Sen. Martin A. Sandoval

Filed: 4/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2103

2    AMENDMENT NO. ______. Amend Senate Bill 2103, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Automated Traffic Control Systems in
6Highway Construction or Maintenance Zones Act is amended by
7changing Sections 15, 25, and 30 and by adding Sections 50 and
855 as follows:
 
9    (625 ILCS 7/15)
10    Sec. 15. Definitions. As used in this Act:
11    (a) "Automated traffic control system" means a
12photographic device, radar device, laser device, or other
13electrical or mechanical device or devices designed to record
14the speed of a vehicle and obtain a clear photograph or other
15recorded image of the vehicle, the vehicle operator, and the
16vehicle's registration plate while the driver is violating

 

 

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1Section 11-605.1 of the Illinois Vehicle Code. The photograph
2or other recorded image must also display the time, date, and
3location of the violation. A law enforcement officer is not
4required to be present or to witness the violation. The term
5"automated traffic control system" excludes an automated speed
6enforcement system as described in Section 50 of this Act.
7    (b) "Construction or maintenance zone" means an area in
8which the Department of Transportation or the Illinois State
9Toll Highway Authority has determined that the preexisting
10established speed limit through a highway construction or
11maintenance project is greater than is reasonable or safe with
12respect to the conditions expected to exist in the construction
13or maintenance zone and has posted a lower speed limit with a
14highway construction or maintenance zone special speed limit
15sign in accordance with Section 11-605.1 of the Illinois
16Vehicle Code.
17    (c) "Owner" means the person or entity to whom the vehicle
18is registered.
19(Source: P.A. 93-947, eff. 8-19-04.)
 
20    (625 ILCS 7/25)
21    Sec. 25. Limitations on the use of automated traffic
22enforcement systems.
23    (a) The Department of State Police must conduct a public
24information campaign to inform drivers about the use of
25automated traffic control systems in highway construction or

 

 

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1maintenance zones before establishing any of those systems. The
2information campaign must provide 30 days' notice of the use of
3a new automated traffic control system prior to the issuance of
4any citations through the automated traffic control system. The
5Department of State Police shall adopt rules for implementing
6this subsection (a).
7    (b) Signs indicating that speeds are enforced by automated
8traffic control systems must be clearly posted in the areas
9where the systems are in use. The signs shall contain the
10amount of the fine for a violation.
11    (c) Operation of automated traffic control systems is
12limited to areas where road construction or maintenance is
13occurring.
14    (d) Photographs obtained in this manner may only be used as
15evidence in relation to a violation of Section 11-605.1 of the
16Illinois Vehicle Code for which the photograph is taken. The
17photographs are available only to the owner of the vehicle, the
18offender and the offender's attorney, the judiciary, the local
19State's Attorney, and law enforcement officials.
20    (e) If the driver of the vehicle cannot be identified
21through the photograph, the owner is not liable for the fine,
22and the citation may not be counted against the driving record
23of the owner. If the driver can be identified, the driver is
24liable for the fine, and the violation is counted against his
25or her driving record.
26(Source: P.A. 93-947, eff. 8-19-04.)
 

 

 

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

 

 

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1(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
294-814, eff. 1-1-07.)
 
3    (625 ILCS 7/50 new)
4    Sec. 50. Automated speed enforcement systems.
5    (a) Nothwithstanding any other provisions contained in
6this Act, the Department of Transportation may install an
7automated speed enforcement system within a highway
8construction or maintenance zone under its jurisdiction and
9impose civil penalties under this Section. Nothwithstanding
10any other provisions contained in this Act, the Illinois State
11Toll Highway Authority may install an automated speed
12enforcement system within a highway construction or
13maintenance zone under its jurisdiction and impose civil
14penalties under this Section.
15    (b) As used in this Section:
16    "Automated speed enforcement system" means an unmanned
17photographic device, radar device, laser device, or other
18electrical or mechanical device or devices installed in a
19highway construction or maintenance zone designed to record the
20speed of a vehicle and obtain a clear photograph or other
21recorded image of the vehicle and the vehicle's registration
22plate while the driver is violating Section 11-605.1 of the
23Illinois Vehicle Code. The recorded image must also display the
24time, date, and location of the violation. A law enforcement
25officer is not required to be present or to witness the

 

 

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1violation.
2    "Owner" means the person or entity to whom the vehicle is
3registered.
4    "Recorded image" means images recorded by an automated
5speed enforcement system on:
6        (1) 2 or more photographs;
7        (2) 2 or more microphotographs;
8        (3) 2 or more electronic images; or
9        (4) a video recording showing the motor vehicle and, on
10    at least one image or portion of the recording, clearly
11    identifying the registration plate number of the motor
12    vehicle.
13    (c) A body having jurisdiction over the highway
14construction or maintenance zone that produces a recorded image
15of a motor vehicle's violation of a provision of this Section
16must make the recorded images of a violation accessible to the
17alleged violator by providing the alleged violator with a
18website address, accessible through the Internet.
19    (d) Notwithstanding any other consequence imposed for any
20similar violation of the Illinois Vehicle Code, the penalty for
21and consequence of a traffic violation recorded by an automated
22speed enforcement system is a civil fine of $150. Of the $150
23fine, $50 shall be deposited into the Transportation Safety
24Highway Hire-back Fund. Unless the driver of the motor vehicle
25received a Uniform Traffic Citation, the motor vehicle owner is
26subject to the civil penalty under this subsection (c), plus an

 

 

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1additional penalty of not more than $150 for failure to pay the
2original penalty in a timely manner, if the motor vehicle is
3recorded by an automated speed enforcement system. Of the
4additional penalty, $50 shall be deposited into the
5Transportation Safety Highway Hire-back Fund. A violation for
6which a civil penalty is imposed under this Section is not a
7violation of a traffic regulation governing the movement of
8vehicles and may not be recorded on the driving record of the
9owner of the vehicle.
10    (e) For each violation of a provision of this Section
11recorded by an automated speed enforcement system, the body
12having jurisdiction shall issue a written notice of the
13violation to the registered owner of the vehicle as the alleged
14violator. The notice shall be delivered to the registered owner
15of the vehicle, by mail, within 30 days after the Secretary of
16State notifies the body having jurisdiction of the identity of
17the owner of the vehicle, but in no event later than 90 days
18after the violation.
19    (f) The notice shall include:
20        (1) the name and address of the registered owner of the
21    vehicle;
22        (2) the registration number of the motor vehicle
23    involved in the violation;
24        (3) the violation charged;
25        (4) the date, time, and location where the violation
26    occurred;

 

 

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1        (5) a copy of the recorded image or images;
2        (6) the amount of the civil penalty imposed and the
3    date by which the civil penalty should be paid;
4        (7) a statement that recorded images are evidence of a
5    violation of a speed restriction;
6        (8) a statement that the person may elect to proceed
7    by:
8            (A) paying the fine; or
9            (B) challenging the charge in court, by mail, or by
10        administrative hearing; and
11        (9) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    (g) All determinations by a technician that a motor vehicle
15was being operated in violation of Section 11-605.1 must be
16inspected and approved by the Illinois State Police.
17    (h) Based on inspection of recorded images produced by an
18automated speed enforcement system, a notice alleging that the
19violation occurred shall be evidence of the facts contained in
20the notice and admissible in any proceeding alleging a
21violation under the Illinois Vehicle Code.
22    (i) Recorded images made by an automated speed enforcement
23system are confidential and shall be made available only to the
24alleged violator and governmental and law enforcement agencies
25for purposes of adjudicating a violation of this Section, for
26statistical purposes, or for other governmental purposes. Any

 

 

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1recorded image evidencing a violation of the Illinois Vehicle
2Code, however, may be admissible in any proceeding resulting
3from the issuance of the citation.
4    (j) The court or hearing officer may consider in defense of
5a violation:
6        (1) that the motor vehicle or registration plates of
7    the motor vehicle were stolen before the violation occurred
8    and not under the control of or in the possession of the
9    owner at the time of the violation;
10        (2) that the driver of the motor vehicle received a
11    Uniform Traffic Citation for the same offence; and
12        (3) any other evidence or issues provided by
13    administrative rule.
14    (k) To demonstrate that the motor vehicle or the
15registration plates were stolen before the violation occurred
16and were not under the control or possession of the owner at
17the time of the violation, the owner must submit proof that a
18report concerning the stolen motor vehicle or registration
19plates was filed with a law enforcement agency in a timely
20manner.
21    (l) A road equipped with an automated speed enforcement
22system shall be posted with a sign that is visible to
23approaching traffic stating that vehicle speeds are being
24photo-enforced.
25    (m) A road where a new automated speed enforcement system
26is installed shall be posted with signs providing 30 days

 

 

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1notice of the use of a new automated speed enforcement system
2prior to the issuance of any citations through the automated
3speed enforcement system.
4    (n) The compensation paid for an automated speed
5enforcement system must be based on the value of the equipment
6or the services provided and may not be based on the number of
7traffic citations issued or the revenue generated by the
8system.
9    (o) The Illinois Department of Transportation shall adopt
10rules to implement the administrative adjudication of
11violations under this Section which take place within a highway
12construction or maintenance zone under its jurisdiction. The
13Illinois State Toll Highway Authority shall adopt rules to
14implement the administrative adjudication of violations under
15this Section which take place within a highway construction or
16maintenance zone under its jurisdiction.
17    (p) This Section is repealed 2 years after the effective
18date of this amendatory Act of the 97th General Assembly.
 
19    (625 ILCS 7/55 new)
20    Sec. 55. Construction of Act. If any Section, sentence,
21clause, or part of this Act is for any reason held to be
22unconstitutional, such decision shall not affect the remaining
23portions of this Act. The General Assembly hereby declares that
24it would have passed this Act, and each Section, sentence,
25clause, or part thereof, irrespective of the fact that one or

 

 

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1more Sections, sentences, clauses, or parts might be declared
2unconstitutional.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".