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Full Text of SB3504  97th General Assembly

SB3504sam001 97TH GENERAL ASSEMBLY

Sen. Dan Duffy

Filed: 3/15/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3504

2    AMENDMENT NO. ______. Amend Senate Bill 3504 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 because of a signal malfunction or because the
24signal has failed to detect the arrival of the motorcycle due
25to the motorcycle's size or weight.
26    (d) For each violation of a provision of this Code or a

 

 

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

 

 

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

 

 

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1contained in the notice and admissible in any proceeding
2alleging a violation under this Section.
3    (g) Recorded images made by an automatic traffic law
4enforcement system are confidential and shall be made available
5only to the alleged violator and governmental and law
6enforcement agencies for purposes of adjudicating a violation
7of this Section, for statistical purposes, or for other
8governmental purposes. Any recorded image evidencing a
9violation of this Section, however, may be admissible in any
10proceeding resulting from the issuance of the citation.
11    (h) The court or hearing officer may consider in defense of
12a violation:
13        (1) that the motor vehicle or registration plates of
14    the motor vehicle were stolen before the violation occurred
15    and not under the control of or in the possession of the
16    owner at the time of the violation;
17        (2) that the driver of the vehicle passed through the
18    intersection when the light was red either (i) in order to
19    yield the right-of-way to an emergency vehicle or (ii) as
20    part of a funeral procession; and
21        (3) evidence that the minimal yellow light change
22    interval does not conform with the requirements of
23    subsection (k-5) of this Section; and
24        (4) (3) any other evidence or issues provided by
25    municipal or county ordinance.
26    (i) To demonstrate that the motor vehicle or the

 

 

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1registration plates were stolen before the violation occurred
2and were not under the control or possession of the owner at
3the time of the violation, the owner must submit proof that a
4report concerning the stolen motor vehicle or registration
5plates was filed with a law enforcement agency in a timely
6manner.
7    (j) Unless the driver of the motor vehicle received a
8Uniform Traffic Citation from a police officer at the time of
9the violation, the motor vehicle owner is subject to a civil
10penalty not exceeding $100 or the completion of a traffic
11education program, or both, plus an additional penalty of not
12more than $100 for failure to pay the original penalty or to
13complete a required traffic education program, or both, in a
14timely manner, if the motor vehicle is recorded by an automated
15traffic law enforcement system. A violation for which a civil
16penalty is imposed under this Section is not a violation of a
17traffic regulation governing the movement of vehicles and may
18not be recorded on the driving record of the owner of the
19vehicle.
20    (j-3) A registered owner who is a holder of a valid
21commercial driver's license is not required to complete a
22traffic education program.
23    (j-5) For purposes of the required traffic education
24program only, a registered owner may submit an affidavit to the
25court or hearing officer swearing that at the time of the
26alleged violation, the vehicle was in the custody and control

 

 

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

 

 

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

 

 

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

 

 

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1    (p) No person who is the lessor of a motor vehicle pursuant
2to a written lease agreement shall be liable for an automated
3speed or traffic law enforcement system violation involving
4such motor vehicle during the period of the lease; provided
5that upon the request of the appropriate authority received
6within 120 days after the violation occurred, the lessor
7provides within 60 days after such receipt the name and address
8of the lessee. The drivers license number of a lessee may be
9subsequently individually requested by the appropriate
10authority if needed for enforcement of this Section.
11    Upon the provision of information by the lessor pursuant to
12this subsection, the county or municipality may issue the
13violation to the lessee of the vehicle in the same manner as it
14would issue a violation to a registered owner of a vehicle
15pursuant to this Section, and the lessee may be held liable for
16the violation.
17(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
1897-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, eff. 7-1-12;
19revised 2-8-12.)".