
vehicle entered the | ||||||
17 | intersection as part of a funeral procession or in order | ||||||
18 | to
yield the right-of-way to an emergency vehicle, a | ||||||
19 | citation shall not be issued. In municipalities with a | ||||||
20 | population of less than 1,000,000 inhabitants and counties | ||||||
21 | with a population of less than 3,000,000 inhabitants, the | ||||||
22 | automated traffic law ordinance shall require that all | ||||||
23 | determinations by a technician that a motor vehicle was | ||||||
24 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
25 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
26 | approved by a law enforcement officer or retired law |
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1 | enforcement officer of the municipality or county issuing | ||||||
2 | the violation. In municipalities with a population of | ||||||
3 | 1,000,000 or more inhabitants and counties with a | ||||||
4 | population of 3,000,000 or more inhabitants, the automated | ||||||
5 | traffic law ordinance shall require that all | ||||||
6 | determinations by a technician that a motor vehicle was | ||||||
7 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
8 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
9 | approved by a law enforcement officer or retired law | ||||||
10 | enforcement officer of the municipality or county issuing | ||||||
11 | the violation or by an additional fully trained reviewing | ||||||
12 | technician who is not employed by the contractor who | ||||||
13 | employs the technician who made the initial determination. | ||||||
14 | In the case of an automated speed enforcement system | ||||||
15 | violation, the ordinance shall require a determination by | ||||||
16 | a technician employed by the municipality, based upon an | ||||||
17 | inspection of recorded images, video or other | ||||||
18 | documentation, including documentation of the speed limit | ||||||
19 | and automated speed enforcement signage, and documentation | ||||||
20 | of the inspection, calibration, and certification of the | ||||||
21 | speed equipment, that the vehicle was being operated in | ||||||
22 | violation of Article VI of Chapter 11 of this Code or a | ||||||
23 | similar local ordinance. If the technician determines that | ||||||
24 | the vehicle speed was not determined by a calibrated, | ||||||
25 | certified speed equipment device based upon the speed | ||||||
26 | equipment documentation, or if the vehicle was an |
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1 | emergency vehicle, a citation may not be issued. The | ||||||
2 | automated speed enforcement ordinance shall require that | ||||||
3 | all determinations by a technician that a violation | ||||||
4 | occurred be reviewed and approved by a law enforcement | ||||||
5 | officer or retired law enforcement officer of the | ||||||
6 | municipality issuing the violation or by an additional | ||||||
7 | fully trained reviewing technician who is not employed by | ||||||
8 | the contractor who employs the technician who made the | ||||||
9 | initial determination. Routine and independent calibration | ||||||
10 | of the speeds produced by automated speed enforcement | ||||||
11 | systems and equipment shall be conducted annually by a | ||||||
12 | qualified technician. Speeds produced by an automated | ||||||
13 | speed enforcement system shall be compared with speeds | ||||||
14 | produced by lidar or other independent equipment. Radar or | ||||||
15 | lidar equipment shall undergo an internal validation test | ||||||
16 | no less frequently than once each week. Qualified | ||||||
17 | technicians shall test loop-based equipment no less | ||||||
18 | frequently than once a year. Radar equipment shall be | ||||||
19 | checked for accuracy by a qualified technician when the | ||||||
20 | unit is serviced, when unusual or suspect readings | ||||||
21 | persist, or when deemed necessary by a reviewing | ||||||
22 | technician. Radar equipment shall be checked with the | ||||||
23 | internal frequency generator and the internal circuit test | ||||||
24 | whenever the radar is turned on. Technicians must be alert | ||||||
25 | for any unusual or suspect readings, and if unusual or | ||||||
26 | suspect readings of a radar unit persist, that unit shall |
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1 | immediately be removed from service and not returned to | ||||||
2 | service until it has been checked by a qualified | ||||||
3 | technician and determined to be functioning properly. | ||||||
4 | Documentation of the annual calibration results, including | ||||||
5 | the equipment tested, test date, technician performing the | ||||||
6 | test, and test results, shall be maintained and available | ||||||
7 | for use in the determination of an automated speed | ||||||
8 | enforcement system violation and issuance of a citation. | ||||||
9 | The technician performing the calibration and testing of | ||||||
10 | the automated speed enforcement equipment shall be trained | ||||||
11 | and certified in the use of equipment for speed | ||||||
12 | enforcement purposes. Training on the speed enforcement | ||||||
13 | equipment may be conducted by law enforcement, civilian, | ||||||
14 | or manufacturer's personnel and if applicable may be | ||||||
15 | equivalent to the equipment use and operations training | ||||||
16 | included in the Speed Measuring Device Operator Program | ||||||
17 | developed by the National Highway Traffic Safety | ||||||
18 | Administration (NHTSA). The vendor or technician who | ||||||
19 | performs the work shall keep accurate records on each | ||||||
20 | piece of equipment the technician calibrates and tests. As | ||||||
21 | used in this paragraph, "fully trained reviewing | ||||||
22 | technician" means a person who has received at least 40 | ||||||
23 | hours of supervised training in subjects which shall | ||||||
24 | include image inspection and interpretation, the elements | ||||||
25 | necessary to prove a violation, license plate | ||||||
26 | identification, and traffic safety and management. In all |
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1 | municipalities and counties, the automated speed | ||||||
2 | enforcement system or automated traffic law ordinance | ||||||
3 | shall require that no additional fee shall be charged to | ||||||
4 | the alleged violator for exercising his or her right to an | ||||||
5 | administrative hearing, and persons shall be given at | ||||||
6 | least 25 days following an administrative hearing to pay | ||||||
7 | any civil penalty imposed by a finding that Section | ||||||
8 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
9 | local ordinance has been violated. The original or a
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10 | facsimile of the violation notice or, in the case of a | ||||||
11 | notice produced by a
computerized device, a printed record | ||||||
12 | generated by the device showing the facts
entered on the | ||||||
13 | notice, shall be retained by the
traffic compliance
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14 | administrator, and shall be a record kept in the ordinary | ||||||
15 | course of
business. A parking, standing, compliance, | ||||||
16 | automated speed enforcement system, or automated traffic | ||||||
17 | law violation notice issued,
signed, and served in
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18 | accordance with this Section, a copy of the notice, or the | ||||||
19 | computer-generated record shall be prima facie
correct and | ||||||
20 | shall be prima facie evidence of the correctness of the | ||||||
21 | facts
shown on the notice. The notice, copy, or | ||||||
22 | computer-generated
record shall be admissible in any
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23 | subsequent administrative or legal proceedings.
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24 | (4) An opportunity for a hearing for the registered | ||||||
25 | owner of the
vehicle cited in the parking, standing, | ||||||
26 | compliance, automated speed enforcement system, or |
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1 | automated traffic law violation notice in
which the owner | ||||||
2 | may
contest the merits of the alleged violation, and | ||||||
3 | during which formal or
technical rules of evidence shall | ||||||
4 | not apply; provided, however, that under
Section 11-1306 | ||||||
5 | of this Code the lessee of a vehicle cited in the
violation | ||||||
6 | notice likewise shall be provided an opportunity for a | ||||||
7 | hearing of
the same kind afforded the registered owner. | ||||||
8 | The hearings shall be
recorded, and the person conducting | ||||||
9 | the hearing on behalf of the traffic
compliance
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10 | administrator shall be empowered to administer oaths and | ||||||
11 | to secure by
subpoena both the attendance and testimony of | ||||||
12 | witnesses and the production
of relevant books and papers. | ||||||
13 | Persons appearing at a hearing under this
Section may be | ||||||
14 | represented by counsel at their expense. The ordinance may
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15 | also provide for internal administrative review following | ||||||
16 | the decision of
the hearing officer.
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17 | (5) Service of additional notices, sent by first class | ||||||
18 | United States
mail, postage prepaid, to the address of the | ||||||
19 | registered owner of the cited
vehicle as recorded with the | ||||||
20 | Secretary of State or, if any notice to that address is | ||||||
21 | returned as undeliverable, to the last known address | ||||||
22 | recorded in a United States Post Office approved database,
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23 | or, under Section 11-1306
or subsection (p) of Section | ||||||
24 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
25 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
26 | at the last address known
to the lessor of the cited |
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1 | vehicle at the time of lease or, if any notice to that | ||||||
2 | address is returned as undeliverable, to the last known | ||||||
3 | address recorded in a United States Post Office approved | ||||||
4 | database.
The service shall
be deemed complete as of the | ||||||
5 | date of deposit in the United States mail.
The notices | ||||||
6 | shall be in the following sequence and shall include, but | ||||||
7 | not be
limited to, the information specified herein:
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8 | (i) A second notice of parking, standing, or | ||||||
9 | compliance violation if the first notice of the | ||||||
10 | violation was issued by affixing the original or a | ||||||
11 | facsimile of the notice to the unlawfully parked | ||||||
12 | vehicle or by handing the notice to the operator. This | ||||||
13 | notice shall specify or include the
date and location | ||||||
14 | of the violation cited in the parking,
standing,
or | ||||||
15 | compliance violation
notice, the particular regulation | ||||||
16 | violated, the vehicle
make or a photograph of the | ||||||
17 | vehicle, the state registration number of the vehicle, | ||||||
18 | any requirement to complete a traffic education | ||||||
19 | program, the fine and any penalty that may be
assessed | ||||||
20 | for late payment or failure to complete a traffic | ||||||
21 | education program, or both, when so provided by | ||||||
22 | ordinance, the availability
of a hearing in which the | ||||||
23 | violation may be contested on its merits, and the
time | ||||||
24 | and manner in which the hearing may be had. The notice | ||||||
25 | of violation
shall also state that failure to complete | ||||||
26 | a required traffic education program, to pay the |
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1 | indicated fine and any
applicable penalty, or to | ||||||
2 | appear at a hearing on the merits in the time and
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3 | manner specified, will result in a final determination | ||||||
4 | of violation
liability for the cited violation in the | ||||||
5 | amount of the fine or penalty
indicated, and that, | ||||||
6 | upon the occurrence of a final determination of | ||||||
7 | violation liability for the failure, and the | ||||||
8 | exhaustion of, or
failure to exhaust, available | ||||||
9 | administrative or judicial procedures for
review, any | ||||||
10 | incomplete traffic education program or any unpaid | ||||||
11 | fine or penalty, or both, will constitute a debt due | ||||||
12 | and owing
the municipality or county.
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13 | (ii) A notice of final determination of parking, | ||||||
14 | standing,
compliance, automated speed enforcement | ||||||
15 | system, or automated traffic law violation liability.
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16 | This notice shall be sent following a final | ||||||
17 | determination of parking,
standing, compliance, | ||||||
18 | automated speed enforcement system, or automated | ||||||
19 | traffic law
violation liability and the conclusion of | ||||||
20 | judicial review procedures taken
under this Section. | ||||||
21 | The notice shall state that the incomplete traffic | ||||||
22 | education program or the unpaid fine or
penalty, or | ||||||
23 | both, is a debt due and owing the municipality or | ||||||
24 | county. The notice shall contain
warnings that failure | ||||||
25 | to complete any required traffic education program or | ||||||
26 | to pay any fine or penalty due and owing the
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1 | municipality or county, or both, within the time | ||||||
2 | specified may result in the municipality's
or county's | ||||||
3 | filing of a petition in the Circuit Court to have the | ||||||
4 | incomplete traffic education program or unpaid
fine or | ||||||
5 | penalty, or both, rendered a judgment as provided by | ||||||
6 | this Section, or, where applicable, may
result in | ||||||
7 | suspension of the person's driver's license for | ||||||
8 | failure to complete a traffic education program.
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9 | (6) A notice of impending driver's license suspension. | ||||||
10 | This
notice shall be sent to the person liable for failure | ||||||
11 | to complete a required traffic education program. The | ||||||
12 | notice
shall state that failure to complete a required | ||||||
13 | traffic education program within 45 days of
the notice's | ||||||
14 | date will result in the municipality or county notifying | ||||||
15 | the Secretary
of State that the person is eligible for | ||||||
16 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
17 | of this Code. The notice shall also state
that the person | ||||||
18 | may obtain a photostatic copy of an original ticket | ||||||
19 | imposing a
fine or penalty by sending a self-addressed, | ||||||
20 | stamped envelope to the
municipality or county along with | ||||||
21 | a request for the photostatic copy.
The notice of | ||||||
22 | impending driver's
license suspension shall be sent by | ||||||
23 | first class United States mail,
postage prepaid, to the | ||||||
24 | address recorded with the Secretary of State or, if any | ||||||
25 | notice to that address is returned as undeliverable, to | ||||||
26 | the last known address recorded in a United States Post |
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1 | Office approved database.
| ||||||
2 | (7) Final determinations of violation liability. A | ||||||
3 | final
determination of violation liability shall occur | ||||||
4 | following failure to complete the required traffic | ||||||
5 | education program or
to pay the fine or penalty, or both, | ||||||
6 | after a hearing officer's determination of violation | ||||||
7 | liability and the exhaustion of or failure to exhaust any
| ||||||
8 | administrative review procedures provided by ordinance. | ||||||
9 | Where a person
fails to appear at a hearing to contest the | ||||||
10 | alleged violation in the time
and manner specified in a | ||||||
11 | prior mailed notice, the hearing officer's
determination | ||||||
12 | of violation liability shall become final: (A) upon
denial | ||||||
13 | of a timely petition to set aside that determination, or | ||||||
14 | (B) upon
expiration of the period for filing the petition | ||||||
15 | without a
filing having been made.
| ||||||
16 | (8) A petition to set aside a determination of | ||||||
17 | parking, standing,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation
liability that | ||||||
19 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
20 | petition to set aside a determination of liability may | ||||||
21 | also be filed by a person required to complete a traffic | ||||||
22 | education program.
The petition shall be filed with and | ||||||
23 | ruled upon by the traffic compliance
administrator in the | ||||||
24 | manner and within the time specified by ordinance.
The | ||||||
25 | grounds for the petition may be limited to: (A) the person | ||||||
26 | not having
been the owner or lessee of the cited vehicle on |
| |||||||
| |||||||
1 | the date the
violation notice was issued, (B) the person | ||||||
2 | having already completed the required traffic education | ||||||
3 | program or paid the fine or
penalty, or both, for the | ||||||
4 | violation in question, and (C) excusable failure to
appear | ||||||
5 | at or
request a new date for a hearing.
With regard to | ||||||
6 | municipalities or counties with a population of 1 million | ||||||
7 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
8 | violation if the state registration number or vehicle | ||||||
9 | make, only if specified in the violation notice, is
| ||||||
10 | incorrect. After the determination of
parking, standing, | ||||||
11 | compliance, automated speed enforcement system, or | ||||||
12 | automated traffic law violation liability has been set | ||||||
13 | aside
upon a showing of just
cause, the registered owner | ||||||
14 | shall be provided with a hearing on the merits
for that | ||||||
15 | violation.
| ||||||
16 | (9) Procedures for non-residents. Procedures by which | ||||||
17 | persons who are
not residents of the municipality or | ||||||
18 | county may contest the merits of the alleged
violation | ||||||
19 | without attending a hearing.
| ||||||
20 | (10) A schedule of civil fines for violations of | ||||||
21 | vehicular standing,
parking, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law regulations | ||||||
23 | enacted by ordinance pursuant to this
Section, and a
| ||||||
24 | schedule of penalties for late payment of the fines or | ||||||
25 | failure to complete required traffic education programs, | ||||||
26 | provided, however,
that the total amount of the fine and |
| |||||||
| |||||||
1 | penalty for any one violation shall
not exceed $250, | ||||||
2 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
3 | of this Code.
| ||||||
4 | (11) Other provisions as are necessary and proper to | ||||||
5 | carry into
effect the powers granted and purposes stated | ||||||
6 | in this Section.
| ||||||
7 | (b-5) An automated speed enforcement system or automated | ||||||
8 | traffic law ordinance adopted under this Section by a | ||||||
9 | municipality or county shall require that the determination to | ||||||
10 | issue a citation be vested solely with the municipality or | ||||||
11 | county and that such authority may not be delegated to any | ||||||
12 | contractor retained by the municipality or county. Any | ||||||
13 | contract or agreement violating such a provision in the | ||||||
14 | ordinance is null and void. | ||||||
15 | (c) Any municipality or county establishing vehicular | ||||||
16 | standing, parking,
compliance, automated speed enforcement | ||||||
17 | system, or automated traffic law
regulations under this | ||||||
18 | Section may also provide by ordinance for a
program of vehicle | ||||||
19 | immobilization for the purpose of facilitating
enforcement of | ||||||
20 | those regulations. The program of vehicle
immobilization shall | ||||||
21 | provide for immobilizing any eligible vehicle upon the
public | ||||||
22 | way by presence of a restraint in a manner to prevent operation | ||||||
23 | of
the vehicle. Any ordinance establishing a program of | ||||||
24 | vehicle
immobilization under this Section shall provide:
| ||||||
25 | (1) Criteria for the designation of vehicles eligible | ||||||
26 | for
immobilization. A vehicle shall be eligible for |
| |||||||
| |||||||
1 | immobilization when the
registered owner of the vehicle | ||||||
2 | has accumulated the number of incomplete traffic education | ||||||
3 | programs or unpaid final
determinations of parking, | ||||||
4 | standing, compliance, automated speed enforcement system, | ||||||
5 | or automated traffic law violation liability, or both, as
| ||||||
6 | determined by ordinance.
| ||||||
7 | (2) A notice of impending vehicle immobilization and a | ||||||
8 | right to a
hearing to challenge the validity of the notice | ||||||
9 | by disproving liability
for the incomplete traffic | ||||||
10 | education programs or unpaid final determinations of | ||||||
11 | parking, standing, compliance, automated speed enforcement | ||||||
12 | system, or automated traffic law
violation liability, or | ||||||
13 | both, listed
on the notice.
| ||||||
14 | (3) The right to a prompt hearing after a vehicle has | ||||||
15 | been immobilized
or subsequently towed without the | ||||||
16 | completion of the required traffic education program or | ||||||
17 | payment of the outstanding fines and
penalties on parking, | ||||||
18 | standing, compliance, automated speed enforcement system, | ||||||
19 | or automated traffic law violations, or both, for which | ||||||
20 | final
determinations have been
issued. An order issued | ||||||
21 | after the hearing is a final administrative
decision | ||||||
22 | within the meaning of Section 3-101 of the Code of Civil | ||||||
23 | Procedure.
| ||||||
24 | (4) A post immobilization and post-towing notice | ||||||
25 | advising the registered
owner of the vehicle of the right | ||||||
26 | to a hearing to challenge the validity
of the impoundment.
|
| |||||||
| |||||||
1 | (d) Judicial review of final determinations of parking, | ||||||
2 | standing,
compliance, automated speed enforcement system, or | ||||||
3 | automated traffic law
violations and final administrative | ||||||
4 | decisions issued after hearings
regarding vehicle | ||||||
5 | immobilization and impoundment made
under this Section shall | ||||||
6 | be subject to the provisions of
the Administrative Review Law.
| ||||||
7 | (e) Any fine, penalty, incomplete traffic education | ||||||
8 | program, or part of any fine or any penalty remaining
unpaid | ||||||
9 | after the exhaustion of, or the failure to exhaust, | ||||||
10 | administrative
remedies created under this Section and the | ||||||
11 | conclusion of any judicial
review procedures shall be a debt | ||||||
12 | due and owing the municipality or county and, as
such, may be | ||||||
13 | collected in accordance with applicable law. Completion of any | ||||||
14 | required traffic education program and payment in full
of any | ||||||
15 | fine or penalty resulting from a standing, parking,
| ||||||
16 | compliance, automated speed enforcement system, or automated | ||||||
17 | traffic law violation shall
constitute a final disposition of | ||||||
18 | that violation.
| ||||||
19 | (f) After the expiration of the period within which | ||||||
20 | judicial review may
be sought for a final determination of | ||||||
21 | parking, standing, compliance, automated speed enforcement | ||||||
22 | system, or automated traffic law
violation, the municipality
| ||||||
23 | or county may commence a proceeding in the Circuit Court for | ||||||
24 | purposes of obtaining a
judgment on the final determination of | ||||||
25 | violation. Nothing in this
Section shall prevent a | ||||||
26 | municipality or county from consolidating multiple final
|
| |||||||
| |||||||
1 | determinations of parking, standing, compliance, automated | ||||||
2 | speed enforcement system, or automated traffic law violations | ||||||
3 | against a
person in a proceeding.
Upon commencement of the | ||||||
4 | action, the municipality or county shall file a certified
copy | ||||||
5 | or record of the final determination of parking, standing, | ||||||
6 | compliance, automated speed enforcement system, or automated | ||||||
7 | traffic law
violation, which shall be
accompanied by a | ||||||
8 | certification that recites facts sufficient to show that
the | ||||||
9 | final determination of violation was
issued in accordance with | ||||||
10 | this Section and the applicable municipal
or county ordinance. | ||||||
11 | Service of the summons and a copy of the petition may be by
any | ||||||
12 | method provided by Section 2-203 of the Code of Civil | ||||||
13 | Procedure or by
certified mail, return receipt requested, | ||||||
14 | provided that the total amount of
fines and penalties for | ||||||
15 | final determinations of parking, standing,
compliance, | ||||||
16 | automated speed enforcement system, or automated traffic law | ||||||
17 | violations does not
exceed $2500. If the court is satisfied | ||||||
18 | that the final determination of
parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated traffic law | ||||||
20 | violation was entered in accordance with
the requirements of
| ||||||
21 | this Section and the applicable municipal or county ordinance, | ||||||
22 | and that the registered
owner or the lessee, as the case may | ||||||
23 | be, had an opportunity for an
administrative hearing and for | ||||||
24 | judicial review as provided in this Section,
the court shall | ||||||
25 | render judgment in favor of the municipality or county and | ||||||
26 | against
the registered owner or the lessee for the amount |
| |||||||
| |||||||
1 | indicated in the final
determination of parking, standing, | ||||||
2 | compliance, automated speed enforcement system, or automated | ||||||
3 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
4 | same effect and may be enforced in the same manner as other | ||||||
5 | judgments
for the recovery of money.
| ||||||
6 | (g) The fee for participating in a traffic education | ||||||
7 | program under this Section shall not exceed $25. | ||||||
8 | A low-income individual required to complete a traffic | ||||||
9 | education program under this Section who provides proof of | ||||||
10 | eligibility for the federal earned income tax credit under | ||||||
11 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
12 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
13 | Act shall not be required to pay any fee for participating in a | ||||||
14 | required traffic education program. | ||||||
15 | (h) Notwithstanding any other provision of law to the | ||||||
16 | contrary, a person shall not be liable for violations, fees, | ||||||
17 | fines, or penalties under this Section during the period in | ||||||
18 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
19 | in a report to the appropriate law enforcement agency filed in | ||||||
20 | a timely manner. | ||||||
21 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
22 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff. | ||||||
23 | 1-1-23 .)
| ||||||
24 | (625 ILCS 5/11-208.6)
| ||||||
25 | (Text of Section before amendment by P.A. 102-982 ) |
| |||||||
| |||||||
1 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
2 | (a) As used in this Section, "automated traffic law | ||||||
3 | enforcement
system" means a device with one or more motor | ||||||
4 | vehicle sensors working
in conjunction with a red light signal | ||||||
5 | to produce recorded images of
motor vehicles entering an | ||||||
6 | intersection against a red signal
indication in violation of | ||||||
7 | Section 11-306 of this Code or a similar provision
of a local | ||||||
8 | ordinance.
| ||||||
9 | An
automated traffic law enforcement system is a system, | ||||||
10 | in a municipality or
county operated by a
governmental agency, | ||||||
11 | that
produces a recorded image of a motor vehicle's
violation | ||||||
12 | of a provision of this Code or a local ordinance
and is | ||||||
13 | designed to obtain a clear recorded image of the
vehicle and | ||||||
14 | the vehicle's license plate. The recorded image must also
| ||||||
15 | display the time, date, and location of the violation.
| ||||||
16 | (b) As used in this Section, "recorded images" means | ||||||
17 | images
recorded by an automated traffic law enforcement system | ||||||
18 | on:
| ||||||
19 | (1) 2 or more photographs;
| ||||||
20 | (2) 2 or more microphotographs;
| ||||||
21 | (3) 2 or more electronic images; or
| ||||||
22 | (4) a video recording showing the motor vehicle and, | ||||||
23 | on at
least one image or portion of the recording, clearly | ||||||
24 | identifying the
registration plate or digital registration | ||||||
25 | plate number of the motor vehicle.
| ||||||
26 | (b-5) A municipality or
county that
produces a recorded |
| |||||||
| |||||||
1 | image of a motor vehicle's
violation of a provision of this | ||||||
2 | Code or a local ordinance must make the recorded images of a | ||||||
3 | violation accessible to the alleged violator by providing the | ||||||
4 | alleged violator with a website address, accessible through | ||||||
5 | the Internet. | ||||||
6 | (c) Except as provided under Section 11-208.8 of this | ||||||
7 | Code, a county or municipality, including a home rule county | ||||||
8 | or municipality, may not use an automated traffic law | ||||||
9 | enforcement system to provide recorded images of a motor | ||||||
10 | vehicle for the purpose of recording its speed. Except as | ||||||
11 | provided under Section 11-208.8 of this Code, the regulation | ||||||
12 | of the use of automated traffic law enforcement systems to | ||||||
13 | record vehicle speeds is an exclusive power and function of | ||||||
14 | the State. This subsection (c) is a denial and limitation of | ||||||
15 | home rule powers and functions under subsection (h) of Section | ||||||
16 | 6 of Article VII of the Illinois Constitution.
| ||||||
17 | (c-5) A county or municipality, including a home rule | ||||||
18 | county or municipality, may not use an automated traffic law | ||||||
19 | enforcement system to issue violations in instances where the | ||||||
20 | motor vehicle comes to a complete stop and does not enter the | ||||||
21 | intersection, as defined by Section 1-132 of this Code, during | ||||||
22 | the cycle of the red signal indication unless one or more | ||||||
23 | pedestrians or bicyclists are present, even if the motor | ||||||
24 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
25 | driver is required to stop, as specified in subsection (c) of | ||||||
26 | Section 11-306 of this Code or a similar provision of a local |
| |||||||
| |||||||
1 | ordinance. | ||||||
2 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
3 | inhabitants, including a home rule county or municipality, may | ||||||
4 | not use an automated traffic law enforcement system to issue | ||||||
5 | violations in instances where a motorcyclist enters an | ||||||
6 | intersection against a red signal
indication when the red | ||||||
7 | signal fails to change to a green signal within a reasonable | ||||||
8 | period of time not less than 120 seconds because of a signal | ||||||
9 | malfunction or because the signal has failed to detect the | ||||||
10 | arrival of the motorcycle due to the motorcycle's size or | ||||||
11 | weight. | ||||||
12 | (d) For each violation of a provision of this Code or a | ||||||
13 | local ordinance
recorded by an automatic
traffic law | ||||||
14 | enforcement system, the county or municipality having
| ||||||
15 | jurisdiction shall issue a written notice of the
violation to | ||||||
16 | the registered owner of the vehicle as the alleged
violator. | ||||||
17 | The notice shall be delivered to the registered
owner of the | ||||||
18 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner of the vehicle, but in no event later than 90 days after | ||||||
21 | the violation.
| ||||||
22 | The notice shall include:
| ||||||
23 | (1) the name and address of the registered owner of | ||||||
24 | the
vehicle;
| ||||||
25 | (2) the registration number of the motor vehicle
| ||||||
26 | involved in the violation;
|
| |||||||
| |||||||
1 | (3) the violation charged;
| ||||||
2 | (4) the location where the violation occurred;
| ||||||
3 | (5) the date and time of the violation;
| ||||||
4 | (6) a copy of the recorded images;
| ||||||
5 | (7) the amount of the civil penalty imposed and the | ||||||
6 | requirements of any traffic education program imposed and | ||||||
7 | the date
by which the civil penalty should be paid and the | ||||||
8 | traffic education program should be completed;
| ||||||
9 | (8) a statement that recorded images are evidence of a
| ||||||
10 | violation of a red light signal;
| ||||||
11 | (9) a warning that failure to pay the civil penalty, | ||||||
12 | to complete a required traffic education program, or to
| ||||||
13 | contest liability in a timely manner is an admission of
| ||||||
14 | liability;
| ||||||
15 | (10) a statement that the person may elect to proceed | ||||||
16 | by:
| ||||||
17 | (A) paying the fine, completing a required traffic | ||||||
18 | education program, or both; or
| ||||||
19 | (B) challenging the charge in court, by mail, or | ||||||
20 | by administrative hearing; and
| ||||||
21 | (11) a website address, accessible through the | ||||||
22 | Internet, where the person may view the recorded images of | ||||||
23 | the violation. | ||||||
24 | (e) (Blank).
| ||||||
25 | (f) Based on inspection of recorded images produced by an
| ||||||
26 | automated traffic law enforcement system, a notice alleging |
| |||||||
| |||||||
1 | that the violation occurred shall be evidence of the facts | ||||||
2 | contained
in the notice and admissible in any proceeding | ||||||
3 | alleging a
violation under this Section.
| ||||||
4 | (g) Recorded images made by an automatic traffic law
| ||||||
5 | enforcement system are confidential and shall be made
| ||||||
6 | available only to the alleged violator and governmental and
| ||||||
7 | law enforcement agencies for purposes of adjudicating a
| ||||||
8 | violation of this Section, for statistical purposes, or for | ||||||
9 | other governmental purposes. Any recorded image evidencing a
| ||||||
10 | violation of this Section, however, may be admissible in
any | ||||||
11 | proceeding resulting from the issuance of the citation.
| ||||||
12 | (h) The court or hearing officer may consider in defense | ||||||
13 | of a violation:
| ||||||
14 | (1) that the motor vehicle or registration plates or | ||||||
15 | digital registration plates of the motor
vehicle were | ||||||
16 | stolen before the violation occurred and not
under the | ||||||
17 | control of or in the possession of the owner or lessee at
| ||||||
18 | the time of the violation;
| ||||||
19 | (1.5) that the motor vehicle was hijacked before the | ||||||
20 | violation occurred and not under the control of or in the | ||||||
21 | possession of the owner or lessee at the time of the | ||||||
22 | violation; | ||||||
23 | (2) that the driver of the vehicle passed through the
| ||||||
24 | intersection when the light was red either (i) in order to
| ||||||
25 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
26 | part of a funeral procession; and
|
| |||||||
| |||||||
1 | (3) any other evidence or issues provided by municipal | ||||||
2 | or county ordinance.
| ||||||
3 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
4 | the motor vehicle or registration
plates or digital | ||||||
5 | registration plates were stolen before the violation occurred | ||||||
6 | and were not under the
control or possession of the owner or | ||||||
7 | lessee at the time of the violation, the
owner or lessee must | ||||||
8 | submit proof that a report concerning the
motor vehicle or | ||||||
9 | registration plates was filed with a law enforcement agency in | ||||||
10 | a timely manner.
| ||||||
11 | (j) Unless the driver of the motor vehicle received a | ||||||
12 | Uniform
Traffic Citation from a police officer at the time of | ||||||
13 | the violation,
the motor vehicle owner is subject to a civil | ||||||
14 | penalty not exceeding
$100 or the completion of a traffic | ||||||
15 | education program, or both, plus an additional penalty of not | ||||||
16 | more than $100 for failure to pay the original penalty or to | ||||||
17 | complete a required traffic education program, or both, in a | ||||||
18 | timely manner, if the motor vehicle is recorded by an | ||||||
19 | automated traffic law
enforcement system. A violation for | ||||||
20 | which a civil penalty is imposed
under this Section is not a | ||||||
21 | violation of a traffic regulation governing
the movement of | ||||||
22 | vehicles and may not be recorded on the driving record
of the | ||||||
23 | owner of the vehicle.
| ||||||
24 | (j-3) A registered owner who is a holder of a valid | ||||||
25 | commercial driver's license is not required to complete a | ||||||
26 | traffic education program. |
| |||||||
| |||||||
1 | (j-5) For purposes of the required traffic education | ||||||
2 | program only, a registered owner may submit an affidavit to | ||||||
3 | the court or hearing officer swearing that at the time of the | ||||||
4 | alleged violation, the vehicle was in the custody and control | ||||||
5 | of another person. The affidavit must identify the person in | ||||||
6 | custody and control of the vehicle, including the person's | ||||||
7 | name and current address. The person in custody and control of | ||||||
8 | the vehicle at the time of the violation is required to | ||||||
9 | complete the required traffic education program. If the person | ||||||
10 | in custody and control of the vehicle at the time of the | ||||||
11 | violation completes the required traffic education program, | ||||||
12 | the registered owner of the vehicle is not required to | ||||||
13 | complete a traffic education program. | ||||||
14 | (k) An intersection equipped with an automated traffic law
| ||||||
15 | enforcement system must be posted with a sign visible to | ||||||
16 | approaching traffic
indicating that the intersection is being | ||||||
17 | monitored by an automated
traffic law enforcement system and
| ||||||
18 | informing drivers whether, following a stop, a right turn at
| ||||||
19 | the intersection is permitted or prohibited . | ||||||
20 | (k-3) A municipality or
county that has one or more | ||||||
21 | intersections equipped with an automated traffic law
| ||||||
22 | enforcement system must provide notice to drivers by posting | ||||||
23 | the locations of automated traffic law systems on the | ||||||
24 | municipality or county website.
| ||||||
25 | (k-5) An intersection equipped with an automated traffic | ||||||
26 | law
enforcement system must have a yellow change interval that |
| |||||||
| |||||||
1 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
2 | Devices (IMUTCD) published by the Illinois Department of | ||||||
3 | Transportation. | ||||||
4 | (k-7) A municipality or county operating an automated | ||||||
5 | traffic law enforcement system shall conduct a statistical | ||||||
6 | analysis to assess the safety impact of each automated traffic | ||||||
7 | law enforcement system at an intersection following | ||||||
8 | installation of the system and every 3 years thereafter . Each | ||||||
9 | The statistical analysis shall be based upon the best | ||||||
10 | available crash, traffic, and other data, and shall cover a | ||||||
11 | period of time before and after installation of the system | ||||||
12 | sufficient to provide a statistically valid comparison of | ||||||
13 | safety impact. Each The statistical analysis shall be | ||||||
14 | consistent with professional judgment and acceptable industry | ||||||
15 | practice. Each The statistical analysis also shall be | ||||||
16 | consistent with the data required for valid comparisons of | ||||||
17 | before and after conditions and shall be conducted within a | ||||||
18 | reasonable period following the installation of the automated | ||||||
19 | traffic law enforcement system. Each The statistical analysis | ||||||
20 | required by this subsection (k-7) shall be made available to | ||||||
21 | the public and shall be published on the website of the | ||||||
22 | municipality or county. If a the statistical analysis for the | ||||||
23 | 36 month period following installation of the system indicates | ||||||
24 | that there has been an increase in the rate of accidents at the | ||||||
25 | approach to the intersection monitored by the system, the | ||||||
26 | municipality or county shall undertake additional studies to |
| |||||||
| |||||||
1 | determine the cause and severity of the accidents, and may | ||||||
2 | take any action that it determines is necessary or appropriate | ||||||
3 | to reduce the number or severity of the accidents at that | ||||||
4 | intersection. | ||||||
5 | (k-8) Any municipality or county operating an automated | ||||||
6 | traffic law enforcement system before the effective date of | ||||||
7 | this amendatory Act of the 103rd General Assembly shall | ||||||
8 | conduct a statistical analysis to assess the safety impact of | ||||||
9 | each automated traffic law enforcement system at an | ||||||
10 | intersection by no later than one year after the effective | ||||||
11 | date of this amendatory Act of the 103rd General Assembly and | ||||||
12 | every 3 years thereafter. The statistical analyses shall be | ||||||
13 | based upon the best available crash, traffic, and other data, | ||||||
14 | and shall cover a period of time before and after installation | ||||||
15 | of the system sufficient to provide a statistically valid | ||||||
16 | comparison of safety impact. The statistical analyses shall be | ||||||
17 | consistent with professional judgment and acceptable industry | ||||||
18 | practice. The statistical analyses also shall be consistent | ||||||
19 | with the data required for valid comparisons of before and | ||||||
20 | after conditions. The statistical analyses required by this | ||||||
21 | subsection shall be made available to the public and shall be | ||||||
22 | published on the website of the municipality or county. If the | ||||||
23 | statistical analysis for any period following installation of | ||||||
24 | the system indicates that there has been an increase in the | ||||||
25 | rate of accidents at the approach to the intersection | ||||||
26 | monitored by the system, the municipality or county shall |
| |||||||
| |||||||
1 | undertake additional studies to determine the cause and | ||||||
2 | severity of the accidents, and may take any action that it | ||||||
3 | determines is necessary or appropriate to reduce the number or | ||||||
4 | severity of the accidents at that intersection. | ||||||
5 | (l) The compensation paid for an automated traffic law | ||||||
6 | enforcement system
must be based on the value of the equipment | ||||||
7 | or the services provided and may
not be based on the number of | ||||||
8 | traffic citations issued or the revenue generated
by the | ||||||
9 | system.
| ||||||
10 | (l-1) No officer or employee of a municipality or county | ||||||
11 | shall knowingly accept employment or receive compensation or | ||||||
12 | fees for services from a contractor that provides automated | ||||||
13 | law enforcement system equipment or services to municipalities | ||||||
14 | or counties. No former officer or employee of a municipality | ||||||
15 | or county shall, within a period of 2 years immediately after | ||||||
16 | the termination of municipal or county employment, knowingly | ||||||
17 | accept employment or receive compensation or fees for services | ||||||
18 | from a contractor that provides automated law enforcement | ||||||
19 | system equipment or services to municipalities or counties. | ||||||
20 | (m) This Section applies only to the counties of Cook, | ||||||
21 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
22 | to municipalities located within those counties.
| ||||||
23 | (n) The fee for participating in a traffic education | ||||||
24 | program under this Section shall not exceed $25. | ||||||
25 | A low-income individual required to complete a traffic | ||||||
26 | education program under this Section who provides proof of |
| |||||||
| |||||||
1 | eligibility for the federal earned income tax credit under | ||||||
2 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
3 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
4 | Act shall not be required to pay any fee for participating in a | ||||||
5 | required traffic education program. | ||||||
6 | (o) (Blank). | ||||||
7 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
8 | to a written lease agreement shall be liable for an automated | ||||||
9 | speed or traffic law enforcement system violation involving | ||||||
10 | such motor vehicle during the period of the lease; provided | ||||||
11 | that upon the request of the appropriate authority received | ||||||
12 | within 120 days after the violation occurred, the lessor | ||||||
13 | provides within 60 days after such receipt the name and | ||||||
14 | address of the lessee. | ||||||
15 | Upon the provision of information by the lessor pursuant | ||||||
16 | to this subsection, the county or municipality may issue the | ||||||
17 | violation to the lessee of the vehicle in the same manner as it | ||||||
18 | would issue a violation to a registered owner of a vehicle | ||||||
19 | pursuant to this Section, and the lessee may be held liable for | ||||||
20 | the violation. | ||||||
21 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
22 | 102-905, eff. 1-1-23; revised 12-14-22.)
| ||||||
23 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
24 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
25 | (a) As used in this Section, "automated traffic law |
| |||||||
| |||||||
1 | enforcement
system" means a device with one or more motor | ||||||
2 | vehicle sensors working
in conjunction with a red light signal | ||||||
3 | to produce recorded images of
motor vehicles entering an | ||||||
4 | intersection against a red signal
indication in violation of | ||||||
5 | Section 11-306 of this Code or a similar provision
of a local | ||||||
6 | ordinance.
| ||||||
7 | An
automated traffic law enforcement system is a system, | ||||||
8 | in a municipality or
county operated by a
governmental agency, | ||||||
9 | that
produces a recorded image of a motor vehicle's
violation | ||||||
10 | of a provision of this Code or a local ordinance
and is | ||||||
11 | designed to obtain a clear recorded image of the
vehicle and | ||||||
12 | the vehicle's license plate. The recorded image must also
| ||||||
13 | display the time, date, and location of the violation.
| ||||||
14 | (b) As used in this Section, "recorded images" means | ||||||
15 | images
recorded by an automated traffic law enforcement system | ||||||
16 | on:
| ||||||
17 | (1) 2 or more photographs;
| ||||||
18 | (2) 2 or more microphotographs;
| ||||||
19 | (3) 2 or more electronic images; or
| ||||||
20 | (4) a video recording showing the motor vehicle and, | ||||||
21 | on at
least one image or portion of the recording, clearly | ||||||
22 | identifying the
registration plate or digital registration | ||||||
23 | plate number of the motor vehicle.
| ||||||
24 | (b-5) A municipality or
county that
produces a recorded | ||||||
25 | image of a motor vehicle's
violation of a provision of this | ||||||
26 | Code or a local ordinance must make the recorded images of a |
| |||||||
| |||||||
1 | violation accessible to the alleged violator by providing the | ||||||
2 | alleged violator with a website address, accessible through | ||||||
3 | the Internet. | ||||||
4 | (c) Except as provided under Section 11-208.8 of this | ||||||
5 | Code, a county or municipality, including a home rule county | ||||||
6 | or municipality, may not use an automated traffic law | ||||||
7 | enforcement system to provide recorded images of a motor | ||||||
8 | vehicle for the purpose of recording its speed. Except as | ||||||
9 | provided under Section 11-208.8 of this Code, the regulation | ||||||
10 | of the use of automated traffic law enforcement systems to | ||||||
11 | record vehicle speeds is an exclusive power and function of | ||||||
12 | the State. This subsection (c) is a denial and limitation of | ||||||
13 | home rule powers and functions under subsection (h) of Section | ||||||
14 | 6 of Article VII of the Illinois Constitution.
| ||||||
15 | (c-5) A county or municipality, including a home rule | ||||||
16 | county or municipality, may not use an automated traffic law | ||||||
17 | enforcement system to issue violations in instances where the | ||||||
18 | motor vehicle comes to a complete stop and does not enter the | ||||||
19 | intersection, as defined by Section 1-132 of this Code, during | ||||||
20 | the cycle of the red signal indication unless one or more | ||||||
21 | pedestrians or bicyclists are present, even if the motor | ||||||
22 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
23 | driver is required to stop, as specified in subsection (c) of | ||||||
24 | Section 11-306 of this Code or a similar provision of a local | ||||||
25 | ordinance. | ||||||
26 | (c-6) A county, or a municipality with less than 2,000,000 |
| |||||||
| |||||||
1 | inhabitants, including a home rule county or municipality, may | ||||||
2 | not use an automated traffic law enforcement system to issue | ||||||
3 | violations in instances where a motorcyclist enters an | ||||||
4 | intersection against a red signal
indication when the red | ||||||
5 | signal fails to change to a green signal within a reasonable | ||||||
6 | period of time not less than 120 seconds because of a signal | ||||||
7 | malfunction or because the signal has failed to detect the | ||||||
8 | arrival of the motorcycle due to the motorcycle's size or | ||||||
9 | weight. | ||||||
10 | (d) For each violation of a provision of this Code or a | ||||||
11 | local ordinance
recorded by an automatic
traffic law | ||||||
12 | enforcement system, the county or municipality having
| ||||||
13 | jurisdiction shall issue a written notice of the
violation to | ||||||
14 | the registered owner of the vehicle as the alleged
violator. | ||||||
15 | The notice shall be delivered to the registered
owner of the | ||||||
16 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
17 | notifies the municipality or county of the identity of the | ||||||
18 | owner of the vehicle, but in no event later than 90 days after | ||||||
19 | the violation.
| ||||||
20 | The notice shall include:
| ||||||
21 | (1) the name and address of the registered owner of | ||||||
22 | the
vehicle;
| ||||||
23 | (2) the registration number of the motor vehicle
| ||||||
24 | involved in the violation;
| ||||||
25 | (3) the violation charged;
| ||||||
26 | (4) the location where the violation occurred;
|
| |||||||
| |||||||
1 | (5) the date and time of the violation;
| ||||||
2 | (6) a copy of the recorded images;
| ||||||
3 | (7) the amount of the civil penalty imposed and the | ||||||
4 | requirements of any traffic education program imposed and | ||||||
5 | the date
by which the civil penalty should be paid and the | ||||||
6 | traffic education program should be completed;
| ||||||
7 | (8) a statement that recorded images are evidence of a
| ||||||
8 | violation of a red light signal;
| ||||||
9 | (9) a warning that failure to pay the civil penalty, | ||||||
10 | to complete a required traffic education program, or to
| ||||||
11 | contest liability in a timely manner is an admission of
| ||||||
12 | liability;
| ||||||
13 | (10) a statement that the person may elect to proceed | ||||||
14 | by:
| ||||||
15 | (A) paying the fine, completing a required traffic | ||||||
16 | education program, or both; or
| ||||||
17 | (B) challenging the charge in court, by mail, or | ||||||
18 | by administrative hearing; and
| ||||||
19 | (11) a website address, accessible through the | ||||||
20 | Internet, where the person may view the recorded images of | ||||||
21 | the violation. | ||||||
22 | (e) (Blank).
| ||||||
23 | (f) Based on inspection of recorded images produced by an
| ||||||
24 | automated traffic law enforcement system, a notice alleging | ||||||
25 | that the violation occurred shall be evidence of the facts | ||||||
26 | contained
in the notice and admissible in any proceeding |
| |||||||
| |||||||
1 | alleging a
violation under this Section.
| ||||||
2 | (g) Recorded images made by an automatic traffic law
| ||||||
3 | enforcement system are confidential and shall be made
| ||||||
4 | available only to the alleged violator and governmental and
| ||||||
5 | law enforcement agencies for purposes of adjudicating a
| ||||||
6 | violation of this Section, for statistical purposes, or for | ||||||
7 | other governmental purposes. Any recorded image evidencing a
| ||||||
8 | violation of this Section, however, may be admissible in
any | ||||||
9 | proceeding resulting from the issuance of the citation.
| ||||||
10 | (h) The court or hearing officer may consider in defense | ||||||
11 | of a violation:
| ||||||
12 | (1) that the motor vehicle or registration plates or | ||||||
13 | digital registration plates of the motor
vehicle were | ||||||
14 | stolen before the violation occurred and not
under the | ||||||
15 | control of or in the possession of the owner or lessee at
| ||||||
16 | the time of the violation;
| ||||||
17 | (1.5) that the motor vehicle was hijacked before the | ||||||
18 | violation occurred and not under the control of or in the | ||||||
19 | possession of the owner or lessee at the time of the | ||||||
20 | violation; | ||||||
21 | (2) that the driver of the vehicle passed through the
| ||||||
22 | intersection when the light was red either (i) in order to
| ||||||
23 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
24 | part of a funeral procession; and
| ||||||
25 | (3) any other evidence or issues provided by municipal | ||||||
26 | or county ordinance.
|
| |||||||
| |||||||
1 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
2 | the motor vehicle or registration
plates or digital | ||||||
3 | registration plates were stolen before the violation occurred | ||||||
4 | and were not under the
control or possession of the owner or | ||||||
5 | lessee at the time of the violation, the
owner or lessee must | ||||||
6 | submit proof that a report concerning the
motor vehicle or | ||||||
7 | registration plates was filed with a law enforcement agency in | ||||||
8 | a timely manner.
| ||||||
9 | (j) Unless the driver of the motor vehicle received a | ||||||
10 | Uniform
Traffic Citation from a police officer at the time of | ||||||
11 | the violation,
the motor vehicle owner is subject to a civil | ||||||
12 | penalty not exceeding
$100 or the completion of a traffic | ||||||
13 | education program, or both, plus an additional penalty of not | ||||||
14 | more than $100 for failure to pay the original penalty or to | ||||||
15 | complete a required traffic education program, or both, in a | ||||||
16 | timely manner, if the motor vehicle is recorded by an | ||||||
17 | automated traffic law
enforcement system. A violation for | ||||||
18 | which a civil penalty is imposed
under this Section is not a | ||||||
19 | violation of a traffic regulation governing
the movement of | ||||||
20 | vehicles and may not be recorded on the driving record
of the | ||||||
21 | owner of the vehicle.
| ||||||
22 | (j-3) A registered owner who is a holder of a valid | ||||||
23 | commercial driver's license is not required to complete a | ||||||
24 | traffic education program. | ||||||
25 | (j-5) For purposes of the required traffic education | ||||||
26 | program only, a registered owner may submit an affidavit to |
| |||||||
| |||||||
1 | the court or hearing officer swearing that at the time of the | ||||||
2 | alleged violation, the vehicle was in the custody and control | ||||||
3 | of another person. The affidavit must identify the person in | ||||||
4 | custody and control of the vehicle, including the person's | ||||||
5 | name and current address. The person in custody and control of | ||||||
6 | the vehicle at the time of the violation is required to | ||||||
7 | complete the required traffic education program. If the person | ||||||
8 | in custody and control of the vehicle at the time of the | ||||||
9 | violation completes the required traffic education program, | ||||||
10 | the registered owner of the vehicle is not required to | ||||||
11 | complete a traffic education program. | ||||||
12 | (k) An intersection equipped with an automated traffic law
| ||||||
13 | enforcement system must be posted with a sign visible to | ||||||
14 | approaching traffic
indicating that the intersection is being | ||||||
15 | monitored by an automated
traffic law enforcement system and
| ||||||
16 | informing drivers whether, following a stop, a right turn at
| ||||||
17 | the intersection is permitted or prohibited . | ||||||
18 | (k-3) A municipality or
county that has one or more | ||||||
19 | intersections equipped with an automated traffic law
| ||||||
20 | enforcement system must provide notice to drivers by posting | ||||||
21 | the locations of automated traffic law systems on the | ||||||
22 | municipality or county website.
| ||||||
23 | (k-5) An intersection equipped with an automated traffic | ||||||
24 | law
enforcement system must have a yellow change interval that | ||||||
25 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
26 | Devices (IMUTCD) published by the Illinois Department of |
| |||||||
| |||||||
1 | Transportation. | ||||||
2 | (k-7) A municipality or county operating an automated | ||||||
3 | traffic law enforcement system shall conduct a statistical | ||||||
4 | analysis to assess the safety impact of each automated traffic | ||||||
5 | law enforcement system at an intersection following | ||||||
6 | installation of the system and every 3 years thereafter . Each | ||||||
7 | The statistical analysis shall be based upon the best | ||||||
8 | available crash, traffic, and other data, and shall cover a | ||||||
9 | period of time before and after installation of the system | ||||||
10 | sufficient to provide a statistically valid comparison of | ||||||
11 | safety impact. Each The statistical analysis shall be | ||||||
12 | consistent with professional judgment and acceptable industry | ||||||
13 | practice. Each The statistical analysis also shall be | ||||||
14 | consistent with the data required for valid comparisons of | ||||||
15 | before and after conditions and shall be conducted within a | ||||||
16 | reasonable period following the installation of the automated | ||||||
17 | traffic law enforcement system. Each The statistical analysis | ||||||
18 | required by this subsection (k-7) shall be made available to | ||||||
19 | the public and shall be published on the website of the | ||||||
20 | municipality or county. If a the statistical analysis for the | ||||||
21 | 36 month period following installation of the system indicates | ||||||
22 | that there has been an increase in the rate of crashes at the | ||||||
23 | approach to the intersection monitored by the system, the | ||||||
24 | municipality or county shall undertake additional studies to | ||||||
25 | determine the cause and severity of the crashes, and may take | ||||||
26 | any action that it determines is necessary or appropriate to |
| |||||||
| |||||||
1 | reduce the number or severity of the crashes at that | ||||||
2 | intersection. | ||||||
3 | (k-8) Any municipality or county operating an automated | ||||||
4 | traffic law enforcement system before the effective date of | ||||||
5 | this amendatory Act of the 103rd General Assembly shall | ||||||
6 | conduct a statistical analysis to assess the safety impact of | ||||||
7 | each automated traffic law enforcement system at an | ||||||
8 | intersection by no later than one year after the effective | ||||||
9 | date of this amendatory Act of the 103rd General Assembly and | ||||||
10 | every 3 years thereafter. The statistical analyses shall be | ||||||
11 | based upon the best available crash, traffic, and other data, | ||||||
12 | and shall cover a period of time before and after installation | ||||||
13 | of the system sufficient to provide a statistically valid | ||||||
14 | comparison of safety impact. The statistical analyses shall be | ||||||
15 | consistent with professional judgment and acceptable industry | ||||||
16 | practice. The statistical analyses also shall be consistent | ||||||
17 | with the data required for valid comparisons of before and | ||||||
18 | after conditions. The statistical analyses required by this | ||||||
19 | subsection shall be made available to the public and shall be | ||||||
20 | published on the website of the municipality or county. If the | ||||||
21 | statistical analysis for any period following installation of | ||||||
22 | the system indicates that there has been an increase in the | ||||||
23 | rate of accidents at the approach to the intersection | ||||||
24 | monitored by the system, the municipality or county shall | ||||||
25 | undertake additional studies to determine the cause and | ||||||
26 | severity of the accidents, and may take any action that it |
| |||||||
| |||||||
1 | determines is necessary or appropriate to reduce the number or | ||||||
2 | severity of the accidents at that intersection. | ||||||
3 | (l) The compensation paid for an automated traffic law | ||||||
4 | enforcement system
must be based on the value of the equipment | ||||||
5 | or the services provided and may
not be based on the number of | ||||||
6 | traffic citations issued or the revenue generated
by the | ||||||
7 | system.
| ||||||
8 | (l-1) No officer or employee of a municipality or county | ||||||
9 | shall knowingly accept employment or receive compensation or | ||||||
10 | fees for services from a contractor that provides automated | ||||||
11 | law enforcement system equipment or services to municipalities | ||||||
12 | or counties. No former officer or employee of a municipality | ||||||
13 | or county shall, within a period of 2 years immediately after | ||||||
14 | the termination of municipal or county employment, knowingly | ||||||
15 | accept employment or receive compensation or fees for services | ||||||
16 | from a contractor that provides automated law enforcement | ||||||
17 | system equipment or services to municipalities or counties. | ||||||
18 | (m) This Section applies only to the counties of Cook, | ||||||
19 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
20 | to municipalities located within those counties.
| ||||||
21 | (n) The fee for participating in a traffic education | ||||||
22 | program under this Section shall not exceed $25. | ||||||
23 | A low-income individual required to complete a traffic | ||||||
24 | education program under this Section who provides proof of | ||||||
25 | eligibility for the federal earned income tax credit under | ||||||
26 | Section 32 of the Internal Revenue Code or the Illinois earned |
| |||||||
| |||||||
1 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
2 | Act shall not be required to pay any fee for participating in a | ||||||
3 | required traffic education program. | ||||||
4 | (o) (Blank). | ||||||
5 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
6 | to a written lease agreement shall be liable for an automated | ||||||
7 | speed or traffic law enforcement system violation involving | ||||||
8 | such motor vehicle during the period of the lease; provided | ||||||
9 | that upon the request of the appropriate authority received | ||||||
10 | within 120 days after the violation occurred, the lessor | ||||||
11 | provides within 60 days after such receipt the name and | ||||||
12 | address of the lessee. | ||||||
13 | Upon the provision of information by the lessor pursuant | ||||||
14 | to this subsection, the county or municipality may issue the | ||||||
15 | violation to the lessee of the vehicle in the same manner as it | ||||||
16 | would issue a violation to a registered owner of a vehicle | ||||||
17 | pursuant to this Section, and the lessee may be held liable for | ||||||
18 | the violation. | ||||||
19 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
20 | 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
| ||||||
21 | (625 ILCS 5/11-208.8) | ||||||
22 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
23 | safety zones. | ||||||
24 | (a) As used in this Section: | ||||||
25 | "Automated speed enforcement
system" means a photographic |
| |||||||
| |||||||
1 | device, radar device, laser device, or other electrical or | ||||||
2 | mechanical device or devices installed or utilized in a safety | ||||||
3 | zone and designed to record the speed of a vehicle and obtain a | ||||||
4 | clear photograph or other recorded image of the vehicle and | ||||||
5 | the vehicle's registration plate or digital registration plate | ||||||
6 | while the driver is violating Article VI of Chapter 11 of this | ||||||
7 | Code or a similar provision of a local ordinance. | ||||||
8 | An automated speed enforcement system is a system, located | ||||||
9 | in a safety zone which is under the jurisdiction of a | ||||||
10 | municipality, that produces a recorded image of a motor | ||||||
11 | vehicle's violation of a provision of this Code or a local | ||||||
12 | ordinance and is designed to obtain a clear recorded image of | ||||||
13 | the vehicle and the vehicle's license plate. The recorded | ||||||
14 | image must also display the time, date, and location of the | ||||||
15 | violation. | ||||||
16 | "Owner" means the person or entity to whom the vehicle is | ||||||
17 | registered. | ||||||
18 | "Recorded image" means images
recorded by an automated | ||||||
19 | speed enforcement system on: | ||||||
20 | (1) 2 or more photographs; | ||||||
21 | (2) 2 or more microphotographs; | ||||||
22 | (3) 2 or more electronic images; or | ||||||
23 | (4) a video recording showing the motor vehicle and, | ||||||
24 | on at
least one image or portion of the recording, clearly | ||||||
25 | identifying the
registration plate or digital registration | ||||||
26 | plate number of the motor vehicle. |
| |||||||
| |||||||
1 | "Safety zone" means an area that is within one-eighth of a | ||||||
2 | mile from the nearest property line of any public or private | ||||||
3 | elementary or secondary school, or from the nearest property | ||||||
4 | line of any facility, area, or land owned by a school district | ||||||
5 | that is used for educational purposes approved by the Illinois | ||||||
6 | State Board of Education, not including school district | ||||||
7 | headquarters or administrative buildings. A safety zone also | ||||||
8 | includes an area that is within one-eighth of a mile from the | ||||||
9 | nearest property line of any facility, area, or land owned by a | ||||||
10 | park district used for recreational purposes. However, if any | ||||||
11 | portion of a roadway is within either one-eighth mile radius, | ||||||
12 | the safety zone also shall include the roadway extended to the | ||||||
13 | furthest portion of the next furthest intersection. The term | ||||||
14 | "safety zone" does not include any portion of the roadway | ||||||
15 | known as Lake Shore Drive or any controlled access highway | ||||||
16 | with 8 or more lanes of traffic. | ||||||
17 | (a-5) The automated speed enforcement system shall be | ||||||
18 | operational and violations shall be recorded only at the | ||||||
19 | following times: | ||||||
20 | (i) if the safety zone is based upon the property line | ||||||
21 | of any facility, area, or land owned by a school district, | ||||||
22 | only on school days and no earlier than 6 a.m. and no later | ||||||
23 | than 8:30 p.m. if the school day is during the period of | ||||||
24 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
25 | Friday; and | ||||||
26 | (ii) if the safety zone is based upon the property |
| |||||||
| |||||||
1 | line of any facility, area, or land owned by a park | ||||||
2 | district, no earlier than one hour prior to the time that | ||||||
3 | the facility, area, or land is open to the public or other | ||||||
4 | patrons, and no later than one hour after the facility, | ||||||
5 | area, or land is closed to the public or other patrons. | ||||||
6 | (b) A municipality that
produces a recorded image of a | ||||||
7 | motor vehicle's
violation of a provision of this Code or a | ||||||
8 | local ordinance must make the recorded images of a violation | ||||||
9 | accessible to the alleged violator by providing the alleged | ||||||
10 | violator with a website address, accessible through the | ||||||
11 | Internet. | ||||||
12 | (c) Notwithstanding any penalties for any other violations | ||||||
13 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
14 | violation recorded by an automated speed enforcement system | ||||||
15 | shall be subject to the following penalties: | ||||||
16 | (1) if the recorded speed is no less than 6 miles per | ||||||
17 | hour and no more than 10 miles per hour over the legal | ||||||
18 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
19 | additional penalty of not more than $50 for failure to pay | ||||||
20 | the original penalty in a timely manner; or | ||||||
21 | (2) if the recorded speed is more than 10 miles per | ||||||
22 | hour over the legal speed limit, a civil penalty not | ||||||
23 | exceeding $100, plus an additional penalty of not more | ||||||
24 | than $100 for failure to pay the original penalty in a | ||||||
25 | timely manner. | ||||||
26 | A penalty may not be imposed under this Section if the |
| |||||||
| |||||||
1 | driver of the motor vehicle received a Uniform Traffic | ||||||
2 | Citation from a police officer for a speeding violation | ||||||
3 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
4 | violation that was recorded by the system. A violation for | ||||||
5 | which a civil penalty is imposed
under this Section is not a | ||||||
6 | violation of a traffic regulation governing
the movement of | ||||||
7 | vehicles and may not be recorded on the driving record
of the | ||||||
8 | owner of the vehicle. A law enforcement officer is not | ||||||
9 | required to be present or to witness the violation. No penalty | ||||||
10 | may be imposed under this Section if the recorded speed of a | ||||||
11 | vehicle is 5 miles per hour or less over the legal speed limit. | ||||||
12 | The municipality may send, in the same manner that notices are | ||||||
13 | sent under this Section, a speed violation warning notice | ||||||
14 | where the violation involves a speed of 5 miles per hour or | ||||||
15 | less above the legal speed limit. | ||||||
16 | (d) The net proceeds that a municipality receives from | ||||||
17 | civil penalties imposed under an automated speed enforcement | ||||||
18 | system, after deducting all non-personnel and personnel costs | ||||||
19 | associated with the operation and maintenance of such system, | ||||||
20 | shall be expended or obligated by the municipality for the | ||||||
21 | following purposes: | ||||||
22 | (i) public safety initiatives to ensure safe passage | ||||||
23 | around schools, and to provide police protection and | ||||||
24 | surveillance around schools and parks, including but not | ||||||
25 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
26 | costs such as construction and maintenance of public |
| |||||||
| |||||||
1 | safety infrastructure and equipment; | ||||||
2 | (ii) initiatives to improve pedestrian and traffic | ||||||
3 | safety; | ||||||
4 | (iii) construction and maintenance of infrastructure | ||||||
5 | within the municipality, including but not limited to | ||||||
6 | roads and bridges; and | ||||||
7 | (iv) after school programs. | ||||||
8 | (e) For each violation of a provision of this Code or a | ||||||
9 | local ordinance
recorded by an automated speed enforcement | ||||||
10 | system, the municipality having
jurisdiction shall issue a | ||||||
11 | written notice of the
violation to the registered owner of the | ||||||
12 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
13 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
14 | after the Secretary of State notifies the municipality of the | ||||||
15 | identity of the owner of the vehicle, but in no event later | ||||||
16 | than 90 days after the violation. | ||||||
17 | (f) The notice required under subsection (e) of this | ||||||
18 | Section 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 date, time, and location where the violation | ||||||
25 | occurred; | ||||||
26 | (5) a copy of the recorded image or images; |
| |||||||
| |||||||
1 | (6) the amount of the civil penalty imposed and the | ||||||
2 | date
by which the civil penalty should be paid; | ||||||
3 | (7) a statement that recorded images are evidence of a
| ||||||
4 | violation of a speed restriction; | ||||||
5 | (8) a warning that failure to pay the civil penalty or | ||||||
6 | to
contest liability in a timely manner is an admission of
| ||||||
7 | liability; | ||||||
8 | (9) a statement that the person may elect to proceed | ||||||
9 | by: | ||||||
10 | (A) paying the fine; or | ||||||
11 | (B) challenging the charge in court, by mail, or | ||||||
12 | by administrative hearing; and | ||||||
13 | (10) a website address, accessible through the
| ||||||
14 | Internet, where the person may view the recorded images of | ||||||
15 | the violation. | ||||||
16 | (g) (Blank). | ||||||
17 | (h) Based on inspection of recorded images produced by an
| ||||||
18 | automated speed enforcement system, a notice alleging that the | ||||||
19 | violation occurred shall be evidence of the facts contained
in | ||||||
20 | the notice and admissible in any proceeding alleging a
| ||||||
21 | violation under this Section. | ||||||
22 | (i) Recorded images made by an automated speed
enforcement | ||||||
23 | system are confidential and shall be made
available only to | ||||||
24 | the alleged violator and governmental and
law enforcement | ||||||
25 | agencies for purposes of adjudicating a
violation of this | ||||||
26 | Section, for statistical purposes, or for other governmental |
| |||||||
| |||||||
1 | purposes. Any recorded image evidencing a
violation of this | ||||||
2 | Section, however, may be admissible in
any proceeding | ||||||
3 | resulting from the issuance of the citation. | ||||||
4 | (j) The court or hearing officer may consider in defense | ||||||
5 | of a violation: | ||||||
6 | (1) that the motor vehicle or registration plates or | ||||||
7 | digital registration plates of the motor
vehicle were | ||||||
8 | stolen before the violation occurred and not
under the | ||||||
9 | control or in the possession of the owner or lessee at
the | ||||||
10 | time of the violation; | ||||||
11 | (1.5) that the motor vehicle was hijacked before the | ||||||
12 | violation occurred and not under the control of or in the | ||||||
13 | possession of the owner or lessee at the time of the | ||||||
14 | violation; | ||||||
15 | (2) that the driver of the motor vehicle received a | ||||||
16 | Uniform Traffic Citation from a police officer for a | ||||||
17 | speeding violation occurring within one-eighth of a mile | ||||||
18 | and 15 minutes of the violation that was recorded by the | ||||||
19 | system; and | ||||||
20 | (3) any other evidence or issues provided by municipal | ||||||
21 | ordinance. | ||||||
22 | (k) To demonstrate that the motor vehicle was hijacked or | ||||||
23 | the motor vehicle or registration
plates or digital | ||||||
24 | registration plates were stolen before the violation occurred | ||||||
25 | and were not under the
control or possession of the owner or | ||||||
26 | lessee at the time of the violation, the
owner or lessee must |
| |||||||
| |||||||
1 | submit proof that a report concerning the
motor vehicle or | ||||||
2 | registration plates was filed with a law enforcement agency in | ||||||
3 | a timely manner. | ||||||
4 | (l) A roadway equipped with an automated speed enforcement | ||||||
5 | system shall be posted with a sign conforming to the national | ||||||
6 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
7 | approaching traffic stating that vehicle speeds are being | ||||||
8 | photo-enforced and indicating the speed limit. The | ||||||
9 | municipality shall install such additional signage as it | ||||||
10 | determines is necessary to give reasonable notice to drivers | ||||||
11 | as to where automated speed enforcement systems are installed. | ||||||
12 | (m) A roadway where a new automated speed enforcement | ||||||
13 | system is installed shall be posted with signs providing 30 | ||||||
14 | days notice of the use of a new automated speed enforcement | ||||||
15 | system prior to the issuance of any citations through the | ||||||
16 | automated speed enforcement system. | ||||||
17 | (n) The compensation paid for an automated speed | ||||||
18 | enforcement system
must be based on the value of the equipment | ||||||
19 | or the services provided and may
not be based on the number of | ||||||
20 | traffic citations issued or the revenue generated
by the | ||||||
21 | system. | ||||||
22 | (n-1) No officer or employee of a municipality or county | ||||||
23 | shall knowingly accept employment or receive compensation or | ||||||
24 | fees for services from a contractor that provides automated | ||||||
25 | speed enforcement system equipment or services to | ||||||
26 | municipalities. No former officer or employee of a |
| |||||||
| |||||||
1 | municipality or county shall, within a period of 2 years | ||||||
2 | immediately after termination of municipal or county | ||||||
3 | employment, knowingly accept employment or receive | ||||||
4 | compensation or fees for services from a contractor that | ||||||
5 | provides automated speed enforcement system equipment or | ||||||
6 | services to municipalities. | ||||||
7 | (o) (Blank). | ||||||
8 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
9 | to a written lease agreement shall be liable for an automated | ||||||
10 | speed or traffic law enforcement system violation involving | ||||||
11 | such motor vehicle during the period of the lease; provided | ||||||
12 | that upon the request of the appropriate authority received | ||||||
13 | within 120 days after the violation occurred, the lessor | ||||||
14 | provides within 60 days after such receipt the name and | ||||||
15 | address of the lessee. The drivers license number of a lessee | ||||||
16 | may be subsequently individually requested by the appropriate | ||||||
17 | authority if needed for enforcement of this Section. | ||||||
18 | Upon the provision of information by the lessor pursuant | ||||||
19 | to this subsection, the municipality may issue the violation | ||||||
20 | to the lessee of the vehicle in the same manner as it would | ||||||
21 | issue a violation to a registered owner of a vehicle pursuant | ||||||
22 | to this Section, and the lessee may be held liable for the | ||||||
23 | violation. | ||||||
24 | (q) A municipality using an automated speed enforcement | ||||||
25 | system must provide notice to drivers by publishing the | ||||||
26 | locations of all safety zones where system equipment is |
| |||||||
| |||||||
1 | installed on the website of the municipality. | ||||||
2 | (r) A municipality operating an automated speed | ||||||
3 | enforcement system shall conduct a statistical analysis to | ||||||
4 | assess the safety impact of the system following installation | ||||||
5 | of the system and every 3 years thereafter. A municipality | ||||||
6 | operating an automated speed enforcement system before the | ||||||
7 | effective date of this amendatory Act of the 103rd General | ||||||
8 | Assembly shall conduct a statistical analysis to assess the | ||||||
9 | safety impact of the system by no later than one year after the | ||||||
10 | effective date of this amendatory Act of the 103rd General | ||||||
11 | Assembly and every 3 years thereafter . Each The statistical | ||||||
12 | analysis shall be based upon the best available crash, | ||||||
13 | traffic, and other data, and shall cover a period of time | ||||||
14 | before and after installation of the system sufficient to | ||||||
15 | provide a statistically valid comparison of safety impact. | ||||||
16 | Each The statistical analysis shall be consistent with | ||||||
17 | professional judgment and acceptable industry practice. Each | ||||||
18 | The statistical analysis also shall be consistent with the | ||||||
19 | data required for valid comparisons of before and after | ||||||
20 | conditions and shall be conducted within a reasonable period | ||||||
21 | following the installation of the automated traffic law | ||||||
22 | enforcement system. Each The statistical analysis required by | ||||||
23 | this subsection shall be made available to the public and | ||||||
24 | shall be published on the website of the municipality. | ||||||
25 | (s) This Section applies only to municipalities with a | ||||||
26 | population of 1,000,000 or more inhabitants.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
2 | 102-905, eff. 1-1-23 .)
| ||||||
3 | (625 ILCS 5/11-208.9)
| ||||||
4 | (Text of Section before amendment by P.A. 102-982 ) | ||||||
5 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
6 | approaching, overtaking, and passing a school bus. | ||||||
7 | (a) As used in this Section, "automated traffic law | ||||||
8 | enforcement
system" means a device with one or more motor | ||||||
9 | vehicle sensors working
in conjunction with the visual signals | ||||||
10 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
11 | this Code, to produce recorded images of
motor vehicles that | ||||||
12 | fail to stop before meeting or overtaking, from either | ||||||
13 | direction, any school bus stopped at any location for the | ||||||
14 | purpose of receiving or discharging pupils in violation of | ||||||
15 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
16 | ordinance. | ||||||
17 | An
automated traffic law enforcement system is a system, | ||||||
18 | in a municipality or
county operated by a
governmental agency, | ||||||
19 | that
produces a recorded image of a motor vehicle's
violation | ||||||
20 | of a provision of this Code or a local ordinance
and is | ||||||
21 | designed to obtain a clear recorded image of the
vehicle and | ||||||
22 | the vehicle's license plate. The recorded image must also
| ||||||
23 | display the time, date, and location of the violation. | ||||||
24 | (b) As used in this Section, "recorded images" means | ||||||
25 | images
recorded by an automated traffic law enforcement system |
| |||||||
| |||||||
1 | on: | ||||||
2 | (1) 2 or more photographs; | ||||||
3 | (2) 2 or more microphotographs; | ||||||
4 | (3) 2 or more electronic images; or | ||||||
5 | (4) a video recording showing the motor vehicle and, | ||||||
6 | on at
least one image or portion of the recording, clearly | ||||||
7 | identifying the
registration plate or digital registration | ||||||
8 | plate number of the motor vehicle. | ||||||
9 | (c) A municipality or
county that
produces a recorded | ||||||
10 | image of a motor vehicle's
violation of a provision of this | ||||||
11 | Code or a local ordinance must make the recorded images of a | ||||||
12 | violation accessible to the alleged violator by providing the | ||||||
13 | alleged violator with a website address, accessible through | ||||||
14 | the Internet. | ||||||
15 | (d) For each violation of a provision of this Code or a | ||||||
16 | local ordinance
recorded by an automated
traffic law | ||||||
17 | enforcement system, the county or municipality having
| ||||||
18 | jurisdiction shall issue a written notice of the
violation to | ||||||
19 | the registered owner of the vehicle as the alleged
violator. | ||||||
20 | The notice shall be delivered to the registered
owner of the | ||||||
21 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
22 | notifies the municipality or county of the identity of the | ||||||
23 | owner of the vehicle, but in no event later than 90 days after | ||||||
24 | the violation. | ||||||
25 | (e) The notice required under subsection (d) shall | ||||||
26 | include: |
| |||||||
| |||||||
1 | (1) the name and address of the registered owner of | ||||||
2 | the
vehicle; | ||||||
3 | (2) the registration number of the motor vehicle
| ||||||
4 | involved in the violation; | ||||||
5 | (3) the violation charged; | ||||||
6 | (4) the location where the violation occurred; | ||||||
7 | (5) the date and time of the violation; | ||||||
8 | (6) a copy of the recorded images; | ||||||
9 | (7) the amount of the civil penalty imposed and the | ||||||
10 | date
by which the civil penalty should be paid; | ||||||
11 | (8) a statement that recorded images are evidence of a
| ||||||
12 | violation of overtaking or passing a school bus stopped | ||||||
13 | for the purpose of receiving or discharging pupils; | ||||||
14 | (9) a warning that failure to pay the civil penalty or | ||||||
15 | to
contest liability in a timely manner is an admission of
| ||||||
16 | liability; | ||||||
17 | (10) a statement that the person may elect to proceed | ||||||
18 | by: | ||||||
19 | (A) paying the fine; or | ||||||
20 | (B) challenging the charge in court, by mail, or | ||||||
21 | by administrative hearing; and | ||||||
22 | (11) a website address, accessible through the | ||||||
23 | Internet, where the person may view the recorded images of | ||||||
24 | the violation. | ||||||
25 | (f) (Blank). | ||||||
26 | (g) Based on inspection of recorded images produced by an
|
| |||||||
| |||||||
1 | automated traffic law enforcement system, a notice alleging | ||||||
2 | that the violation occurred shall be evidence of the facts | ||||||
3 | contained
in the notice and admissible in any proceeding | ||||||
4 | alleging a
violation under this Section. | ||||||
5 | (g-1) No officer or employee of a municipality or county | ||||||
6 | shall knowingly accept employment or receive compensation or | ||||||
7 | fees for services from a contractor that provides automated | ||||||
8 | railroad grade crossing enforcement system equipment or | ||||||
9 | services to municipalities or counties. No former officer or | ||||||
10 | employee of a municipality or county shall, within a period of | ||||||
11 | 2 years immediately after termination of municipal or county | ||||||
12 | employment, knowingly accept employment or receive | ||||||
13 | compensation or fees for services from a contractor that | ||||||
14 | provides automated railroad grade crossing enforcement system | ||||||
15 | equipment or services to municipalities or counties. | ||||||
16 | (h) Recorded images made by an automated traffic law
| ||||||
17 | enforcement system are confidential and shall be made
| ||||||
18 | available only to the alleged violator and governmental and
| ||||||
19 | law enforcement agencies for purposes of adjudicating a
| ||||||
20 | violation of this Section, for statistical purposes, or for | ||||||
21 | other governmental purposes. Any recorded image evidencing a
| ||||||
22 | violation of this Section, however, may be admissible in
any | ||||||
23 | proceeding resulting from the issuance of the citation. | ||||||
24 | (i) The court or hearing officer may consider in defense | ||||||
25 | of a violation: | ||||||
26 | (1) that the motor vehicle or registration plates or |
| |||||||
| |||||||
1 | digital registration plates of the motor
vehicle were | ||||||
2 | stolen before the violation occurred and not
under the | ||||||
3 | control of or in the possession of the owner or lessee at
| ||||||
4 | the time of the violation; | ||||||
5 | (1.5) that the motor vehicle was hijacked before the | ||||||
6 | violation occurred and not under the control of or in the | ||||||
7 | possession of the owner or lessee at the time of the | ||||||
8 | violation; | ||||||
9 | (2) that the driver of the motor vehicle received a | ||||||
10 | Uniform Traffic Citation from a police officer for a | ||||||
11 | violation of Section 11-1414 of this Code within | ||||||
12 | one-eighth of a mile and 15 minutes of the violation that | ||||||
13 | was recorded by the system; | ||||||
14 | (3) that the visual signals required by Sections | ||||||
15 | 12-803 and 12-805 of this Code were damaged, not | ||||||
16 | activated, not present in violation of Sections 12-803 and | ||||||
17 | 12-805, or inoperable; and | ||||||
18 | (4) any other evidence or issues provided by municipal | ||||||
19 | or county ordinance. | ||||||
20 | (j) To demonstrate that the motor vehicle was hijacked or | ||||||
21 | the motor vehicle or registration
plates or digital | ||||||
22 | registration plates were stolen before the violation occurred | ||||||
23 | and were not under the
control or possession of the owner or | ||||||
24 | lessee at the time of the violation, the
owner or lessee must | ||||||
25 | submit proof that a report concerning the
motor vehicle or | ||||||
26 | registration plates was filed with a law enforcement agency in |
| |||||||
| |||||||
1 | a timely manner. | ||||||
2 | (k) Unless the driver of the motor vehicle received a | ||||||
3 | Uniform
Traffic Citation from a police officer at the time of | ||||||
4 | the violation,
the motor vehicle owner is subject to a civil | ||||||
5 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
6 | for a second or subsequent violation, plus an additional | ||||||
7 | penalty of not more than $100 for failure to pay the original | ||||||
8 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
9 | an automated traffic law
enforcement system. A violation for | ||||||
10 | which a civil penalty is imposed
under this Section is not a | ||||||
11 | violation of a traffic regulation governing
the movement of | ||||||
12 | vehicles and may not be recorded on the driving record
of the | ||||||
13 | owner of the vehicle, but may be recorded by the municipality | ||||||
14 | or county for the purpose of determining if a person is subject | ||||||
15 | to the higher fine for a second or subsequent offense. | ||||||
16 | (l) A school bus equipped with an automated traffic law
| ||||||
17 | enforcement system must be posted with a sign indicating that | ||||||
18 | the school bus is being monitored by an automated
traffic law | ||||||
19 | enforcement system. | ||||||
20 | (m) A municipality or
county that has one or more school | ||||||
21 | buses equipped with an automated traffic law
enforcement | ||||||
22 | system must provide notice to drivers by posting a list of | ||||||
23 | school districts using school buses equipped with an automated | ||||||
24 | traffic law enforcement system on the municipality or county | ||||||
25 | website. School districts that have one or more school buses | ||||||
26 | equipped with an automated traffic law enforcement system must |
| |||||||
| |||||||
1 | provide notice to drivers by posting that information on their | ||||||
2 | websites. | ||||||
3 | (n) A municipality or county operating an automated | ||||||
4 | traffic law enforcement system shall conduct a statistical | ||||||
5 | analysis to assess the safety impact in each school district | ||||||
6 | using school buses equipped with an automated traffic law | ||||||
7 | enforcement system following installation of the system and | ||||||
8 | every 3 years thereafter. A municipality or county operating | ||||||
9 | an automated speed enforcement system before the effective | ||||||
10 | date of this amendatory Act of the 103rd General Assembly | ||||||
11 | shall conduct a statistical analysis to assess the safety | ||||||
12 | impact of the system by no later than one year after the | ||||||
13 | effective date of this amendatory Act of the 103rd General | ||||||
14 | Assembly and every 3 years thereafter . Each The statistical | ||||||
15 | analysis shall be based upon the best available crash, | ||||||
16 | traffic, and other data, and shall cover a period of time | ||||||
17 | before and after installation of the system sufficient to | ||||||
18 | provide a statistically valid comparison of safety impact. | ||||||
19 | Each The statistical analysis shall be consistent with | ||||||
20 | professional judgment and acceptable industry practice. Each | ||||||
21 | The statistical analysis also shall be consistent with the | ||||||
22 | data required for valid comparisons of before and after | ||||||
23 | conditions and shall be conducted within a reasonable period | ||||||
24 | following the installation of the automated traffic law | ||||||
25 | enforcement system. Each The statistical analysis required by | ||||||
26 | this subsection shall be made available to the public and |
| |||||||
| |||||||
1 | shall be published on the website of the municipality or | ||||||
2 | county. If a the statistical analysis for the 36-month period | ||||||
3 | following installation of the system indicates that there has | ||||||
4 | been an increase in the rate of accidents at the approach to | ||||||
5 | school buses monitored by the system, the municipality or | ||||||
6 | county shall undertake additional studies to determine the | ||||||
7 | cause and severity of the accidents, and may take any action | ||||||
8 | that it determines is necessary or appropriate to reduce the | ||||||
9 | number or severity of the accidents involving school buses | ||||||
10 | equipped with an automated traffic law enforcement system. | ||||||
11 | (o) The compensation paid for an automated traffic law | ||||||
12 | enforcement system
must be based on the value of the equipment | ||||||
13 | or the services provided and may
not be based on the number of | ||||||
14 | traffic citations issued or the revenue generated
by the | ||||||
15 | system. | ||||||
16 | (o-1) No officer or employee of a municipality or county | ||||||
17 | shall knowingly accept employment or receive compensation or | ||||||
18 | fees for services from a contractor that provides automated | ||||||
19 | law enforcement system equipment or services to municipalities | ||||||
20 | or counties. No former officer or employee of a municipality | ||||||
21 | or county shall, within a period of 2 years immediately after | ||||||
22 | termination of municipal or county employment, knowingly | ||||||
23 | accept employment or receive compensation or fees for services | ||||||
24 | from a contractor that provides automated law enforcement | ||||||
25 | system equipment or services to municipalities or counties. | ||||||
26 | (p) No person who is the lessor of a motor vehicle pursuant |
| |||||||
| |||||||
1 | to a written lease agreement shall be liable for an automated | ||||||
2 | speed or traffic law enforcement system violation involving | ||||||
3 | such motor vehicle during the period of the lease; provided | ||||||
4 | that upon the request of the appropriate authority received | ||||||
5 | within 120 days after the violation occurred, the lessor | ||||||
6 | provides within 60 days after such receipt the name and | ||||||
7 | address of the lessee. | ||||||
8 | Upon the provision of information by the lessor pursuant | ||||||
9 | to this subsection, the county or municipality may issue the | ||||||
10 | violation to the lessee of the vehicle in the same manner as it | ||||||
11 | would issue a violation to a registered owner of a vehicle | ||||||
12 | pursuant to this Section, and the lessee may be held liable for | ||||||
13 | the violation. | ||||||
14 | (q) (Blank). | ||||||
15 | (r) After a municipality or county enacts an ordinance | ||||||
16 | providing for automated traffic law enforcement systems under | ||||||
17 | this Section, each school district within that municipality or | ||||||
18 | county's jurisdiction may implement an automated traffic law | ||||||
19 | enforcement system under this Section. The elected school | ||||||
20 | board for that district must approve the implementation of an | ||||||
21 | automated traffic law enforcement system. The school district | ||||||
22 | shall be responsible for entering into a contract, approved by | ||||||
23 | the elected school board of that district, with vendors for | ||||||
24 | the installation, maintenance, and operation of the automated | ||||||
25 | traffic law enforcement system. The school district must enter | ||||||
26 | into an intergovernmental agreement, approved by the elected |
| |||||||
| |||||||
1 | school board of that district, with the municipality or county | ||||||
2 | with jurisdiction over that school district for the | ||||||
3 | administration of the automated traffic law enforcement | ||||||
4 | system. The proceeds from a school district's automated | ||||||
5 | traffic law enforcement system's fines shall be divided | ||||||
6 | equally between the school district and the municipality or | ||||||
7 | county administering the automated traffic law enforcement | ||||||
8 | system.
| ||||||
9 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
10 | 102-905, eff. 1-1-23.)
| ||||||
11 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
12 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
13 | approaching, overtaking, and passing a school bus. | ||||||
14 | (a) As used in this Section, "automated traffic law | ||||||
15 | enforcement
system" means a device with one or more motor | ||||||
16 | vehicle sensors working
in conjunction with the visual signals | ||||||
17 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
18 | this Code, to produce recorded images of
motor vehicles that | ||||||
19 | fail to stop before meeting or overtaking, from either | ||||||
20 | direction, any school bus stopped at any location for the | ||||||
21 | purpose of receiving or discharging pupils in violation of | ||||||
22 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
23 | ordinance. | ||||||
24 | An
automated traffic law enforcement system is a system, | ||||||
25 | in a municipality or
county operated by a
governmental agency, |
| |||||||
| |||||||
1 | that
produces a recorded image of a motor vehicle's
violation | ||||||
2 | of a provision of this Code or a local ordinance
and is | ||||||
3 | designed to obtain a clear recorded image of the
vehicle and | ||||||
4 | the vehicle's license plate. The recorded image must also
| ||||||
5 | display the time, date, and location of the violation. | ||||||
6 | (b) As used in this Section, "recorded images" means | ||||||
7 | images
recorded by an automated traffic law enforcement system | ||||||
8 | on: | ||||||
9 | (1) 2 or more photographs; | ||||||
10 | (2) 2 or more microphotographs; | ||||||
11 | (3) 2 or more electronic images; or | ||||||
12 | (4) a video recording showing the motor vehicle and, | ||||||
13 | on at
least one image or portion of the recording, clearly | ||||||
14 | identifying the
registration plate or digital registration | ||||||
15 | plate number of the motor vehicle. | ||||||
16 | (c) A municipality or
county that
produces a recorded | ||||||
17 | image of a motor vehicle's
violation of a provision of this | ||||||
18 | Code or a local ordinance must make the recorded images of a | ||||||
19 | violation accessible to the alleged violator by providing the | ||||||
20 | alleged violator with a website address, accessible through | ||||||
21 | the Internet. | ||||||
22 | (d) For each violation of a provision of this Code or a | ||||||
23 | local ordinance
recorded by an automated
traffic law | ||||||
24 | enforcement system, the county or municipality having
| ||||||
25 | jurisdiction shall issue a written notice of the
violation to | ||||||
26 | the registered owner of the vehicle as the alleged
violator. |
| |||||||
| |||||||
1 | The notice shall be delivered to the registered
owner of the | ||||||
2 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
3 | notifies the municipality or county of the identity of the | ||||||
4 | owner of the vehicle, but in no event later than 90 days after | ||||||
5 | the violation. | ||||||
6 | (e) The notice required under subsection (d) shall | ||||||
7 | include: | ||||||
8 | (1) the name and address of the registered owner of | ||||||
9 | the
vehicle; | ||||||
10 | (2) the registration number of the motor vehicle
| ||||||
11 | involved in the violation; | ||||||
12 | (3) the violation charged; | ||||||
13 | (4) the location where the violation occurred; | ||||||
14 | (5) the date and time of the violation; | ||||||
15 | (6) a copy of the recorded images; | ||||||
16 | (7) the amount of the civil penalty imposed and the | ||||||
17 | date
by which the civil penalty should be paid; | ||||||
18 | (8) a statement that recorded images are evidence of a
| ||||||
19 | violation of overtaking or passing a school bus stopped | ||||||
20 | for the purpose of receiving or discharging pupils; | ||||||
21 | (9) a warning that failure to pay the civil penalty or | ||||||
22 | to
contest liability in a timely manner is an admission of
| ||||||
23 | liability; | ||||||
24 | (10) a statement that the person may elect to proceed | ||||||
25 | by: | ||||||
26 | (A) paying the fine; or |
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| |||||||
1 | (B) challenging the charge in court, by mail, or | ||||||
2 | by administrative hearing; and | ||||||
3 | (11) a website address, accessible through the | ||||||
4 | Internet, where the person may view the recorded images of | ||||||
5 | the violation. | ||||||
6 | (f) (Blank). | ||||||
7 | (g) Based on inspection of recorded images produced by an
| ||||||
8 | automated traffic law enforcement system, a notice alleging | ||||||
9 | that the violation occurred shall be evidence of the facts | ||||||
10 | contained
in the notice and admissible in any proceeding | ||||||
11 | alleging a
violation under this Section. | ||||||
12 | (g-1) No officer or employee of a municipality or county | ||||||
13 | shall knowingly accept employment or receive compensation or | ||||||
14 | fees for services from a contractor that provides automated | ||||||
15 | railroad grade crossing enforcement system equipment or | ||||||
16 | services to municipalities or counties. No former officer or | ||||||
17 | employee of a municipality or county shall, within a period of | ||||||
18 | 2 years immediately after termination of municipal or county | ||||||
19 | employment, knowingly accept employment or receive | ||||||
20 | compensation or fees for services from a contractor that | ||||||
21 | provides automated railroad grade crossing enforcement system | ||||||
22 | equipment or services to municipalities or counties. | ||||||
23 | (h) Recorded images made by an automated traffic law
| ||||||
24 | enforcement system are confidential and shall be made
| ||||||
25 | available only to the alleged violator and governmental and
| ||||||
26 | law enforcement agencies for purposes of adjudicating a
|
| |||||||
| |||||||
1 | violation of this Section, for statistical purposes, or for | ||||||
2 | other governmental purposes. Any recorded image evidencing a
| ||||||
3 | violation of this Section, however, may be admissible in
any | ||||||
4 | proceeding resulting from the issuance of the citation. | ||||||
5 | (i) The court or hearing officer may consider in defense | ||||||
6 | of a violation: | ||||||
7 | (1) that the motor vehicle or registration plates or | ||||||
8 | digital registration plates of the motor
vehicle were | ||||||
9 | stolen before the violation occurred and not
under the | ||||||
10 | control of or in the possession of the owner or lessee at
| ||||||
11 | the time of the violation; | ||||||
12 | (1.5) that the motor vehicle was hijacked before the | ||||||
13 | violation occurred and not under the control of or in the | ||||||
14 | possession of the owner or lessee at the time of the | ||||||
15 | violation; | ||||||
16 | (2) that the driver of the motor vehicle received a | ||||||
17 | Uniform Traffic Citation from a police officer for a | ||||||
18 | violation of Section 11-1414 of this Code within | ||||||
19 | one-eighth of a mile and 15 minutes of the violation that | ||||||
20 | was recorded by the system; | ||||||
21 | (3) that the visual signals required by Sections | ||||||
22 | 12-803 and 12-805 of this Code were damaged, not | ||||||
23 | activated, not present in violation of Sections 12-803 and | ||||||
24 | 12-805, or inoperable; and | ||||||
25 | (4) any other evidence or issues provided by municipal | ||||||
26 | or county ordinance. |
| |||||||
| |||||||
1 | (j) To demonstrate that the motor vehicle was hijacked or | ||||||
2 | the motor vehicle or registration
plates or digital | ||||||
3 | registration plates were stolen before the violation occurred | ||||||
4 | and were not under the
control or possession of the owner or | ||||||
5 | lessee at the time of the violation, the
owner or lessee must | ||||||
6 | submit proof that a report concerning the
motor vehicle or | ||||||
7 | registration plates was filed with a law enforcement agency in | ||||||
8 | a timely manner. | ||||||
9 | (k) Unless the driver of the motor vehicle received a | ||||||
10 | Uniform
Traffic Citation from a police officer at the time of | ||||||
11 | the violation,
the motor vehicle owner is subject to a civil | ||||||
12 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
13 | for a second or subsequent violation, plus an additional | ||||||
14 | penalty of not more than $100 for failure to pay the original | ||||||
15 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
16 | an automated traffic law
enforcement system. A violation for | ||||||
17 | which a civil penalty is imposed
under this Section is not a | ||||||
18 | violation of a traffic regulation governing
the movement of | ||||||
19 | vehicles and may not be recorded on the driving record
of the | ||||||
20 | owner of the vehicle, but may be recorded by the municipality | ||||||
21 | or county for the purpose of determining if a person is subject | ||||||
22 | to the higher fine for a second or subsequent offense. | ||||||
23 | (l) A school bus equipped with an automated traffic law
| ||||||
24 | enforcement system must be posted with a sign indicating that | ||||||
25 | the school bus is being monitored by an automated
traffic law | ||||||
26 | enforcement system. |
| |||||||
| |||||||
1 | (m) A municipality or
county that has one or more school | ||||||
2 | buses equipped with an automated traffic law
enforcement | ||||||
3 | system must provide notice to drivers by posting a list of | ||||||
4 | school districts using school buses equipped with an automated | ||||||
5 | traffic law enforcement system on the municipality or county | ||||||
6 | website. School districts that have one or more school buses | ||||||
7 | equipped with an automated traffic law enforcement system must | ||||||
8 | provide notice to drivers by posting that information on their | ||||||
9 | websites. | ||||||
10 | (n) A municipality or county operating an automated | ||||||
11 | traffic law enforcement system shall conduct a statistical | ||||||
12 | analysis to assess the safety impact in each school district | ||||||
13 | using school buses equipped with an automated traffic law | ||||||
14 | enforcement system following installation of the system and | ||||||
15 | every 3 years thereafter. A municipality or county operating | ||||||
16 | an automated speed enforcement system before the effective | ||||||
17 | date of this amendatory Act of the 103rd General Assembly | ||||||
18 | shall conduct a statistical analysis to assess the safety | ||||||
19 | impact of the system by no later than one year after the | ||||||
20 | effective date of this amendatory Act of the 103rd General | ||||||
21 | Assembly and every 3 years thereafter . Each The statistical | ||||||
22 | analysis shall be based upon the best available crash, | ||||||
23 | traffic, and other data, and shall cover a period of time | ||||||
24 | before and after installation of the system sufficient to | ||||||
25 | provide a statistically valid comparison of safety impact. | ||||||
26 | Each The statistical analysis shall be consistent with |
| |||||||
| |||||||
1 | professional judgment and acceptable industry practice. Each | ||||||
2 | The statistical analysis also shall be consistent with the | ||||||
3 | data required for valid comparisons of before and after | ||||||
4 | conditions and shall be conducted within a reasonable period | ||||||
5 | following the installation of the automated traffic law | ||||||
6 | enforcement system. Each The statistical analysis required by | ||||||
7 | this subsection shall be made available to the public and | ||||||
8 | shall be published on the website of the municipality or | ||||||
9 | county. If a the statistical analysis for the 36-month period | ||||||
10 | following installation of the system indicates that there has | ||||||
11 | been an increase in the rate of crashes at the approach to | ||||||
12 | school buses monitored by the system, the municipality or | ||||||
13 | county shall undertake additional studies to determine the | ||||||
14 | cause and severity of the crashes, and may take any action that | ||||||
15 | it determines is necessary or appropriate to reduce the number | ||||||
16 | or severity of the crashes involving school buses equipped | ||||||
17 | with an automated traffic law enforcement system. | ||||||
18 | (o) The compensation paid for an automated traffic law | ||||||
19 | enforcement system
must be based on the value of the equipment | ||||||
20 | or the services provided and may
not be based on the number of | ||||||
21 | traffic citations issued or the revenue generated
by the | ||||||
22 | system. | ||||||
23 | (o-1) No officer or employee of a municipality or county | ||||||
24 | shall knowingly accept employment or receive compensation or | ||||||
25 | fees for services from a contractor that provides automated | ||||||
26 | law enforcement system equipment or services to municipalities |
| |||||||
| |||||||
1 | or counties. No former officer or employee of a municipality | ||||||
2 | or county shall, within a period of 2 years immediately after | ||||||
3 | termination of municipal or county employment, knowingly | ||||||
4 | accept employment or receive compensation or fees for services | ||||||
5 | from a contractor that provides automated law enforcement | ||||||
6 | system equipment or services to municipalities or counties. | ||||||
7 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
8 | to a written lease agreement shall be liable for an automated | ||||||
9 | speed or traffic law enforcement system violation involving | ||||||
10 | such motor vehicle during the period of the lease; provided | ||||||
11 | that upon the request of the appropriate authority received | ||||||
12 | within 120 days after the violation occurred, the lessor | ||||||
13 | provides within 60 days after such receipt the name and | ||||||
14 | address of the lessee. | ||||||
15 | Upon the provision of information by the lessor pursuant | ||||||
16 | to this subsection, the county or municipality may issue the | ||||||
17 | violation to the lessee of the vehicle in the same manner as it | ||||||
18 | would issue a violation to a registered owner of a vehicle | ||||||
19 | pursuant to this Section, and the lessee may be held liable for | ||||||
20 | the violation. | ||||||
21 | (q) (Blank). | ||||||
22 | (r) After a municipality or county enacts an ordinance | ||||||
23 | providing for automated traffic law enforcement systems under | ||||||
24 | this Section, each school district within that municipality or | ||||||
25 | county's jurisdiction may implement an automated traffic law | ||||||
26 | enforcement system under this Section. The elected school |
| |||||||
| |||||||
1 | board for that district must approve the implementation of an | ||||||
2 | automated traffic law enforcement system. The school district | ||||||
3 | shall be responsible for entering into a contract, approved by | ||||||
4 | the elected school board of that district, with vendors for | ||||||
5 | the installation, maintenance, and operation of the automated | ||||||
6 | traffic law enforcement system. The school district must enter | ||||||
7 | into an intergovernmental agreement, approved by the elected | ||||||
8 | school board of that district, with the municipality or county | ||||||
9 | with jurisdiction over that school district for the | ||||||
10 | administration of the automated traffic law enforcement | ||||||
11 | system. The proceeds from a school district's automated | ||||||
12 | traffic law enforcement system's fines shall be divided | ||||||
13 | equally between the school district and the municipality or | ||||||
14 | county administering the automated traffic law enforcement | ||||||
15 | system.
| ||||||
16 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
17 | 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
| ||||||
18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other | ||||||
24 | Public Act.
| ||||||
25 | Section 99. Effective date. This Act takes effect January |
| |||||||
| |||||||
1 | 1, 2024.
|