Sen. Dan Duffy

Filed: 4/14/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1026

2    AMENDMENT NO. ______. Amend Senate Bill 1026 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,

 

 

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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means images
7recorded by an automated traffic law enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and, on
12    at least one image or portion of the recording, clearly
13    identifying the registration plate number of the motor
14    vehicle.
15    (b-5) A municipality or county that produces a recorded
16image of a motor vehicle's violation of a provision of this
17Code or a local ordinance must make the recorded images of a
18violation accessible to the alleged violator by providing the
19alleged violator with a website address, accessible through the
20Internet.
21    (c) Except as provided under Section 11-208.8 of this Code,
22a county or municipality, including a home rule county or
23municipality, may not use an automated traffic law enforcement
24system to provide recorded images of a motor vehicle for the
25purpose of recording its speed. Except as provided under
26Section 11-208.8 of this Code, the regulation of the use of

 

 

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1automated traffic law enforcement systems to record vehicle
2speeds is an exclusive power and function of the State. This
3subsection (c) is a denial and limitation of home rule powers
4and functions under subsection (h) of Section 6 of Article VII
5of the Illinois Constitution.
6    (c-5) A county or municipality, including a home rule
7county or municipality, may not use an automated traffic law
8enforcement system to issue violations in instances where the
9motor vehicle comes to a complete stop and does not enter the
10intersection, as defined by Section 1-132 of this Code, during
11the cycle of the red signal indication unless one or more
12pedestrians or bicyclists are present, even if the motor
13vehicle stops at a point past a stop line or crosswalk where a
14driver is required to stop, as specified in subsection (c) of
15Section 11-306 of this Code or a similar provision of a local
16ordinance.
17    (c-6) A county, or a municipality with less than 2,000,000
18inhabitants, including a home rule county or municipality, may
19not use an automated traffic law enforcement system to issue
20violations in instances where a motorcyclist enters an
21intersection against a red signal indication when the red
22signal fails to change to a green signal within a reasonable
23period of time not less than 120 seconds because of a signal
24malfunction or because the signal has failed to detect the
25arrival of the motorcycle due to the motorcycle's size or
26weight.

 

 

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1    (d) For each violation of a provision of this Code or a
2local ordinance recorded by an automatic traffic law
3enforcement system, the county or municipality having
4jurisdiction shall issue a written notice of the violation to
5the registered owner of the vehicle as the alleged violator.
6The notice shall be delivered to the registered owner of the
7vehicle, by mail, within 30 days after the Secretary of State
8notifies the municipality or county of the identity of the
9owner of the vehicle, but in no event later than 90 days after
10the violation.
11    The notice shall include:
12        (1) the name and address of the registered owner of the
13    vehicle;
14        (2) the registration number of the motor vehicle
15    involved in the violation;
16        (3) the violation charged;
17        (4) the location where the violation occurred;
18        (5) the date and time of the violation;
19        (6) a copy of the recorded images;
20        (7) the amount of the civil penalty imposed and the
21    requirements of any traffic education program imposed and
22    the date by which the civil penalty should be paid and the
23    traffic education program should be completed;
24        (8) a statement that recorded images are evidence of a
25    violation of a red light signal;
26        (9) a warning that failure to pay the civil penalty, to

 

 

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1    complete a required traffic education program, or to
2    contest liability in a timely manner is an admission of
3    liability and may result in a suspension of the driving
4    privileges of the registered owner of the vehicle;
5        (10) a statement that the person may elect to proceed
6    by:
7            (A) paying the fine, completing a required traffic
8        education program, or both; or
9            (B) challenging the charge in court, by mail, or by
10        administrative hearing; and
11        (11) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    (e) If a person charged with a traffic violation, as a
15result of an automated traffic law enforcement system, does not
16pay the fine or complete a required traffic education program,
17or both, or successfully contest the civil penalty resulting
18from that violation, the Secretary of State shall suspend the
19driving privileges of the registered owner of the vehicle under
20Section 6-306.5 of this Code for failing to complete a required
21traffic education program or to pay any fine or penalty due and
22owing, or both, as a result of a combination of 5 violations of
23the automated traffic law enforcement system or the automated
24speed enforcement system under Section 11-208.8 of this Code.
25    (f) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging

 

 

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1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (g) Recorded images made by an automatic traffic law
5enforcement system are confidential and shall be made available
6only to the alleged violator and governmental and law
7enforcement agencies for purposes of adjudicating a violation
8of this Section, for statistical purposes, or for other
9governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (h) 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 of or in the possession of the
17    owner at the time of the violation;
18        (2) that the driver of the vehicle passed through the
19    intersection when the light was red either (i) in order to
20    yield the right-of-way to an emergency vehicle or (ii) as
21    part of a funeral procession; and
22        (2.5) evidence that the minimal yellow light change
23    interval does not conform with the requirements of
24    subsection (k-5) of this Section; 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 or the
2registration plates were stolen before the violation occurred
3and were not under the control or possession of the owner at
4the time of the violation, the owner must submit proof that a
5report concerning the stolen motor vehicle or registration
6plates was filed with a law enforcement agency in a timely
7manner.
8    (j) Unless the driver of the motor vehicle received a
9Uniform Traffic Citation from a police officer at the time of
10the violation, the motor vehicle owner is subject to a civil
11penalty not exceeding $100 or the completion of a traffic
12education program, or both, plus an additional penalty of not
13more than $100 for failure to pay the original penalty or to
14complete a required traffic education program, or both, in a
15timely manner, if the motor vehicle is recorded by an automated
16traffic law enforcement system. A violation for which a civil
17penalty is imposed under this Section is not a violation of a
18traffic regulation governing the movement of vehicles and may
19not be recorded on the driving record of the owner of the
20vehicle.
21    (j-3) A registered owner who is a holder of a valid
22commercial driver's license is not required to complete a
23traffic education program.
24    (j-5) For purposes of the required traffic education
25program only, a registered owner may submit an affidavit to the
26court or hearing officer swearing that at the time of the

 

 

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1alleged violation, the vehicle was in the custody and control
2of another person. The affidavit must identify the person in
3custody and control of the vehicle, including the person's name
4and current address. The person in custody and control of the
5vehicle at the time of the violation is required to complete
6the required traffic education program. If the person in
7custody and control of the vehicle at the time of the violation
8completes the required traffic education program, the
9registered owner of the vehicle is not required to complete a
10traffic education program.
11    (k) An intersection equipped with an automated traffic law
12enforcement system must be posted with a sign visible to
13approaching traffic indicating that the intersection is being
14monitored by an automated traffic law enforcement system.
15    (k-3) A municipality or county that has one or more
16intersections equipped with an automated traffic law
17enforcement system must provide notice to drivers by posting
18the locations of automated traffic law systems on the
19municipality or county website.
20    (k-5) An intersection equipped with an automated traffic
21law enforcement system must have a yellow change interval that
22conforms with the Illinois Manual on Uniform Traffic Control
23Devices (IMUTCD) published by the Illinois Department of
24Transportation. The minimal yellow light change interval shall
25be established in accordance with nationally recognized
26engineering standards using the 85th percentile approach

 

 

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1traffic speed, derived from engineering speed studies
2conducted under good conditions and not influenced by law
3enforcement actions or visible speed display signs, and any
4established time may not be less than the recognized national
5standard plus one additional second.
6    (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36 month period
24following installation of the system indicates that there has
25been an increase in the rate of accidents at the approach to
26the intersection monitored by the system, the municipality or

 

 

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1county shall undertake additional studies to determine the
2cause and severity of the accidents, and may take any action
3that it determines is necessary or appropriate to reduce the
4number or severity of the accidents at that intersection.
5    (l) The compensation paid for an automated traffic law
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10    (m) This Section applies only to the counties of Cook,
11DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
12to municipalities located within those counties.
13    (n) The fee for participating in a traffic education
14program under this Section shall not exceed $25.
15    A low-income individual required to complete a traffic
16education program under this Section who provides proof of
17eligibility for the federal earned income tax credit under
18Section 32 of the Internal Revenue Code or the Illinois earned
19income tax credit under Section 212 of the Illinois Income Tax
20Act shall not be required to pay any fee for participating in a
21required traffic education program.
22    (o) A municipality or county shall make a certified report
23to the Secretary of State pursuant to Section 6-306.5 of this
24Code whenever a registered owner of a vehicle has failed to pay
25any fine or penalty due and owing as a result of a combination
26of 5 offenses for automated traffic law or speed enforcement

 

 

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1system violations.
2    (p) No person who is the lessor of a motor vehicle pursuant
3to a written lease agreement shall be liable for an automated
4speed or traffic law enforcement system violation involving
5such motor vehicle during the period of the lease; provided
6that upon the request of the appropriate authority received
7within 120 days after the violation occurred, the lessor
8provides within 60 days after such receipt the name and address
9of the lessee. The drivers license number of a lessee may be
10subsequently individually requested by the appropriate
11authority if needed for enforcement of this Section.
12    Upon the provision of information by the lessor pursuant to
13this subsection, the county or municipality may issue the
14violation to the lessee of the vehicle in the same manner as it
15would issue a violation to a registered owner of a vehicle
16pursuant to this Section, and the lessee may be held liable for
17the violation.
18(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
19eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)".