Rep. Barbara Flynn Currie

Filed: 11/9/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1865

2    AMENDMENT NO. ______. Amend Senate Bill 1865, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. If and only if Senate Bill 965 of the 97th
6General Assembly becomes law in the form in which it passed the
7Senate, the Illinois Vehicle Code is amended by changing
8Section 11-208.8 as follows:
 
9    (625 ILCS 5/11-208.8)
10    Sec. 11-208.8. Automated speed enforcement systems in
11safety zones.
12    (a) As used in this Section:
13    "Automated speed enforcement system" means a photographic
14device, radar device, laser device, or other electrical or
15mechanical device or devices installed or utilized in a safety
16zone and designed to record the speed of a vehicle and obtain a

 

 

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1clear photograph or other recorded image of the vehicle and the
2vehicle's registration plate while the driver is violating
3Article VI of Chapter 11 of this Code or a similar provision of
4a local ordinance.
5    An automated speed enforcement system is a system, located
6in a safety zone which is under the jurisdiction of a
7municipality, that produces a recorded image of a motor
8vehicle's violation of a provision of this Code or a local
9ordinance and is designed to obtain a clear recorded image of
10the vehicle and the vehicle's license plate. The recorded image
11must also display the time, date, and location of the
12violation.
13    "Owner" means the person or entity to whom the vehicle is
14registered.
15    "Recorded image" means images recorded by an automated
16speed enforcement system 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, on
21    at least one image or portion of the recording, clearly
22    identifying the registration plate number of the motor
23    vehicle.
24    "Safety zone" means an area that is within one-eighth of a
25mile from the nearest property line of any public or private
26elementary or secondary school, or from the nearest property

 

 

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1line of any facility, area, or land owned by a school district
2that is used for educational purposes approved by the Illinois
3State Board of Education, not including school district
4headquarters or administrative buildings. A safety zone also
5includes an area that is within one-eighth of a mile from the
6nearest property line of any facility, area, or land owned by a
7park district used for recreational purposes. However, if any
8portion of a roadway is within either one-eighth mile radius,
9the safety zone also shall include the roadway extended to the
10furthest portion of the next furthest intersection. The term
11"safety zone" does not include any portion of the roadway known
12as Lake Shore Drive or any controlled access highway with 8 or
13more lanes of traffic.
14    (a-5) The automated speed enforcement system shall be
15operational and violations shall be recorded only at the
16following times:
17        (i) if the safety zone is based upon the property line
18    of any facility, area, or land owned by a school district,
19    only on school days and no earlier than 6 a.m. and no later
20    than 8:30pm if the school day is during the period of
21    Monday through Thursday, or 9 p.m. if the school day is a
22    Friday; 10 p.m.; and
23        (ii) if the safety zone is based upon the property line
24    of any facility, area, or land owned by a park district, no
25    earlier than one hour prior to the time that the facility,
26    area, or land is open to the public or other patrons, and

 

 

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1    no later than one hour after the facility, area, or land is
2    closed to the public or other patrons.
3    (b) A municipality that produces a recorded image of a
4motor vehicle's violation of a provision of this Code or a
5local ordinance must make the recorded images of a violation
6accessible to the alleged violator by providing the alleged
7violator with a website address, accessible through the
8Internet.
9    (c) Notwithstanding any penalties for any other violations
10of this Code, the owner of a motor vehicle used in a traffic
11violation recorded by an automated speed enforcement system
12shall be subject to the following penalties:
13        (1) if the recorded speed is no less than 6 miles per
14    hour and no more than 10 miles per hour over the legal
15    speed limit, a civil penalty not exceeding $50, plus an
16    additional penalty of not more than $50 for failure to pay
17    the original penalty in a timely manner; or
18        (2) if the recorded speed is more than 10 miles per
19    hour over the legal speed limit, a civil penalty not
20    exceeding $100, plus an additional penalty of not more than
21    $100 for failure to pay the original penalty in a timely
22    manner.
23    A penalty may not be imposed under this Section if a civil
24penalty not exceeding $100 for each violation, plus an
25additional penalty of not more than $100 for failure to pay the
26original penalty in a timely manner, unless the driver of the

 

 

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1motor vehicle received a Uniform Traffic Citation from a police
2officer for a speeding violation occurring within one-eighth of
3a mile and 15 minutes of the violation that was recorded by the
4system. A violation for which a civil penalty is imposed under
5this Section is not a violation of a traffic regulation
6governing the movement of vehicles and may not be recorded on
7the driving record of the owner of the vehicle. A law
8enforcement officer is not required to be present or to witness
9the violation. No penalty may be imposed under this Section if
10the recorded speed of a vehicle is 5 miles per hour or less
11over the legal speed limit. The municipality may send, in the
12same manner that notices are sent under this Section, a speed
13violation warning notice where the violation involves a speed
14of 5 miles per hour or less above the legal speed limit.
15    (d) The net proceeds that a municipality receives from
16civil penalties imposed under an automated speed enforcement
17system, after deducting all non-personnel and personnel costs
18associated with the operation and maintenance of such system,
19shall be expended or obligated by the municipality for the
20following purposes:
21        (i) public safety initiatives to ensure safe passage
22    around schools, and to provide police protection and
23    surveillance around schools and parks, including but not
24    limited to: (1) personnel costs; and (2) non-personnel
25    costs such as construction and maintenance of public safety
26    infrastructure and equipment;

 

 

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1        (ii) initiatives to improve pedestrian and traffic
2    safety; and
3        (iii) construction and maintenance of infrastructure
4    within the municipality, including but not limited to roads
5    and bridges; and .
6        (iv) after school programs.
7    (e) For each violation of a provision of this Code or a
8local ordinance recorded by an automated speed enforcement
9system, the municipality having jurisdiction shall issue a
10written notice of the violation to the registered owner of the
11vehicle as the alleged violator. The notice shall be delivered
12to the registered owner of the vehicle, by mail, within 30 days
13after the Secretary of State notifies the municipality of the
14identity of the owner of the vehicle, but in no event later
15than 90 days after the violation.
16    (f) The notice required under subsection (e) of this
17Section shall include:
18        (1) the name and address of the registered owner of the
19    vehicle;
20        (2) the registration number of the motor vehicle
21    involved in the violation;
22        (3) the violation charged;
23        (4) the date, time, and location where the violation
24    occurred;
25        (5) a copy of the recorded image or images;
26        (6) the amount of the civil penalty imposed and the

 

 

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1    date by which the civil penalty should be paid;
2        (7) a statement that recorded images are evidence of a
3    violation of a speed restriction;
4        (8) a warning that failure to pay the civil penalty or
5    to contest liability in a timely manner is an admission of
6    liability and may result in a suspension of the driving
7    privileges of the registered owner of the vehicle;
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 by
12        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) If a person charged with a traffic violation, as a
17result of an automated speed enforcement system, does not pay
18the fine or successfully contest the civil penalty resulting
19from that violation, the Secretary of State shall suspend the
20driving privileges of the registered owner of the vehicle under
21Section 6-306.5 of this Code for failing to pay any fine or
22penalty due and owing, or both, as a result of a combination of
235 violations of the automated speed enforcement system or the
24automated traffic law under Section 11-208.6 of this Code.
25    (h) Based on inspection of recorded images produced by an
26automated speed enforcement system, a notice alleging that the

 

 

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1violation occurred shall be evidence of the facts contained in
2the notice and admissible in any proceeding alleging a
3violation under this Section.
4    (i) Recorded images made by an automated speed enforcement
5system are confidential and shall be made available only to the
6alleged violator and governmental and law enforcement agencies
7for purposes of adjudicating a violation of this Section, for
8statistical purposes, or for other governmental purposes. Any
9recorded image evidencing a violation of this Section, however,
10may be admissible in any proceeding resulting from the issuance
11of the citation.
12    (j) The court or hearing officer may consider in defense of
13a violation:
14        (1) that the motor vehicle or registration plates of
15    the motor vehicle were stolen before the violation occurred
16    and not under the control or in the possession of the owner
17    at the time of the violation;
18        (2) that the driver of the motor vehicle received a
19    Uniform Traffic Citation from a police officer for a
20    speeding violation occurring within one-eighth of a mile
21    and 15 minutes of the violation that was recorded by the
22    system; and
23        (3) any other evidence or issues provided by municipal
24    ordinance.
25    (k) To demonstrate that the motor vehicle or the
26registration plates were stolen before the violation occurred

 

 

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1and were not under the control or possession of the owner at
2the time of the violation, the owner must submit proof that a
3report concerning the stolen motor vehicle or registration
4plates was filed with a law enforcement agency in a timely
5manner.
6    (l) A roadway equipped with an automated speed enforcement
7system shall be posted with a sign conforming to the national
8Manual on Uniform Traffic Control Devices that is visible to
9approaching traffic stating that vehicle speeds are being
10photo-enforced and indicating the speed limit. The
11municipality shall install such additional signage as it
12determines is necessary to give reasonable notice to drivers as
13to where automated speed enforcement systems are installed.
14    (m) A roadway where a new automated speed enforcement
15system is installed shall be posted with signs providing 30
16days notice of the use of a new automated speed enforcement
17system prior to the issuance of any citations through the
18automated speed enforcement system.
19    (n) The compensation paid for an automated speed
20enforcement system must be based on the value of the equipment
21or the services provided and may not be based on the number of
22traffic citations issued or the revenue generated by the
23system.
24    (o) A municipality shall make a certified report to the
25Secretary of State pursuant to Section 6-306.5 of this Code
26whenever a registered owner of a vehicle has failed to pay any

 

 

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1fine or penalty due and owing as a result of a combination of 5
2offenses for automated speed or traffic law enforcement system
3violations.
4    (p) No person who is the lessor of a motor vehicle pursuant
5to a written lease agreement shall be liable for an automated
6speed or traffic law enforcement system violation involving
7such motor vehicle during the period of the lease; provided
8that upon the request of the appropriate authority received
9within 120 days after the violation occurred, the lessor
10provides within 60 days after such receipt the name and address
11of the lessee. The drivers license number of a lessee may be
12subsequently individually requested by the appropriate
13authority if needed for enforcement of this Section.
14    Upon the provision of information by the lessor pursuant to
15this subsection, the municipality may issue the violation to
16the lessee of the vehicle in the same manner as it would issue
17a violation to a registered owner of a vehicle pursuant to this
18Section, and the lessee may be held liable for the violation.
19    (q) A municipality using an automated speed enforcement
20system must provide notice to drivers by publishing the
21locations of all safety zones where system equipment is
22installed on the website of the municipality.
23    (r) A municipality operating an automated speed
24enforcement system shall conduct a statistical analysis to
25assess the safety impact of the system. The statistical
26analysis shall be based upon the best available crash, traffic,

 

 

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1and other data, and shall cover a period of time before and
2after installation of the system sufficient to provide a
3statistically valid comparison of safety impact. The
4statistical analysis shall be consistent with professional
5judgment and acceptable industry practice. The statistical
6analysis also shall be consistent with the data required for
7valid comparisons of before and after conditions and shall be
8conducted within a reasonable period following the
9installation of the automated traffic law enforcement system.
10The statistical analysis required by this subsection shall be
11made available to the public and shall be published on the
12website of the municipality.
13    (s) This Section applies only to municipalities with a
14population of 1,000,000 or more inhabitants.
15(Source: 09700SB0965eng.)
 
16    Section 99. Effective date. This Act takes effect July 1,
172012.".