SB2103sam003 97TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 4/4/2011

09700SB2103sam003 LRB097 10200 HEP 53805 a

AMENDMENT TO SENATE BILL 2103

AMENDMENT NO. ______. Amend Senate Bill 2103, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Sections 15, 25, and 30 and by adding Sections 50 and 55 as follows:

(625 ILCS 7/15)

Sec. 15. Definitions. As used in this Act:

(a) "Automated traffic control system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle, the vehicle operator, and the vehicle's registration plate while the driver is violating Section 11-605.1 of the Illinois Vehicle Code. The photograph or other recorded image must also display the time, date, and location of the violation. A law enforcement officer is not required to be present or to witness the violation. The term "automated traffic control system" excludes an automated speed enforcement system as described in Section 50 of this Act.

(b) "Construction or maintenance zone" means an area in which the Department of Transportation or the Illinois State Toll Highway Authority has determined that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance zone and has posted a lower speed limit with a highway construction or maintenance zone special speed limit sign in accordance with Section 11-605.1 of the Illinois Vehicle Code.

(c) "Owner" means the person or entity to whom the vehicle is registered.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/25)

Sec. 25. Limitations on the use of automated traffic enforcement systems.

(a) The Department of State Police must conduct a public information campaign to inform drivers about the use of automated traffic control systems in highway construction or maintenance zones before establishing any of those systems. The information campaign must provide 30 days' notice of the use of a new automated traffic control system prior to the issuance of any citations through the automated traffic control system. The Department of State Police shall adopt rules for implementing this subsection (a).

(b) Signs indicating that speeds are enforced by automated traffic control systems must be clearly posted in the areas where the systems are in use. The signs shall contain the amount of the fine for a violation.

(c) Operation of automated traffic control systems is limited to areas where road construction or maintenance is occurring.

(d) Photographs obtained in this manner may only be used as evidence in relation to a violation of Section 11-605.1 of the Illinois Vehicle Code for which the photograph is taken. The photographs are available only to the owner of the vehicle, the offender and the offender's attorney, the judiciary, the local State's Attorney, and law enforcement officials.

(e) If the driver of the vehicle cannot be identified through the photograph, the owner is not liable for the fine, and the citation may not be counted against the driving record of the owner. If the driver can be identified, the driver is liable for the fine, and the violation is counted against his or her driving record.

(Source: P.A. 93-947, eff. 8-19-04.)

(625 ILCS 7/30)

Sec. 30. Requirements for issuance of a citation.

(a) The vehicle, vehicle operator, vehicle registration plate, speed, date, time, and location must be clearly visible on the photograph or other recorded image of the alleged violation.

(b) A Uniform Traffic Citation must be mailed or otherwise delivered to the registered owner of the vehicle. If mailed, the citation must be sent via certified mail within 14 business days of the alleged violation, return receipt requested.

(c) The Uniform Traffic Citation must include:

(1) the name and address of the vehicle owner;

(2) the registration number of the vehicle;

(3) the offense charged;

(4) the time, date, and location of the violation;

(5) the first available court date; and

(6) notice that the basis of the citation is the photograph or recorded image from the automated traffic control system; and .

(7) a copy of the recorded image or images.

(d) The Uniform Traffic Citation issued to the violator must be accompanied by a written document that lists the violator's rights and obligations and explains how the violator can elect to proceed by either paying the fine or challenging the issuance of the Uniform Traffic Citation.

(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; 94-814, eff. 1-1-07.)

(625 ILCS 7/50 new)

Sec. 50. Automated speed enforcement systems.

(a) Nothwithstanding any other provisions contained in this Act, the Department of Transportation may install an automated speed enforcement system within a highway construction or maintenance zone under its jurisdiction and impose civil penalties under this Section. Nothwithstanding any other provisions contained in this Act, the Illinois State Toll Highway Authority may install an automated speed enforcement system within a highway construction or maintenance zone under its jurisdiction and impose civil penalties under this Section.

(b) As used in this Section:

"Automated speed enforcement system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices installed in a highway construction or maintenance zone designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle and the vehicle's registration plate while the driver is violating Section 11-605.1 of the Illinois Vehicle Code. The recorded image must also display the time, date, and location of the violation. A law enforcement officer is not required to be present or to witness the violation.

"Owner" means the person or entity to whom the vehicle is registered.

"Recorded image" means images recorded by an automated speed enforcement system on:

(1) 2 or more photographs;

(2) 2 or more microphotographs;

(3) 2 or more electronic images; or

(4) a video recording showing the motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.

(c) A body having jurisdiction over the highway construction or maintenance zone that produces a recorded image of a motor vehicle's violation of a provision of this Section must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.

(d) Notwithstanding any other consequence imposed for any similar violation of the Illinois Vehicle Code, the penalty for and consequence of a traffic violation recorded by an automated speed enforcement system is a civil fine of $150. Of the $150 fine, $50 shall be deposited into the Transportation Safety Highway Hire-back Fund. Unless the driver of the motor vehicle received a Uniform Traffic Citation, the motor vehicle owner is subject to the civil penalty under this subsection (c), plus an additional penalty of not more than $150 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated speed enforcement system. Of the additional penalty, $50 shall be deposited into the Transportation Safety Highway Hire-back Fund. A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.

(e) For each violation of a provision of this Section recorded by an automated speed enforcement system, the body having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the body having jurisdiction of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

(f) The notice shall include:

(1) the name and address of the registered owner of the vehicle;

(2) the registration number of the motor vehicle involved in the violation;

(3) the violation charged;

(4) the date, time, and location where the violation occurred;

(5) a copy of the recorded image or images;

(6) the amount of the civil penalty imposed and the date by which the civil penalty should be paid;

(7) a statement that recorded images are evidence of a violation of a speed restriction;

(8) a statement that the person may elect to proceed by:

(A) paying the fine; or

(B) challenging the charge in court, by mail, or by administrative hearing; and

(9) a website address, accessible through the Internet, where the person may view the recorded images of the violation.

(g) Based on inspection of recorded images produced by an automated speed enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under the Illinois Vehicle Code.

(h) Recorded images made by an automated speed enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of the Illinois Vehicle Code, however, may be admissible in any proceeding resulting from the issuance of the citation.

(i) The court or hearing officer may consider in defense of a violation:

(1) that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;

(2) that the driver of the motor vehicle received a Uniform Traffic Citation for the same offence; and

(3) any other evidence or issues provided by administrative rule.

(j) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a report concerning the stolen motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.

(k) A road equipped with an automated speed enforcement system shall be posted with a sign that is visible to approaching traffic stating that vehicle speeds are being photo-enforced.

(l) A road where a new automated speed enforcement system is installed shall be posted with signs providing 30 days notice of the use of a new automated speed enforcement system prior to the issuance of any citations through the automated speed enforcement system.

(m) The compensation paid for an automated speed enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of traffic citations issued or the revenue generated by the system.

(n) The Illinois Department of Transportation shall adopt rules to implement the administrative adjudication of violations under this Section which take place within a highway construction or maintenance zone under its jurisdiction. The Illinois State Toll Highway Authority shall adopt rules to implement the administrative adjudication of violations under this Section which take place within a highway construction or maintenance zone under its jurisdiction.

(625 ILCS 7/55 new)

Sec. 55. Construction of Act. If any Section, sentence, clause, or part of this Act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this Act. The General Assembly hereby declares that it would have passed this Act, and each Section, sentence, clause, or part thereof, irrespective of the fact that one or more Sections, sentences, clauses, or parts might be declared unconstitutional.".