Bill Text: IL SB3603 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that a municipality, county, or township may enact an ordinance providing for administrative and civil fines to enforce violations of provisions concerning fleeing or attempting to elude a peace officer or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. Makes corresponding changes.
Spectrum: Bipartisan Bill
Status: (Introduced) 2024-03-07 - Added as Chief Co-Sponsor Sen. Jason Plummer [SB3603 Detail]
Download: Illinois-2023-SB3603-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||
5 | changing Sections 11-208 and 11-208.3 as follows:
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6 | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) | |||||||||||||||||||||
7 | Sec. 11-208. Powers of local authorities. | |||||||||||||||||||||
8 | (a) The provisions of this Code shall not be deemed to | |||||||||||||||||||||
9 | prevent local authorities with respect to streets and highways | |||||||||||||||||||||
10 | under their jurisdiction and within the reasonable exercise of | |||||||||||||||||||||
11 | the police power from: | |||||||||||||||||||||
12 | 1. Regulating the standing or parking of vehicles, | |||||||||||||||||||||
13 | except as limited by Sections 11-1306 and 11-1307 of this | |||||||||||||||||||||
14 | Act; | |||||||||||||||||||||
15 | 2. Regulating traffic by means of police officers or | |||||||||||||||||||||
16 | traffic control signals; | |||||||||||||||||||||
17 | 3. Regulating or prohibiting processions or | |||||||||||||||||||||
18 | assemblages on the highways; and certifying persons to | |||||||||||||||||||||
19 | control traffic for processions or assemblages; | |||||||||||||||||||||
20 | 4. Designating particular highways as one-way highways | |||||||||||||||||||||
21 | and requiring that all vehicles thereon be moved in one | |||||||||||||||||||||
22 | specific direction; | |||||||||||||||||||||
23 | 5. Regulating the speed of vehicles in public parks |
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1 | subject to the limitations set forth in Section 11-604; | ||||||
2 | 6. Designating any highway as a through highway, as | ||||||
3 | authorized in Section 11-302, and requiring that all | ||||||
4 | vehicles stop before entering or crossing the same or | ||||||
5 | designating any intersection as a stop intersection or a | ||||||
6 | yield right-of-way intersection and requiring all vehicles | ||||||
7 | to stop or yield the right-of-way at one or more entrances | ||||||
8 | to such intersections; | ||||||
9 | 7. Restricting the use of highways as authorized in | ||||||
10 | Chapter 15; | ||||||
11 | 8. Regulating the operation of mobile carrying | ||||||
12 | devices, bicycles, low-speed electric bicycles, and | ||||||
13 | low-speed gas bicycles, and requiring the registration and | ||||||
14 | licensing of same, including the requirement of a | ||||||
15 | registration fee; | ||||||
16 | 9. Regulating or prohibiting the turning of vehicles | ||||||
17 | or specified types of vehicles at intersections; | ||||||
18 | 10. Altering the speed limits as authorized in Section | ||||||
19 | 11-604; | ||||||
20 | 11. Prohibiting U-turns; | ||||||
21 | 12. Prohibiting pedestrian crossings at other than | ||||||
22 | designated and marked crosswalks or at intersections; | ||||||
23 | 13. Prohibiting parking during snow removal operation; | ||||||
24 | 14. Imposing fines in accordance with Section | ||||||
25 | 11-1301.3 as penalties for use of any parking place | ||||||
26 | reserved for persons with disabilities, as defined by |
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1 | Section 1-159.1, or veterans with disabilities by any | ||||||
2 | person using a motor vehicle not bearing registration | ||||||
3 | plates specified in Section 11-1301.1 or a special decal | ||||||
4 | or device as defined in Section 11-1301.2 as evidence that | ||||||
5 | the vehicle is operated by or for a person with | ||||||
6 | disabilities or a veteran with a disability; | ||||||
7 | 15. Adopting such other traffic regulations as are | ||||||
8 | specifically authorized by this Code; or | ||||||
9 | 16. Enforcing the provisions of subsection (f) of | ||||||
10 | Section 3-413 of this Code or a similar local ordinance. | ||||||
11 | (b) No ordinance or regulation enacted under paragraph 1, | ||||||
12 | 4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be | ||||||
13 | effective until signs giving reasonable notice of such local | ||||||
14 | traffic regulations are posted. | ||||||
15 | (c) The provisions of this Code shall not prevent any | ||||||
16 | municipality having a population of 500,000 or more | ||||||
17 | inhabitants from prohibiting any person from driving or | ||||||
18 | operating any motor vehicle upon the roadways of such | ||||||
19 | municipality with headlamps on high beam or bright. | ||||||
20 | (d) The provisions of this Code shall not be deemed to | ||||||
21 | prevent local authorities within the reasonable exercise of | ||||||
22 | their police power from prohibiting, on private property, the | ||||||
23 | unauthorized use of parking spaces reserved for persons with | ||||||
24 | disabilities. | ||||||
25 | (e) No unit of local government, including a home rule | ||||||
26 | unit, may enact or enforce an ordinance that applies only to |
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1 | motorcycles if the principal purpose for that ordinance is to | ||||||
2 | restrict the access of motorcycles to any highway or portion | ||||||
3 | of a highway for which federal or State funds have been used | ||||||
4 | for the planning, design, construction, or maintenance of that | ||||||
5 | highway. No unit of local government, including a home rule | ||||||
6 | unit, may enact an ordinance requiring motorcycle users to | ||||||
7 | wear protective headgear. Nothing in this subsection (e) shall | ||||||
8 | affect the authority of a unit of local government to regulate | ||||||
9 | motorcycles for traffic control purposes or in accordance with | ||||||
10 | Section 12-602 of this Code. No unit of local government, | ||||||
11 | including a home rule unit, may regulate motorcycles in a | ||||||
12 | manner inconsistent with this Code. This subsection (e) is a | ||||||
13 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
14 | the Illinois Constitution on the concurrent exercise by home | ||||||
15 | rule units of powers and functions exercised by the State. | ||||||
16 | (e-5) The City of Chicago may enact an ordinance providing | ||||||
17 | for a noise monitoring system upon any portion of the roadway | ||||||
18 | known as Lake Shore Drive. Twelve months after the | ||||||
19 | installation of the noise monitoring system, and any time | ||||||
20 | after the first report as the City deems necessary, the City of | ||||||
21 | Chicago shall prepare a noise monitoring report with the data | ||||||
22 | collected from the system and shall, upon request, make the | ||||||
23 | report available to the public. For purposes of this | ||||||
24 | subsection (e-5), "noise monitoring system" means an automated | ||||||
25 | noise monitor capable of recording noise levels 24 hours per | ||||||
26 | day and 365 days per year with computer equipment sufficient |
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1 | to process the data. | ||||||
2 | (e-10) A unit of local government, including a home rule | ||||||
3 | unit, may not enact an ordinance prohibiting the use of | ||||||
4 | Automated Driving System equipped vehicles on its roadways. | ||||||
5 | Nothing in this subsection (e-10) shall affect the authority | ||||||
6 | of a unit of local government to regulate Automated Driving | ||||||
7 | System equipped vehicles for traffic control purposes. No unit | ||||||
8 | of local government, including a home rule unit, may regulate | ||||||
9 | Automated Driving System equipped vehicles in a manner | ||||||
10 | inconsistent with this Code. For purposes of this subsection | ||||||
11 | (e-10), "Automated Driving System equipped vehicle" means any | ||||||
12 | vehicle equipped with an Automated Driving System of hardware | ||||||
13 | and software that are collectively capable of performing the | ||||||
14 | entire dynamic driving task on a sustained basis, regardless | ||||||
15 | of whether it is limited to a specific operational domain. | ||||||
16 | This subsection (e-10) is a limitation under subsection (i) of | ||||||
17 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
18 | concurrent exercise by home rule units of powers and functions | ||||||
19 | exercised by the State. | ||||||
20 | (f) A municipality or county designated in Section | ||||||
21 | 11-208.6 may enact an ordinance providing for an automated | ||||||
22 | traffic law enforcement system to enforce violations of this | ||||||
23 | Code or a similar provision of a local ordinance and imposing | ||||||
24 | liability on a registered owner or lessee of a vehicle used in | ||||||
25 | such a violation. | ||||||
26 | (g) A municipality or county, as provided in Section |
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1 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
2 | traffic law enforcement system to enforce violations of | ||||||
3 | Section 11-1201 of this Code or a similar provision of a local | ||||||
4 | ordinance and imposing liability on a registered owner of a | ||||||
5 | vehicle used in such a violation. | ||||||
6 | (h) A municipality designated in Section 11-208.8 may | ||||||
7 | enact an ordinance providing for an automated speed | ||||||
8 | enforcement system to enforce violations of Article VI of | ||||||
9 | Chapter 11 of this Code or a similar provision of a local | ||||||
10 | ordinance. | ||||||
11 | (i) A municipality or county designated in Section | ||||||
12 | 11-208.9 may enact an ordinance providing for an automated | ||||||
13 | traffic law enforcement system to enforce violations of | ||||||
14 | Section 11-1414 of this Code or a similar provision of a local | ||||||
15 | ordinance and imposing liability on a registered owner or | ||||||
16 | lessee of a vehicle used in such a violation. | ||||||
17 | (j) A municipality, county, or township may enact an | ||||||
18 | ordinance providing for administrative and civil fines to | ||||||
19 | enforce violations of Section 11-204 of the Illinois Vehicle | ||||||
20 | Code or a similar provision of a local ordinance and imposing | ||||||
21 | liability on a registered owner or lessee of a vehicle used in | ||||||
22 | such a violation. | ||||||
23 | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | ||||||
24 | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | ||||||
25 | 7-26-19.)
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1 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) | ||||||
2 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
3 | of traffic regulations concerning the standing, parking, or | ||||||
4 | condition of vehicles, automated traffic law violations, and | ||||||
5 | automated speed enforcement system violations , and other | ||||||
6 | violations of the Illinois Vehicle Code . | ||||||
7 | (a) Any municipality , or county , or township may provide | ||||||
8 | by ordinance for a system of administrative adjudication of | ||||||
9 | vehicular standing and parking violations and vehicle | ||||||
10 | compliance violations as described in this subsection, | ||||||
11 | automated traffic law violations as defined in Section | ||||||
12 | 11-208.6, 11-208.9, or 11-1201.1, and automated speed | ||||||
13 | enforcement system violations as defined in Section 11-208.8 | ||||||
14 | and violations of Section 11-204 of the Illinois Vehicle Code | ||||||
15 | or a similar provision of a local ordinance . The | ||||||
16 | administrative system shall have as its purpose the fair and | ||||||
17 | efficient enforcement of municipal , or county , or township | ||||||
18 | regulations through the administrative adjudication of | ||||||
19 | automated speed enforcement system or automated traffic law | ||||||
20 | violations and violations of municipal , or county , or township | ||||||
21 | ordinances regulating the standing and parking of vehicles, | ||||||
22 | the condition and use of vehicle equipment, and the display of | ||||||
23 | municipal or county wheel tax licenses within the | ||||||
24 | municipality's or county's borders , and other violations of | ||||||
25 | the Illinois Vehicle Code . The administrative system shall | ||||||
26 | only have authority to adjudicate civil offenses carrying |
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1 | fines not in excess of $500 or requiring the completion of a | ||||||
2 | traffic education program, or both, that occur after the | ||||||
3 | effective date of the ordinance adopting such a system under | ||||||
4 | this Section. For purposes of this Section, "compliance | ||||||
5 | violation" means a violation of a municipal or county | ||||||
6 | regulation governing the condition or use of equipment on a | ||||||
7 | vehicle or governing the display of a municipal or county | ||||||
8 | wheel tax license. | ||||||
9 | (b) Any ordinance establishing a system of administrative | ||||||
10 | adjudication under this Section shall provide for: | ||||||
11 | (1) A traffic compliance administrator authorized to | ||||||
12 | adopt, distribute, and process parking, compliance, and | ||||||
13 | automated speed enforcement system or automated traffic | ||||||
14 | law violation notices and other notices required by this | ||||||
15 | Section, collect money paid as fines and penalties for | ||||||
16 | violation of parking and compliance ordinances , and | ||||||
17 | automated speed enforcement system or automated traffic | ||||||
18 | law violations, and other violations of the Illinois | ||||||
19 | Vehicle Code and operate an administrative adjudication | ||||||
20 | system. | ||||||
21 | (2) A parking, standing, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law , or other | ||||||
23 | violation notice that shall specify or include the date, | ||||||
24 | time, and place of violation of a parking, standing, | ||||||
25 | compliance, automated speed enforcement system, or | ||||||
26 | automated traffic law regulation , or other violation ; the |
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1 | particular regulation violated; any requirement to | ||||||
2 | complete a traffic education program; the fine and any | ||||||
3 | penalty that may be assessed for late payment or failure | ||||||
4 | to complete a required traffic education program, or both, | ||||||
5 | when so provided by ordinance; the vehicle make or a | ||||||
6 | photograph of the vehicle; the state registration number | ||||||
7 | of the vehicle; and the identification number of the | ||||||
8 | person issuing the notice. With regard to automated speed | ||||||
9 | enforcement system or automated traffic law violations, | ||||||
10 | vehicle make shall be specified on the automated speed | ||||||
11 | enforcement system or automated traffic law violation | ||||||
12 | notice if the notice does not include a photograph of the | ||||||
13 | vehicle and the make is available and readily discernible. | ||||||
14 | With regard to municipalities or counties with a | ||||||
15 | population of 1 million or more, it shall be grounds for | ||||||
16 | dismissal of a parking violation if the state registration | ||||||
17 | number or vehicle make specified is incorrect. The | ||||||
18 | violation notice shall state that the completion of any | ||||||
19 | required traffic education program, the payment of any | ||||||
20 | indicated fine, and the payment of any applicable penalty | ||||||
21 | for late payment or failure to complete a required traffic | ||||||
22 | education program, or both, shall operate as a final | ||||||
23 | disposition of the violation. The notice also shall | ||||||
24 | contain information as to the availability of a hearing in | ||||||
25 | which the violation may be contested on its merits. The | ||||||
26 | violation notice shall specify the time and manner in |
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1 | which a hearing may be had. | ||||||
2 | (3) Service of a parking, standing, or compliance , or | ||||||
3 | other violation notice by: (i) affixing the original or a | ||||||
4 | facsimile of the notice to an unlawfully parked or | ||||||
5 | standing vehicle; (ii) handing the notice to the operator | ||||||
6 | of a vehicle if he or she is present; or (iii) mailing the | ||||||
7 | notice to the address of the registered owner or lessee of | ||||||
8 | the cited vehicle as recorded with the Secretary of State | ||||||
9 | or the lessor of the motor vehicle within 30 days after the | ||||||
10 | Secretary of State or the lessor of the motor vehicle | ||||||
11 | notifies the municipality , or county , or township of the | ||||||
12 | identity of the owner or lessee of the vehicle, but not | ||||||
13 | later than 90 days after the date of the violation, except | ||||||
14 | that in the case of a lessee of a motor vehicle, service of | ||||||
15 | a parking, standing, or compliance violation notice may | ||||||
16 | occur no later than 210 days after the violation; and | ||||||
17 | service of an automated speed enforcement system or | ||||||
18 | automated traffic law violation notice by mail to the | ||||||
19 | address of the registered owner or lessee of the cited | ||||||
20 | vehicle as recorded with the Secretary of State or the | ||||||
21 | lessor of the motor vehicle within 30 days after the | ||||||
22 | Secretary of State or the lessor of the motor vehicle | ||||||
23 | notifies the municipality , or county , or township of the | ||||||
24 | identity of the owner or lessee of the vehicle, but not | ||||||
25 | later than 90 days after the violation, except that in the | ||||||
26 | case of a lessee of a motor vehicle, service of an |
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1 | automated traffic law violation notice may occur no later | ||||||
2 | than 210 days after the violation. A person authorized by | ||||||
3 | ordinance to issue and serve parking, standing, and | ||||||
4 | compliance , or other violation notices shall certify as to | ||||||
5 | the correctness of the facts entered on the violation | ||||||
6 | notice by signing his or her name to the notice at the time | ||||||
7 | of service or, in the case of a notice produced by a | ||||||
8 | computerized device, by signing a single certificate to be | ||||||
9 | kept by the traffic compliance administrator attesting to | ||||||
10 | the correctness of all notices produced by the device | ||||||
11 | while it was under his or her control. In the case of an | ||||||
12 | automated traffic law violation, the ordinance shall | ||||||
13 | require a determination by a technician employed or | ||||||
14 | contracted by the municipality or county that, based on | ||||||
15 | inspection of recorded images, the motor vehicle was being | ||||||
16 | operated in violation of Section 11-208.6, 11-208.9, or | ||||||
17 | 11-1201.1 or a local ordinance. If the technician | ||||||
18 | determines that the vehicle entered the intersection as | ||||||
19 | part of a funeral procession or in order to yield the | ||||||
20 | right-of-way to an emergency vehicle, a citation shall not | ||||||
21 | be issued. In municipalities with a population of less | ||||||
22 | than 1,000,000 inhabitants and counties with a population | ||||||
23 | of less than 3,000,000 inhabitants, the automated traffic | ||||||
24 | law ordinance shall require that all determinations by a | ||||||
25 | technician that a motor vehicle was being operated in | ||||||
26 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a |
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1 | local ordinance must be reviewed and approved by a law | ||||||
2 | enforcement officer or retired law enforcement officer of | ||||||
3 | the municipality or county issuing the violation. In | ||||||
4 | municipalities with a population of 1,000,000 or more | ||||||
5 | inhabitants and counties with a population of 3,000,000 or | ||||||
6 | more inhabitants, the automated traffic law ordinance | ||||||
7 | shall require that all determinations by a technician that | ||||||
8 | a motor vehicle was being operated in violation of Section | ||||||
9 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
10 | be reviewed and approved by a law enforcement officer or | ||||||
11 | retired law enforcement officer of the municipality or | ||||||
12 | county issuing the violation or by an additional fully | ||||||
13 | trained reviewing technician who is not employed by the | ||||||
14 | contractor who employs the technician who made the initial | ||||||
15 | determination. In the case of an automated speed | ||||||
16 | enforcement system violation, the ordinance shall require | ||||||
17 | a determination by a technician employed by the | ||||||
18 | municipality, based upon an inspection of recorded images, | ||||||
19 | video or other documentation, including documentation of | ||||||
20 | the speed limit and automated speed enforcement signage, | ||||||
21 | and documentation of the inspection, calibration, and | ||||||
22 | certification of the speed equipment, that the vehicle was | ||||||
23 | being operated in violation of Article VI of Chapter 11 of | ||||||
24 | this Code or a similar local ordinance. If the technician | ||||||
25 | determines that the vehicle speed was not determined by a | ||||||
26 | calibrated, certified speed equipment device based upon |
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1 | the speed equipment documentation, or if the vehicle was | ||||||
2 | an emergency vehicle, a citation may not be issued. The | ||||||
3 | automated speed enforcement ordinance shall require that | ||||||
4 | all determinations by a technician that a violation | ||||||
5 | occurred be reviewed and approved by a law enforcement | ||||||
6 | officer or retired law enforcement officer of the | ||||||
7 | municipality issuing the violation or by an additional | ||||||
8 | fully trained reviewing technician who is not employed by | ||||||
9 | the contractor who employs the technician who made the | ||||||
10 | initial determination. Routine and independent calibration | ||||||
11 | of the speeds produced by automated speed enforcement | ||||||
12 | systems and equipment shall be conducted annually by a | ||||||
13 | qualified technician. Speeds produced by an automated | ||||||
14 | speed enforcement system shall be compared with speeds | ||||||
15 | produced by lidar or other independent equipment. Radar or | ||||||
16 | lidar equipment shall undergo an internal validation test | ||||||
17 | no less frequently than once each week. Qualified | ||||||
18 | technicians shall test loop-based equipment no less | ||||||
19 | frequently than once a year. Radar equipment shall be | ||||||
20 | checked for accuracy by a qualified technician when the | ||||||
21 | unit is serviced, when unusual or suspect readings | ||||||
22 | persist, or when deemed necessary by a reviewing | ||||||
23 | technician. Radar equipment shall be checked with the | ||||||
24 | internal frequency generator and the internal circuit test | ||||||
25 | whenever the radar is turned on. Technicians must be alert | ||||||
26 | for any unusual or suspect readings, and if unusual or |
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1 | suspect readings of a radar unit persist, that unit shall | ||||||
2 | immediately be removed from service and not returned to | ||||||
3 | service until it has been checked by a qualified | ||||||
4 | technician and determined to be functioning properly. | ||||||
5 | Documentation of the annual calibration results, including | ||||||
6 | the equipment tested, test date, technician performing the | ||||||
7 | test, and test results, shall be maintained and available | ||||||
8 | for use in the determination of an automated speed | ||||||
9 | enforcement system violation and issuance of a citation. | ||||||
10 | The technician performing the calibration and testing of | ||||||
11 | the automated speed enforcement equipment shall be trained | ||||||
12 | and certified in the use of equipment for speed | ||||||
13 | enforcement purposes. Training on the speed enforcement | ||||||
14 | equipment may be conducted by law enforcement, civilian, | ||||||
15 | or manufacturer's personnel and if applicable may be | ||||||
16 | equivalent to the equipment use and operations training | ||||||
17 | included in the Speed Measuring Device Operator Program | ||||||
18 | developed by the National Highway Traffic Safety | ||||||
19 | Administration (NHTSA). The vendor or technician who | ||||||
20 | performs the work shall keep accurate records on each | ||||||
21 | piece of equipment the technician calibrates and tests. As | ||||||
22 | used in this paragraph, "fully trained reviewing | ||||||
23 | technician" means a person who has received at least 40 | ||||||
24 | hours of supervised training in subjects which shall | ||||||
25 | include image inspection and interpretation, the elements | ||||||
26 | necessary to prove a violation, license plate |
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1 | identification, and traffic safety and management. In all | ||||||
2 | municipalities and counties, the automated speed | ||||||
3 | enforcement system or automated traffic law ordinance | ||||||
4 | shall require that no additional fee shall be charged to | ||||||
5 | the alleged violator for exercising his or her right to an | ||||||
6 | administrative hearing, and persons shall be given at | ||||||
7 | least 25 days following an administrative hearing to pay | ||||||
8 | any civil penalty imposed by a finding that Section | ||||||
9 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
10 | local ordinance has been violated. The original or a | ||||||
11 | facsimile of the violation notice or, in the case of a | ||||||
12 | notice produced by a computerized device, a printed record | ||||||
13 | generated by the device showing the facts entered on the | ||||||
14 | notice, shall be retained by the traffic compliance | ||||||
15 | administrator, and shall be a record kept in the ordinary | ||||||
16 | course of business. A parking, standing, compliance, | ||||||
17 | automated speed enforcement system, or automated traffic | ||||||
18 | law , or other violation notice issued, signed, and served | ||||||
19 | in accordance with this Section, a copy of the notice, or | ||||||
20 | the computer-generated record shall be prima facie correct | ||||||
21 | and shall be prima facie evidence of the correctness of | ||||||
22 | the facts shown on the notice. The notice, copy, or | ||||||
23 | computer-generated record shall be admissible in any | ||||||
24 | subsequent administrative or legal proceedings. | ||||||
25 | (4) An opportunity for a hearing for the registered | ||||||
26 | owner of the vehicle cited in the parking, standing, |
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1 | compliance, automated speed enforcement system, or | ||||||
2 | automated traffic law , or other violation notice in which | ||||||
3 | the owner may contest the merits of the alleged violation, | ||||||
4 | and during which formal or technical rules of evidence | ||||||
5 | shall not apply; provided, however, that under Section | ||||||
6 | 11-1306 of this Code the lessee of a vehicle cited in the | ||||||
7 | violation notice likewise shall be provided an opportunity | ||||||
8 | for a hearing of the same kind afforded the registered | ||||||
9 | owner. The hearings shall be recorded, and the person | ||||||
10 | conducting the hearing on behalf of the traffic compliance | ||||||
11 | administrator shall be empowered to administer oaths and | ||||||
12 | to secure by subpoena both the attendance and testimony of | ||||||
13 | witnesses and the production of relevant books and papers. | ||||||
14 | Persons appearing at a hearing under this Section may be | ||||||
15 | represented by counsel at their expense. The ordinance may | ||||||
16 | also provide for internal administrative review following | ||||||
17 | the decision of the hearing officer. | ||||||
18 | (5) Service of additional notices, sent by first class | ||||||
19 | United States mail, postage prepaid, to the address of the | ||||||
20 | registered owner of the cited vehicle as recorded with the | ||||||
21 | Secretary of State or, if any notice to that address is | ||||||
22 | returned as undeliverable, to the last known address | ||||||
23 | recorded in a United States Post Office approved database, | ||||||
24 | or, under Section 11-1306 or subsection (p) of Section | ||||||
25 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
26 | 11-208.8 of this Code, to the lessee of the cited vehicle |
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1 | at the last address known to the lessor of the cited | ||||||
2 | vehicle at the time of lease or, if any notice to that | ||||||
3 | address is returned as undeliverable, to the last known | ||||||
4 | address recorded in a United States Post Office approved | ||||||
5 | database. The service shall be deemed complete as of the | ||||||
6 | date of deposit in the United States mail. The notices | ||||||
7 | shall be in the following sequence and shall include, but | ||||||
8 | not be limited to, the information specified herein: | ||||||
9 | (i) A second notice of parking, standing, or | ||||||
10 | compliance , or other violation if the first notice of | ||||||
11 | the violation was issued by affixing the original or a | ||||||
12 | facsimile of the notice to the unlawfully parked | ||||||
13 | vehicle or by handing the notice to the operator. This | ||||||
14 | notice shall specify or include the date and location | ||||||
15 | of the violation cited in the parking, standing, or | ||||||
16 | compliance , or other violation notice, the particular | ||||||
17 | regulation violated, the vehicle make or a photograph | ||||||
18 | of the vehicle, the state registration number of the | ||||||
19 | vehicle, any requirement to complete a traffic | ||||||
20 | education program, the fine and any penalty that may | ||||||
21 | be assessed for late payment or failure to complete a | ||||||
22 | traffic education program, or both, when so provided | ||||||
23 | by ordinance, the availability of a hearing in which | ||||||
24 | the violation may be contested on its merits, and the | ||||||
25 | time and manner in which the hearing may be had. The | ||||||
26 | notice of violation shall also state that failure to |
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1 | complete a required traffic education program, to pay | ||||||
2 | the indicated fine and any applicable penalty, or to | ||||||
3 | appear at a hearing on the merits in the time and | ||||||
4 | manner specified, will result in a final determination | ||||||
5 | of violation liability for the cited violation in the | ||||||
6 | amount of the fine or penalty indicated, and that, | ||||||
7 | upon the occurrence of a final determination of | ||||||
8 | violation liability for the failure, and the | ||||||
9 | exhaustion of, or failure to exhaust, available | ||||||
10 | administrative or judicial procedures for review, any | ||||||
11 | incomplete traffic education program or any unpaid | ||||||
12 | fine or penalty, or both, will constitute a debt due | ||||||
13 | and owing the municipality or county. | ||||||
14 | (ii) A notice of final determination of parking, | ||||||
15 | standing, compliance, automated speed enforcement | ||||||
16 | system, or automated traffic law , or other violation | ||||||
17 | liability. This notice shall be sent following a final | ||||||
18 | determination of parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated | ||||||
20 | traffic law , or other violation liability and the | ||||||
21 | conclusion of judicial review procedures taken under | ||||||
22 | this Section. The notice shall state that the | ||||||
23 | incomplete traffic education program or the unpaid | ||||||
24 | fine or penalty, or both, is a debt due and owing the | ||||||
25 | municipality , or county , or township . The notice shall | ||||||
26 | contain warnings that failure to complete any required |
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1 | traffic education program or to pay any fine or | ||||||
2 | penalty due and owing the municipality , or county, or | ||||||
3 | township or both, within the time specified may result | ||||||
4 | in the municipality's, county's, or township's | ||||||
5 | municipality's or county's filing of a petition in the | ||||||
6 | Circuit Court to have the incomplete traffic education | ||||||
7 | program or unpaid fine or penalty, or both, rendered a | ||||||
8 | judgment as provided by this Section, or, where | ||||||
9 | applicable, may result in suspension of the person's | ||||||
10 | driver's license for failure to complete a traffic | ||||||
11 | education program. | ||||||
12 | (6) A notice of impending driver's license suspension. | ||||||
13 | This notice shall be sent to the person liable for failure | ||||||
14 | to complete a required traffic education program. The | ||||||
15 | notice shall state that failure to complete a required | ||||||
16 | traffic education program within 45 days of the notice's | ||||||
17 | date will result in the municipality , or county , or | ||||||
18 | township notifying the Secretary of State that the person | ||||||
19 | is eligible for initiation of suspension proceedings under | ||||||
20 | Section 6-306.5 of this Code. The notice shall also state | ||||||
21 | that the person may obtain a photostatic copy of an | ||||||
22 | original ticket imposing a fine or penalty by sending a | ||||||
23 | self-addressed, stamped envelope to the municipality , or | ||||||
24 | county , or township along with a request for the | ||||||
25 | photostatic copy. The notice of impending driver's license | ||||||
26 | suspension shall be sent by first class United States |
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1 | mail, postage prepaid, to the address recorded with the | ||||||
2 | Secretary of State or, if any notice to that address is | ||||||
3 | returned as undeliverable, to the last known address | ||||||
4 | recorded in a United States Post Office approved database. | ||||||
5 | (7) Final determinations of violation liability. A | ||||||
6 | final determination of violation liability shall occur | ||||||
7 | following failure to complete the required traffic | ||||||
8 | education program or to pay the fine or penalty, or both, | ||||||
9 | after a hearing officer's determination of violation | ||||||
10 | liability and the exhaustion of or failure to exhaust any | ||||||
11 | administrative review procedures provided by ordinance. | ||||||
12 | Where a person fails to appear at a hearing to contest the | ||||||
13 | alleged violation in the time and manner specified in a | ||||||
14 | prior mailed notice, the hearing officer's determination | ||||||
15 | of violation liability shall become final: (A) upon denial | ||||||
16 | of a timely petition to set aside that determination, or | ||||||
17 | (B) upon expiration of the period for filing the petition | ||||||
18 | without a filing having been made. | ||||||
19 | (8) A petition to set aside a determination of | ||||||
20 | parking, standing, compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law , or other violation | ||||||
22 | liability that may be filed by a person owing an unpaid | ||||||
23 | fine or penalty. A petition to set aside a determination | ||||||
24 | of liability may also be filed by a person required to | ||||||
25 | complete a traffic education program. The petition shall | ||||||
26 | be filed with and ruled upon by the traffic compliance |
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1 | administrator in the manner and within the time specified | ||||||
2 | by ordinance. The grounds for the petition may be limited | ||||||
3 | to: (A) the person not having been the owner or lessee of | ||||||
4 | the cited vehicle on the date the violation notice was | ||||||
5 | issued, (B) the person having already completed the | ||||||
6 | required traffic education program or paid the fine or | ||||||
7 | penalty, or both, for the violation in question, and (C) | ||||||
8 | excusable failure to appear at or request a new date for a | ||||||
9 | hearing. With regard to municipalities or counties with a | ||||||
10 | population of 1 million or more, it shall be grounds for | ||||||
11 | dismissal of a parking violation if the state registration | ||||||
12 | number or vehicle make, only if specified in the violation | ||||||
13 | notice, is incorrect. After the determination of parking, | ||||||
14 | standing, compliance, automated speed enforcement system, | ||||||
15 | or automated traffic law , or other violation liability has | ||||||
16 | been set aside upon a showing of just cause, the | ||||||
17 | registered owner shall be provided with a hearing on the | ||||||
18 | merits for that violation. | ||||||
19 | (9) Procedures for non-residents. Procedures by which | ||||||
20 | persons who are not residents of the municipality , or | ||||||
21 | county , or township may contest the merits of the alleged | ||||||
22 | violation without attending a hearing. | ||||||
23 | (10) A schedule of civil fines for violations of | ||||||
24 | vehicular standing, parking, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law , or other | ||||||
26 | regulations enacted by ordinance pursuant to this Section, |
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| |||||||
1 | and a schedule of penalties for late payment of the fines | ||||||
2 | or failure to complete required traffic education | ||||||
3 | programs, provided, however, that the total amount of the | ||||||
4 | fine and penalty for any one violation shall not exceed | ||||||
5 | $250, except as to violations of an ordinance relating to | ||||||
6 | Section 11-204 of the Illinois Vehicle Code, which shall | ||||||
7 | not exceed $500, and except as provided in subsection (c) | ||||||
8 | of Section 11-1301.3 of this Code. | ||||||
9 | (11) Other provisions as are necessary and proper to | ||||||
10 | carry into effect the powers granted and purposes stated | ||||||
11 | in this Section. | ||||||
12 | (b-5) An automated speed enforcement system or automated | ||||||
13 | traffic law ordinance adopted under this Section by a | ||||||
14 | municipality or county shall require that the determination to | ||||||
15 | issue a citation be vested solely with the municipality or | ||||||
16 | county and that such authority may not be delegated to any | ||||||
17 | vendor retained by the municipality or county. Any contract or | ||||||
18 | agreement violating such a provision in the ordinance is null | ||||||
19 | and void. | ||||||
20 | (c) Any municipality , or county , or township establishing | ||||||
21 | vehicular standing, parking, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law , or other | ||||||
23 | regulations under this Section may also provide by ordinance | ||||||
24 | for a program of vehicle immobilization for the purpose of | ||||||
25 | facilitating enforcement of those regulations. The program of | ||||||
26 | vehicle immobilization shall provide for immobilizing any |
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| |||||||
1 | eligible vehicle upon the public way by presence of a | ||||||
2 | restraint in a manner to prevent operation of the vehicle. Any | ||||||
3 | ordinance establishing a program of vehicle immobilization | ||||||
4 | under this Section shall provide: | ||||||
5 | (1) Criteria for the designation of vehicles eligible | ||||||
6 | for immobilization. A vehicle shall be eligible for | ||||||
7 | immobilization when the registered owner of the vehicle | ||||||
8 | has accumulated the number of incomplete traffic education | ||||||
9 | programs or unpaid final determinations of parking, | ||||||
10 | standing, compliance, automated speed enforcement system, | ||||||
11 | or automated traffic law , or other violation liability, or | ||||||
12 | both, as determined by ordinance. | ||||||
13 | (2) A notice of impending vehicle immobilization and a | ||||||
14 | right to a hearing to challenge the validity of the notice | ||||||
15 | by disproving liability for the incomplete traffic | ||||||
16 | education programs or unpaid final determinations of | ||||||
17 | parking, standing, compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law , or other violation | ||||||
19 | liability, or both, listed on the notice. | ||||||
20 | (3) The right to a prompt hearing after a vehicle has | ||||||
21 | been immobilized or subsequently towed without the | ||||||
22 | completion of the required traffic education program or | ||||||
23 | payment of the outstanding fines and penalties on parking, | ||||||
24 | standing, compliance, automated speed enforcement system, | ||||||
25 | or automated traffic law , or other violations, or both, | ||||||
26 | for which final determinations have been issued. An order |
| |||||||
| |||||||
1 | issued after the hearing is a final administrative | ||||||
2 | decision within the meaning of Section 3-101 of the Code | ||||||
3 | of Civil Procedure. | ||||||
4 | (4) A post immobilization and post-towing notice | ||||||
5 | advising the registered owner of the vehicle of the right | ||||||
6 | to a hearing to challenge the validity of the impoundment. | ||||||
7 | (d) Judicial review of final determinations of parking, | ||||||
8 | standing, compliance, automated speed enforcement system, or | ||||||
9 | automated traffic law , or other violations and final | ||||||
10 | administrative decisions issued after hearings regarding | ||||||
11 | vehicle immobilization and impoundment made under this Section | ||||||
12 | shall be subject to the provisions of the Administrative | ||||||
13 | Review Law. | ||||||
14 | (e) Any fine, penalty, incomplete traffic education | ||||||
15 | program, or part of any fine or any penalty remaining unpaid | ||||||
16 | after the exhaustion of, or the failure to exhaust, | ||||||
17 | administrative remedies created under this Section and the | ||||||
18 | conclusion of any judicial review procedures shall be a debt | ||||||
19 | due and owing the municipality , or county , or township and, as | ||||||
20 | such, may be collected in accordance with applicable law. | ||||||
21 | Completion of any required traffic education program and | ||||||
22 | payment in full of any fine or penalty resulting from a | ||||||
23 | standing, parking, compliance, automated speed enforcement | ||||||
24 | system, or automated traffic law , or other violation shall | ||||||
25 | constitute a final disposition of that violation. | ||||||
26 | (f) After the expiration of the period within which |
| |||||||
| |||||||
1 | judicial review may be sought for a final determination of | ||||||
2 | parking, standing, compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law , or other violation, the | ||||||
4 | municipality , or county , or township may commence a proceeding | ||||||
5 | in the Circuit Court for purposes of obtaining a judgment on | ||||||
6 | the final determination of violation. Nothing in this Section | ||||||
7 | shall prevent a municipality , or county | ||||||
, or township from | |||||||
8 | consolidating multiple final determinations of parking, | ||||||
9 | standing, compliance, automated speed enforcement system, or | ||||||
10 | automated traffic law , or other violations against a person in | ||||||
11 | a proceeding. Upon commencement of the action, the | ||||||
12 | municipality , or county , or township shall file a certified | ||||||
13 | copy or record of the final determination of parking, | ||||||
14 | standing, compliance, automated speed enforcement system, or | ||||||
15 | automated traffic law , or other violation, which shall be | ||||||
16 | accompanied by a certification that recites facts sufficient | ||||||
17 | to show that the final determination of violation was issued | ||||||
18 | in accordance with this Section and the applicable municipal , | ||||||
19 | or county , or township ordinance. Service of the summons and a | ||||||
20 | copy of the petition may be by any method provided by Section | ||||||
21 | 2-203 of the Code of Civil Procedure or by certified mail, | ||||||
22 | return receipt requested, provided that the total amount of | ||||||
23 | fines and penalties for final determinations of parking, | ||||||
24 | standing, compliance, automated speed enforcement system, or | ||||||
25 | automated traffic law , or other violations does not exceed | ||||||
26 | $2500. If the court is satisfied that the final determination |
| |||||||
| |||||||
1 | of parking, standing, compliance, automated speed enforcement | ||||||
2 | system, or automated traffic law , or other violation was | ||||||
3 | entered in accordance with the requirements of this Section | ||||||
4 | and the applicable municipal , or county , or township | ||||||
5 | ordinance, and that the registered owner or the lessee, as the | ||||||
6 | case may be, had an opportunity for an administrative hearing | ||||||
7 | and for judicial review as provided in this Section, the court | ||||||
8 | shall render judgment in favor of the municipality , or county , | ||||||
9 | or township and against the registered owner or the lessee for | ||||||
10 | the amount indicated in the final determination of parking, | ||||||
11 | standing, compliance, automated speed enforcement system, or | ||||||
12 | automated traffic law , or other violation, plus costs. The | ||||||
13 | judgment shall have the same effect and may be enforced in the | ||||||
14 | same manner as other judgments for the recovery of money. | ||||||
15 | (g) The fee for participating in a traffic education | ||||||
16 | program under this Section shall not exceed $25. | ||||||
17 | A low-income individual required to complete a traffic | ||||||
18 | education program under this Section who provides proof of | ||||||
19 | eligibility for the federal earned income tax credit under | ||||||
20 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
21 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
22 | Act shall not be required to pay any fee for participating in a | ||||||
23 | required traffic education program. | ||||||
24 | (h) Notwithstanding any other provision of law to the | ||||||
25 | contrary, a person shall not be liable for violations, fees, | ||||||
26 | fines, or penalties under this Section during the period in |
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