Illinois-2023-SB2272-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2272

Introduced 2/10/2023, by Sen. Omar Aquino

SYNOPSIS AS INTRODUCED:

`10 ILCS 5/9-50 new`
`625 ILCS 5/11-208.3`	`from Ch. 95 1/2, par. 11-208.3`
`625 ILCS 5/11-208.6`
`625 ILCS 5/11-208.8`
`625 ILCS 5/11-208.9`

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.

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A BILL FOR

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1 AN ACT concerning transportation.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Election Code is amended by adding Section

5 9-50 as follows:

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.

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:

5 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)

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.

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

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.

10 (b) Any ordinance establishing a system of administrative

11 adjudication under this Section shall provide for:

12 (1) A traffic compliance administrator authorized to

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

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.

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

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

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

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

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

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

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

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

23 subsequent administrative or legal proceedings.

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

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

15 also provide for internal administrative review following

16 the decision of the hearing officer.

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,

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:

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

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.

13 (ii) A notice of final determination of parking,

14 standing, compliance, automated speed enforcement

15 system, or automated traffic law violation liability.

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.

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

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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

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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

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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.

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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

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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

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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)

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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

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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

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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;

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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

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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

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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.

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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 systemand

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

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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

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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

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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

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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

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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

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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

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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;

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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

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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.

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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

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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 systemand

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

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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

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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

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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

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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

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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.

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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

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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

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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

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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;

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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

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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

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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

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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

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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.

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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

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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:

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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

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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

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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

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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

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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

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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

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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

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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,

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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.

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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

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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.

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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.

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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

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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

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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

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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

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1 1, 2024.