Illinois General Assembly - Full Text of SB0450
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Full Text of SB0450  95th General Assembly

SB0450ham004 95TH GENERAL ASSEMBLY

Rep. Charles E. Jefferson

Filed: 7/15/2008

 

 


 

 


 
09500SB0450ham004 LRB095 09964 RLC 52114 a

1
AMENDMENT TO SENATE BILL 450

2     AMENDMENT NO. ______. Amend Senate Bill 450 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The State Police Act is amended by adding
5 Section 30 as follows:
 
6     (20 ILCS 2610/30 new)
7     Sec. 30. Patrol vehicles with in-car video recording
8 cameras.
9     (a) Definitions. As used in this Section:
10         "Audio recording" means the recorded conversation
11     between an officer and a second party.
12         "Emergency lights" means oscillating, rotating, or
13     flashing lights on patrol vehicles.
14         "In-car video camera" means a video camera located in a
15     Department patrol vehicle.
16         "In-car video camera recording equipment" means a

 

 

09500SB0450ham004 - 2 - LRB095 09964 RLC 52114 a

1     video camera recording system located in a Department
2     patrol vehicle consisting of a camera assembly, recording
3     mechanism, and an in-car video recording medium.
4         "Enforcement stop" means an action by an officer of the
5     Department in relation to enforcement and investigation
6     duties, including but not limited to, traffic stops,
7     pedestrian stops, abandoned vehicle contacts, motorist
8     assists, commercial motor vehicle stops, roadside safety
9     checks, requests for identification, or responses to
10     requests for emergency assistance.
11         "Recording" means the process of capturing data or
12     information stored on a recording medium as required under
13     this Section.
14         "Recording medium" means any recording medium
15     authorized by the Department for the retention and playback
16     of recorded audio and video including, but not limited to,
17     VHS, DVD, hard drive, solid state, digital, or flash memory
18     technology.
19         "Wireless microphone" means a devise worn by the
20     officer or any other equipment used to record conversations
21     between the officer and a second party and transmitted to
22     the recording equipment.
23     (b) By June 1, 2009, the Department shall install in-car
24 video camera recording equipment in all patrol vehicles.
25 Subject to appropriation, all patrol vehicles shall be equipped
26 with in-car video camera recording equipment with a recording

 

 

09500SB0450ham004 - 3 - LRB095 09964 RLC 52114 a

1 medium capable of recording for a period of 10 hours or more by
2 June 1, 2011. In-car video camera recording equipment shall be
3 capable of making audio recordings with the assistance of a
4 wireless microphone.
5     (c) As of the effective date of this amendatory Act of the
6 95th General Assembly, in-car video camera recording equipment
7 with a recording medium incapable of recording for a period of
8 10 hours or more shall record activities outside a patrol
9 vehicle whenever (i) an officer assigned a patrol vehicle is
10 conducting an enforcement stop; (ii) patrol vehicle emergency
11 lights are activated or would otherwise be activated if not for
12 the need to conceal the presence of law enforcement; or (iii)
13 an officer reasonably believes recording may assist with
14 prosecution, enhance safety, or for any other lawful purpose.
15 As of the effective date of this amendatory Act of the 95th
16 General Assembly, in-car video camera recording equipment with
17 a recording medium incapable of recording for a period of 10
18 hours or more shall record activities inside the vehicle when
19 transporting an arrestee or when an officer reasonably believes
20 recording may assist with prosecution, enhance safety, or for
21 any other lawful purpose.
22         (1) Recording for an enforcement stop shall begin when
23     the officer determines an enforcement stop is necessary and
24     shall continue until the enforcement action has been
25     completed and the subject of the enforcement stop or the
26     officer has left the scene.

 

 

09500SB0450ham004 - 4 - LRB095 09964 RLC 52114 a

1         (2) Recording shall begin when patrol vehicle
2     emergency lights are activated or when they would otherwise
3     be activated if not for the need to conceal the presence of
4     law enforcement, and shall continue until the reason for
5     the activation ceases to exist, regardless of whether the
6     emergency lights are no longer activated.
7         (3) An officer may begin recording if the officer
8     reasonably believes recording may assist with prosecution,
9     enhance safety, or for any other lawful purpose; and shall
10     continue until the reason for recording ceases to exist.
11     (d) In-car video camera recording equipment with a
12 recording medium capable of recording for a period of 10 hours
13 or more shall record activities whenever a patrol vehicle is
14 assigned to patrol duty.
15     (e) Any enforcement stop resulting from a suspected
16 violation of the Illinois Vehicle Code shall be video and audio
17 recorded. Audio recording shall terminate upon release of the
18 violator and prior to initiating a separate criminal
19 investigation.
20     (f) Recordings made on in-car video camera recording medium
21 shall be retained by the Department for a storage period of at
22 least 90 days. Under no circumstances shall any recording made
23 on in-car video camera recording medium be altered or erased
24 prior to the expiration of the designated storage period. Upon
25 completion of the storage period, the recording medium may be
26 erased and reissued for operational use unless otherwise

 

 

09500SB0450ham004 - 5 - LRB095 09964 RLC 52114 a

1 ordered by the District Commander or his or her designee or by
2 a court, or if designated for evidentiary or training purposes.
3     (g) Audio or video recordings made pursuant to this Section
4 shall be available under the applicable provisions of the
5 Freedom of Information Act. Only recorded portions of the audio
6 recording or video recording medium applicable to the request
7 will be available for inspection or copying.
8     (h) The Department shall ensure proper care and maintenance
9 of in-car video camera recording equipment and recording
10 medium. An officer operating a patrol vehicle must immediately
11 document and notify the District Commander or his or her
12 designee of any technical difficulties, failures, or problems
13 with the in-car video camera recording equipment or recording
14 medium. Upon receiving notice, the District Commander or his or
15 her designee shall make every reasonable effort to correct and
16 repair any of the in-car video camera recording equipment or
17 recording medium and determine if it is in the public interest
18 to permit the use of the patrol vehicle.
19     (i) The Department may promulgate rules to implement this
20 amendatory Act of the 95th General Assembly only to the extent
21 necessary to apply the existing rules or applicable internal
22 directives.
 
23     Section 10. The Illinois Vehicle Code is amended by
24 changing Sections 3-806 and 3-815 as follows:
 

 

 

09500SB0450ham004 - 6 - LRB095 09964 RLC 52114 a

1     (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
2     Sec. 3-806. Registration Fees; Motor Vehicles of the First
3 Division. Every owner of any other motor vehicle of the first
4 division, except as provided in Sections 3-804, 3-805, 3-806.3,
5 and 3-808, and every second division vehicle weighing 8,000
6 pounds or less, shall pay the Secretary of State an annual
7 registration fee at the following rates:
8
9SCHEDULE OF REGISTRATION FEES
10REQUIRED BY LAW
11Beginning with the 1986 registration year
12Reduced Fee
13AnnualOn and After
14FeeJune 15
15Motor vehicles of the first
16division other than
17Motorcycles, Motor Driven
18Cycles and Pedalcycles$48$24
19Reduced Fee
20September 16
21to March 31
22Motorcycles, Motor Driven
23Cycles and Pedalcycles 3015
24SCHEDULE OF REGISTRATION FEES
25REQUIRED BY LAW
26Beginning with the 2001 registration year

 

 

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1Reduced Fee
2AnnualOn and After
3FeeJune 15
4Motor vehicles of the first
5division other than
6Motorcycles, Motor Driven
7Cycles and Pedalcycles$78$39
8Reduced Fee
9September 16
10to March 31
11Motorcycles, Motor Driven
12Cycles and Pedalcycles 3819
13     Beginning with the 2010 registration year a $1 surcharge
14 shall be collected in addition to the above fees for motor
15 vehicles of the first division, motorcycles, motor driven
16 cycles, and pedalcycles to be deposited into the State Police
17 Vehicle Fund.
18 (Source: P.A. 91-37, eff. 7-1-99.)
 
19     (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
20     Sec. 3-815. Flat weight tax; vehicles of the second
21 division.
22     (a) Except as provided in Section 3-806.3, every owner of a
23 vehicle of the second division registered under Section 3-813,
24 and not registered under the mileage weight tax under Section
25 3-818, shall pay to the Secretary of State, for each

 

 

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1 registration year, for the use of the public highways, a flat
2 weight tax at the rates set forth in the following table, the
3 rates including the $10 registration fee:
4
SCHEDULE OF FLAT WEIGHT TAX
5
REQUIRED BY LAW
6Gross Weight in Lbs.Total Fees
7Including Vehicle each Fiscal
8and Maximum year
9LoadClass
108,000 lbs. and lessB$78
118,001 lbs. to 12,000 lbs.D138
1212,001 lbs. to 16,000 lbs.F242
1316,001 lbs. to 26,000 lbs.H490
1426,001 lbs. to 28,000 lbs.J630
1528,001 lbs. to 32,000 lbs.K842
1632,001 lbs. to 36,000 lbs.L982
1736,001 lbs. to 40,000 lbs.N1,202
1840,001 lbs. to 45,000 lbs.P1,390
1945,001 lbs. to 50,000 lbs.Q1,538
2050,001 lbs. to 54,999 lbs.R1,698
2155,000 lbs. to 59,500 lbs.S1,830
2259,501 lbs. to 64,000 lbs.T1,970
2364,001 lbs. to 73,280 lbs.V2,294
2473,281 lbs. to 77,000 lbs.X2,622
2577,001 lbs. to 80,000 lbs.Z2,790
26     Beginning with the 2010 registration year a $1 surcharge

 

 

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1 shall be collected for vehicles registered in the 8,000 lbs.
2 and less flat weight plate category above to be deposited into
3 the State Police Vehicle Fund.
4     (a-1) A Special Hauling Vehicle is a vehicle or combination
5 of vehicles of the second division registered under Section
6 3-813 transporting asphalt or concrete in the plastic state or
7 a vehicle or combination of vehicles that are subject to the
8 gross weight limitations in subsection (b) of Section 15-111
9 for which the owner of the vehicle or combination of vehicles
10 has elected to pay, in addition to the registration fee in
11 subsection (a), $125 to the Secretary of State for each
12 registration year. The Secretary shall designate this class of
13 vehicle as a Special Hauling Vehicle.
14     (b) Except as provided in Section 3-806.3, every camping
15 trailer, motor home, mini motor home, travel trailer, truck
16 camper or van camper used primarily for recreational purposes,
17 and not used commercially, nor for hire, nor owned by a
18 commercial business, may be registered for each registration
19 year upon the filing of a proper application and the payment of
20 a registration fee and highway use tax, according to the
21 following table of fees:
22
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
23Gross Weight in Lbs.Total Fees
24Including Vehicle andEach
25Maximum LoadCalendar Year
268,000 lbs and less$78

 

 

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18,001 Lbs. to 10,000 Lbs90
210,001 Lbs. and Over102
3
CAMPING TRAILER OR TRAVEL TRAILER
4Gross Weight in Lbs.Total Fees
5Including Vehicle andEach
6Maximum LoadCalendar Year
73,000 Lbs. and Less$18
83,001 Lbs. to 8,000 Lbs.30
98,001 Lbs. to 10,000 Lbs.38
1010,001 Lbs. and Over50
11     Every house trailer must be registered under Section 3-819.
12     (c) Farm Truck. Any truck used exclusively for the owner's
13 own agricultural, horticultural or livestock raising
14 operations and not-for-hire only, or any truck used only in the
15 transportation for-hire of seasonal, fresh, perishable fruit
16 or vegetables from farm to the point of first processing, may
17 be registered by the owner under this paragraph in lieu of
18 registration under paragraph (a), upon filing of a proper
19 application and the payment of the $10 registration fee and the
20 highway use tax herein specified as follows:
21
SCHEDULE OF FEES AND TAXES
22Gross Weight in Lbs.Total Amount for
23Including Truck andeach
24Maximum LoadClassFiscal Year
2516,000 lbs. or lessVF$150
2616,001 to 20,000 lbs.VG226

 

 

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120,001 to 24,000 lbs.VH290
224,001 to 28,000 lbs.VJ378
328,001 to 32,000 lbs.VK506
432,001 to 36,000 lbs.VL610
536,001 to 45,000 lbs.VP810
645,001 to 54,999 lbs.VR1,026
755,000 to 64,000 lbs.VT1,202
864,001 to 73,280 lbs.VV1,290
973,281 to 77,000 lbs.VX1,350
1077,001 to 80,000 lbs.VZ1,490
11     In the event the Secretary of State revokes a farm truck
12 registration as authorized by law, the owner shall pay the flat
13 weight tax due hereunder before operating such truck.
14     Any combination of vehicles having 5 axles, with a distance
15 of 42 feet or less between extreme axles, that are subject to
16 the weight limitations in subsection (a) and (b) of Section
17 15-111 for which the owner of the combination of vehicles has
18 elected to pay, in addition to the registration fee in
19 subsection (c), $125 to the Secretary of State for each
20 registration year shall be designated by the Secretary as a
21 Special Hauling Vehicle.
22     (d) The number of axles necessary to carry the maximum load
23 provided shall be determined from Chapter 15 of this Code.
24     (e) An owner may only apply for and receive 5 farm truck
25 registrations, and only 2 of those 5 vehicles shall exceed
26 59,500 gross weight in pounds per vehicle.

 

 

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1     (f) Every person convicted of violating this Section by
2 failure to pay the appropriate flat weight tax to the Secretary
3 of State as set forth in the above tables shall be punished as
4 provided for in Section 3-401.
5 (Source: P.A. 91-37, eff. 7-1-99.)
 
6     Section 99. Effective date. This Act takes effect upon
7 becoming law.".