Sen. Martin A. Sandoval

Filed: 3/9/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2103

2    AMENDMENT NO. ______. Amend Senate Bill 2103 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-612 and 12-610.5 as follows:
 
6    (625 ILCS 5/11-612)
7    Sec. 11-612. Certain systems to record vehicle speeds
8prohibited. Except as authorized in the Automated Traffic
9Control Systems in Highway Construction, or Maintenance, or
10High-Fatality Zones Act, no photographic, video, or other
11imaging system may be used in this State to record vehicle
12speeds for the purpose of enforcing any law or ordinance
13regarding a maximum or minimum speed limit unless a law
14enforcement officer is present at the scene and witnesses the
15event. No State or local governmental entity, including a home
16rule county or municipality, may use such a system in a way

 

 

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1that is prohibited by this Section. The regulation of the use
2of such systems is an exclusive power and function of the
3State. This Section is a denial and limitation of home rule
4powers and functions under subsection (h) of Section 6 of
5Article VII of the Illinois Constitution.
6(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06;
794-814, eff. 1-1-07.)
 
8    (625 ILCS 5/12-610.5)
9    Sec. 12-610.5. Registration plate covers.
10    (a) In this Section, "registration plate cover" means any
11tinted, colored, painted, marked, clear, or illuminated object
12that is designed to:
13        (1) cover any of the characters of a motor vehicle's
14    registration plate; or
15        (2) distort a recorded image of any of the characters
16    of a motor vehicle's registration plate recorded by an
17    automated traffic law enforcement system as defined in
18    Section 11-208.6 of this Code or recorded by an automated
19    traffic control system as defined in Section 15 of the
20    Automated Traffic Control Systems in Highway Construction,
21    or Maintenance, or High-Fatality Zones Act.
22    (b) It shall be unlawful to operate any motor vehicle that
23is equipped with registration plate covers.
24    (c) A person may not sell or offer for sale a registration
25plate cover.

 

 

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1    (d) A person may not advertise for the purpose of promoting
2the sale of registration plate covers.
3    (e) A violation of this Section or a similar provision of a
4local ordinance shall be an offense against laws and ordinances
5regulating the movement of traffic.
6(Source: P.A. 96-328, eff. 8-11-09.)
 
7    Section 10. The Automated Traffic Control Systems in
8Highway Construction or Maintenance Zones Act is amended by
9changing Sections 1, 5, 10, 15, 25, and 30 and by adding
10Section 50 as follows:
 
11    (625 ILCS 7/1)
12    Sec. 1. Short title. This Act may be cited as the Automated
13Traffic Control Systems in Highway Construction, or
14Maintenance, or High-Fatality Zones Act.
15(Source: P.A. 93-947, eff. 8-19-04.)
 
16    (625 ILCS 7/5)
17    Sec. 5. Purpose. The purpose of this Act is to increase
18safety in highway construction, or maintenance, or
19high-fatality zones.
20(Source: P.A. 93-947, eff. 8-19-04.)
 
21    (625 ILCS 7/10)
22    Sec. 10. Establishment of automated control systems. The

 

 

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1Department of State Police may establish an automated traffic
2control system in any construction, or maintenance, or
3high-fatality zone established by the Department of
4Transportation or the Illinois State Toll Highway Authority. An
5automated traffic control system in a construction or
6maintenance zone may operate only during those periods when
7workers are present in the construction or maintenance zone. In
8any prosecution based upon evidence obtained through an
9automated traffic control system established under this Act,
10the State must prove that one or more workers were present in
11the construction or maintenance zone when the violation
12occurred.
13(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
1494-814, eff. 1-1-07.)
 
15    (625 ILCS 7/15)
16    Sec. 15. Definitions. As used in this Act:
17    (a) "Automated traffic control system" means a
18photographic device, radar device, laser device, or other
19electrical or mechanical device or devices installed in a
20construction, maintenance, or high-fatality zone designed to
21record the speed of a vehicle and obtain a clear photograph or
22other recorded image of the vehicle, the vehicle operator, and
23the vehicle's registration plate while the driver is violating
24Section 11-605.1 of the Illinois Vehicle Code. The photograph
25or other recorded image must also display the time, date, and

 

 

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1location of the violation. A law enforcement officer is not
2required to be present or to witness the violation.
3    (b) "Construction or maintenance zone" means an area in
4which the Department of Transportation or the Illinois State
5Toll Highway Authority has determined that the preexisting
6established speed limit through a highway construction or
7maintenance project is greater than is reasonable or safe with
8respect to the conditions expected to exist in the construction
9or maintenance zone and has posted a lower speed limit with a
10highway construction or maintenance zone special speed limit
11sign in accordance with Section 11-605.1 of the Illinois
12Vehicle Code.
13    (c) "Owner" means the person or entity to whom the vehicle
14is registered.
15    (d) "High-fatality zone" means an area in which the
16Department of Transportation or the Illinois State Toll Highway
17Authority has determined that the number of fatal accidents
18which have occurred in the area is such that an automated speed
19enforcement system is warranted.
20(Source: P.A. 93-947, eff. 8-19-04.)
 
21    (625 ILCS 7/25)
22    Sec. 25. Limitations on the use of automated traffic
23enforcement systems.
24    (a) The Department of State Police must conduct a public
25information campaign to inform drivers about the use of

 

 

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1automated traffic control systems in highway construction, or
2maintenance, or high-fatality zones before establishing any of
3those systems. The information campaign must provide 30 days'
4notice of the use of a new automated traffic control system
5prior to the issuance of any citations through the automated
6traffic control system. The Department of State Police shall
7adopt rules for implementing this subsection (a).
8    (b) Signs indicating that speeds are enforced by automated
9traffic control systems must be clearly posted in the areas
10where the systems are in use. The signs shall contain the
11amount of the fine for a violation.
12    (c) Operation of automated traffic control systems is
13limited to areas where road construction or maintenance is
14occurring.
15    (d) Photographs obtained in this manner may only be used as
16evidence in relation to a violation of Section 11-605.1 of the
17Illinois Vehicle Code for which the photograph is taken. The
18photographs are available only to the owner of the vehicle, the
19offender and the offender's attorney, the judiciary, the local
20State's Attorney, and law enforcement officials.
21    (e) If the driver of the vehicle cannot be identified
22through the photograph, the owner is not liable for the fine,
23and the citation may not be counted against the driving record
24of the owner. If the driver can be identified, the driver is
25liable for the fine, and the violation is counted against his
26or her driving record.

 

 

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1(Source: P.A. 93-947, eff. 8-19-04.)
 
2    (625 ILCS 7/30)
3    Sec. 30. Requirements for issuance of a citation.
4    (a) The vehicle, vehicle operator, vehicle registration
5plate, speed, date, time, and location must be clearly visible
6on the photograph or other recorded image of the alleged
7violation.
8    (b) A Uniform Traffic Citation must be mailed or otherwise
9delivered to the registered owner of the vehicle. If mailed,
10the citation must be sent via certified mail within 14 business
11days of the alleged violation, return receipt requested.
12    (c) The Uniform Traffic Citation must include:
13        (1) the name and address of the vehicle owner;
14        (2) the registration number of the vehicle;
15        (3) the offense charged;
16        (4) the time, date, and location of the violation;
17        (5) the first available court date; and
18        (6) notice that the basis of the citation is the
19    photograph or recorded image from the automated traffic
20    control system; and .
21        (7) a copy of the recorded image or images.
22    (d) The Uniform Traffic Citation issued to the violator
23must be accompanied by a written document that lists the
24violator's rights and obligations and explains how the violator
25can elect to proceed by either paying the fine or challenging

 

 

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1the issuance of the Uniform Traffic Citation.
2(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
394-814, eff. 1-1-07.)
 
4    (625 ILCS 7/50 new)
5    Sec. 50. Construction of Act. If any Section, sentence,
6clause, or part of this Act is for any reason held to be
7unconstitutional, such decision shall not affect the remaining
8portions of this Act. The General Assembly hereby declares that
9it would have passed this Act, and each Section, sentence,
10clause, or part thereof, irrespective of the fact that one or
11more Sections, sentences, clauses, or parts might be declared
12unconstitutional.".