102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3345

 

Introduced 2/22/2021, by Rep. Seth Lewis

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-209.1
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8
625 ILCS 5/11-208.9
625 ILCS 5/11-1201.1

    Amends the Illinois Driver Licensing Law and the Illinois Vehicle Code. Requires the Secretary of State to rescind the suspension of driving privileges for failing to pay fines and penalties for standing, parking, compliance, automated speed enforcement system, or automated traffic law violations. Makes corresponding changes.


LRB102 15148 RAM 20503 b

 

 

A BILL FOR

 

HB3345LRB102 15148 RAM 20503 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
611-208.9, and 11-1201.1 as follows:
 
7    (625 ILCS 5/6-209.1)
8    Sec. 6-209.1. Restoration of driving privileges;
9revocation; suspension; cancellation.
10    (a) The Secretary shall rescind the suspension or
11cancellation of a person's driver's license that has been
12suspended or canceled before July 1, 2020 (the effective date
13of Public Act 101-623) this amendatory Act of the 101st
14General Assembly due to:
15        (1) the person being convicted of theft of motor fuel
16    under Section Sections 16-25 or 16K-15 of the Criminal
17    Code of 1961 or the Criminal Code of 2012;
18        (2) the person, since the issuance of the driver's
19    license, being adjudged to be afflicted with or suffering
20    from any mental disability or disease;
21        (3) a violation of Section 6-16 of the Liquor Control
22    Act of 1934 or a similar provision of a local ordinance;
23        (4) the person being convicted of a violation of

 

 

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1    Section 6-20 of the Liquor Control Act of 1934 or a similar
2    provision of a local ordinance, if the person presents a
3    certified copy of a court order that includes a finding
4    that the person was not an occupant of a motor vehicle at
5    the time of the violation;
6        (5) the person receiving a disposition of court
7    supervision for a violation of subsection subsections (a),
8    (d), or (e) of Section 6-20 of the Liquor Control Act of
9    1934 or a similar provision of a local ordinance, if the
10    person presents a certified copy of a court order that
11    includes a finding that the person was not an occupant of a
12    motor vehicle at the time of the violation;
13        (6) the person failing to pay any fine or penalty due
14    or owing as a result of 10 or more violations of a
15    municipality's or county's vehicular standing, parking, or
16    compliance regulations established by ordinance under
17    Section 11-208.3 of this Code;
18        (7) the person failing to satisfy any fine or penalty
19    resulting from a final order issued by the Illinois State
20    Toll Highway Authority relating directly or indirectly to
21    5 or more toll violations, toll evasions, or both;
22        (8) the person being convicted of a violation of
23    Section 4-102 of this Code, if the person presents a
24    certified copy of a court order that includes a finding
25    that the person did not exercise actual physical control
26    of the vehicle at the time of the violation; or

 

 

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1        (9) the person being convicted of criminal trespass to
2    vehicles under Section 21-2 of the Criminal Code of 2012,
3    if the person presents a certified copy of a court order
4    that includes a finding that the person did not exercise
5    actual physical control of the vehicle at the time of the
6    violation.
7    (b) As soon as practicable and no later than July 1, 2021,
8the Secretary shall rescind the suspension, cancellation, or
9prohibition of renewal of a person's driver's license that has
10been suspended, canceled, or whose renewal has been prohibited
11before the effective date of this amendatory Act of the 102nd
12General Assembly due to the person having failed to pay any
13fine or penalty as a result of 5 offenses for automated traffic
14law enforcement system violations under Sections 11-208.6,
1511-208.8, 11-208.9, and 11-1201.1.
16(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
17    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
18    Sec. 11-208.3. Administrative adjudication of violations
19of traffic regulations concerning the standing, parking, or
20condition of vehicles, automated traffic law violations, and
21automated speed enforcement system violations.
22    (a) Any municipality or county may provide by ordinance
23for a system of administrative adjudication of vehicular
24standing and parking violations and vehicle compliance
25violations as described in this subsection, automated traffic

 

 

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1law violations as defined in Section 11-208.6, 11-208.9, or
211-1201.1, and automated speed enforcement system violations
3as defined in Section 11-208.8. The administrative system
4shall have as its purpose the fair and efficient enforcement
5of municipal or county regulations through the administrative
6adjudication of automated speed enforcement system or
7automated traffic law violations and violations of municipal
8or county ordinances regulating the standing and parking of
9vehicles, the condition and use of vehicle equipment, and the
10display of municipal or county wheel tax licenses within the
11municipality's or county's borders. The administrative system
12shall only have authority to adjudicate civil offenses
13carrying fines not in excess of $500 or requiring the
14completion of a traffic education program, or both, that occur
15after the effective date of the ordinance adopting such a
16system under this Section. For purposes of this Section,
17"compliance violation" means a violation of a municipal or
18county regulation governing the condition or use of equipment
19on a vehicle or governing the display of a municipal or county
20wheel tax license.
21    (b) Any ordinance establishing a system of administrative
22adjudication under this Section shall provide for:
23        (1) A traffic compliance administrator authorized to
24    adopt, distribute, and process parking, compliance, and
25    automated speed enforcement system or automated traffic
26    law violation notices and other notices required by this

 

 

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1    Section, collect money paid as fines and penalties for
2    violation of parking and compliance ordinances and
3    automated speed enforcement system or automated traffic
4    law violations, and operate an administrative adjudication
5    system. The traffic compliance administrator also may make
6    a certified report to the Secretary of State under Section
7    6-306.5.
8        (2) A parking, standing, compliance, automated speed
9    enforcement system, or automated traffic law violation
10    notice that shall specify or include the date, time, and
11    place of violation of a parking, standing, compliance,
12    automated speed enforcement system, or automated traffic
13    law regulation; the particular regulation violated; any
14    requirement to complete a traffic education program; the
15    fine and any penalty that may be assessed for late payment
16    or failure to complete a required traffic education
17    program, or both, when so provided by ordinance; the
18    vehicle make or a photograph of the vehicle; the state
19    registration number of the vehicle; and the identification
20    number of the person issuing the notice. With regard to
21    automated speed enforcement system or automated traffic
22    law violations, vehicle make shall be specified on the
23    automated speed enforcement system or automated traffic
24    law violation notice if the notice does not include a
25    photograph of the vehicle and the make is available and
26    readily discernible. With regard to municipalities or

 

 

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1    counties with a population of 1 million or more, it shall
2    be grounds for dismissal of a parking violation if the
3    state registration number or vehicle make specified is
4    incorrect. The violation notice shall state that the
5    completion of any required traffic education program, the
6    payment of any indicated fine, and the payment of any
7    applicable penalty for late payment or failure to complete
8    a required traffic education program, or both, shall
9    operate as a final disposition of the violation. The
10    notice also shall contain information as to the
11    availability of a hearing in which the violation may be
12    contested on its merits. The violation notice shall
13    specify the time and manner in which a hearing may be had.
14        (3) Service of a parking, standing, or compliance
15    violation notice by: (i) affixing the original or a
16    facsimile of the notice to an unlawfully parked or
17    standing vehicle; (ii) handing the notice to the operator
18    of a vehicle if he or she is present; or (iii) mailing the
19    notice to the address of the registered owner or lessee of
20    the cited vehicle as recorded with the Secretary of State
21    or the lessor of the motor vehicle within 30 days after the
22    Secretary of State or the lessor of the motor vehicle
23    notifies the municipality or county of the identity of the
24    owner or lessee of the vehicle, but not later than 90 days
25    after the date of the violation, except that in the case of
26    a lessee of a motor vehicle, service of a parking,

 

 

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1    standing, or compliance violation notice may occur no
2    later than 210 days after the violation; and service of an
3    automated speed enforcement system or automated traffic
4    law violation notice by mail to the address of the
5    registered owner or lessee of the cited vehicle as
6    recorded with the Secretary of State or the lessor of the
7    motor vehicle within 30 days after the Secretary of State
8    or the lessor of the motor vehicle notifies the
9    municipality or county of the identity of the owner or
10    lessee of the vehicle, but not later than 90 days after the
11    violation, except that in the case of a lessee of a motor
12    vehicle, service of an automated traffic law violation
13    notice may occur no later than 210 days after the
14    violation. A person authorized by ordinance to issue and
15    serve parking, standing, and compliance violation notices
16    shall certify as to the correctness of the facts entered
17    on the violation notice by signing his or her name to the
18    notice at the time of service or, in the case of a notice
19    produced by a computerized device, by signing a single
20    certificate to be kept by the traffic compliance
21    administrator attesting to the correctness of all notices
22    produced by the device while it was under his or her
23    control. In the case of an automated traffic law
24    violation, the ordinance shall require a determination by
25    a technician employed or contracted by the municipality or
26    county that, based on inspection of recorded images, the

 

 

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1    motor vehicle was being operated in violation of Section
2    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
3    the technician determines that the vehicle entered the
4    intersection as part of a funeral procession or in order
5    to yield the right-of-way to an emergency vehicle, a
6    citation shall not be issued. In municipalities with a
7    population of less than 1,000,000 inhabitants and counties
8    with a population of less than 3,000,000 inhabitants, the
9    automated traffic law ordinance shall require that all
10    determinations by a technician that a motor vehicle was
11    being operated in violation of Section 11-208.6, 11-208.9,
12    or 11-1201.1 or a local ordinance must be reviewed and
13    approved by a law enforcement officer or retired law
14    enforcement officer of the municipality or county issuing
15    the violation. In municipalities with a population of
16    1,000,000 or more inhabitants and counties with a
17    population of 3,000,000 or more inhabitants, the automated
18    traffic law ordinance shall require that all
19    determinations by a technician that a motor vehicle was
20    being operated in violation of Section 11-208.6, 11-208.9,
21    or 11-1201.1 or a local ordinance must be reviewed and
22    approved by a law enforcement officer or retired law
23    enforcement officer of the municipality or county issuing
24    the violation or by an additional fully trained
25    fully-trained reviewing technician who is not employed by
26    the contractor who employs the technician who made the

 

 

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1    initial determination. In the case of an automated speed
2    enforcement system violation, the ordinance shall require
3    a determination by a technician employed by the
4    municipality, based upon an inspection of recorded images,
5    video or other documentation, including documentation of
6    the speed limit and automated speed enforcement signage,
7    and documentation of the inspection, calibration, and
8    certification of the speed equipment, that the vehicle was
9    being operated in violation of Article VI of Chapter 11 of
10    this Code or a similar local ordinance. If the technician
11    determines that the vehicle speed was not determined by a
12    calibrated, certified speed equipment device based upon
13    the speed equipment documentation, or if the vehicle was
14    an emergency vehicle, a citation may not be issued. The
15    automated speed enforcement ordinance shall require that
16    all determinations by a technician that a violation
17    occurred be reviewed and approved by a law enforcement
18    officer or retired law enforcement officer of the
19    municipality issuing the violation or by an additional
20    fully trained reviewing technician who is not employed by
21    the contractor who employs the technician who made the
22    initial determination. Routine and independent calibration
23    of the speeds produced by automated speed enforcement
24    systems and equipment shall be conducted annually by a
25    qualified technician. Speeds produced by an automated
26    speed enforcement system shall be compared with speeds

 

 

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1    produced by lidar or other independent equipment. Radar or
2    lidar equipment shall undergo an internal validation test
3    no less frequently than once each week. Qualified
4    technicians shall test loop-based loop based equipment no
5    less frequently than once a year. Radar equipment shall be
6    checked for accuracy by a qualified technician when the
7    unit is serviced, when unusual or suspect readings
8    persist, or when deemed necessary by a reviewing
9    technician. Radar equipment shall be checked with the
10    internal frequency generator and the internal circuit test
11    whenever the radar is turned on. Technicians must be alert
12    for any unusual or suspect readings, and if unusual or
13    suspect readings of a radar unit persist, that unit shall
14    immediately be removed from service and not returned to
15    service until it has been checked by a qualified
16    technician and determined to be functioning properly.
17    Documentation of the annual calibration results, including
18    the equipment tested, test date, technician performing the
19    test, and test results, shall be maintained and available
20    for use in the determination of an automated speed
21    enforcement system violation and issuance of a citation.
22    The technician performing the calibration and testing of
23    the automated speed enforcement equipment shall be trained
24    and certified in the use of equipment for speed
25    enforcement purposes. Training on the speed enforcement
26    equipment may be conducted by law enforcement, civilian,

 

 

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1    or manufacturer's personnel and if applicable may be
2    equivalent to the equipment use and operations training
3    included in the Speed Measuring Device Operator Program
4    developed by the National Highway Traffic Safety
5    Administration (NHTSA). The vendor or technician who
6    performs the work shall keep accurate records on each
7    piece of equipment the technician calibrates and tests. As
8    used in this paragraph, "fully trained fully-trained
9    reviewing technician" means a person who has received at
10    least 40 hours of supervised training in subjects which
11    shall include image inspection and interpretation, the
12    elements necessary to prove a violation, license plate
13    identification, and traffic safety and management. In all
14    municipalities and counties, the automated speed
15    enforcement system or automated traffic law ordinance
16    shall require that no additional fee shall be charged to
17    the alleged violator for exercising his or her right to an
18    administrative hearing, and persons shall be given at
19    least 25 days following an administrative hearing to pay
20    any civil penalty imposed by a finding that Section
21    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
22    local ordinance has been violated. The original or a
23    facsimile of the violation notice or, in the case of a
24    notice produced by a computerized device, a printed record
25    generated by the device showing the facts entered on the
26    notice, shall be retained by the traffic compliance

 

 

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1    administrator, and shall be a record kept in the ordinary
2    course of business. A parking, standing, compliance,
3    automated speed enforcement system, or automated traffic
4    law violation notice issued, signed, and served in
5    accordance with this Section, a copy of the notice, or the
6    computer-generated computer generated record shall be
7    prima facie correct and shall be prima facie evidence of
8    the correctness of the facts shown on the notice. The
9    notice, copy, or computer-generated computer generated
10    record shall be admissible in any subsequent
11    administrative or legal proceedings.
12        (4) An opportunity for a hearing for the registered
13    owner of the vehicle cited in the parking, standing,
14    compliance, automated speed enforcement system, or
15    automated traffic law violation notice in which the owner
16    may contest the merits of the alleged violation, and
17    during which formal or technical rules of evidence shall
18    not apply; provided, however, that under Section 11-1306
19    of this Code the lessee of a vehicle cited in the violation
20    notice likewise shall be provided an opportunity for a
21    hearing of the same kind afforded the registered owner.
22    The hearings shall be recorded, and the person conducting
23    the hearing on behalf of the traffic compliance
24    administrator shall be empowered to administer oaths and
25    to secure by subpoena both the attendance and testimony of
26    witnesses and the production of relevant books and papers.

 

 

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1    Persons appearing at a hearing under this Section may be
2    represented by counsel at their expense. The ordinance may
3    also provide for internal administrative review following
4    the decision of the hearing officer.
5        (5) Service of additional notices, sent by first class
6    United States mail, postage prepaid, to the address of the
7    registered owner of the cited vehicle as recorded with the
8    Secretary of State or, if any notice to that address is
9    returned as undeliverable, to the last known address
10    recorded in a United States Post Office approved database,
11    or, under Section 11-1306 or subsection (p) of Section
12    11-208.6 or 11-208.9, or subsection (p) of Section
13    11-208.8 of this Code, to the lessee of the cited vehicle
14    at the last address known to the lessor of the cited
15    vehicle at the time of lease or, if any notice to that
16    address is returned as undeliverable, to the last known
17    address recorded in a United States Post Office approved
18    database. The service shall be deemed complete as of the
19    date of deposit in the United States mail. The notices
20    shall be in the following sequence and shall include, but
21    not be limited to, the information specified herein:
22            (i) A second notice of parking, standing, or
23        compliance violation if the first notice of the
24        violation was issued by affixing the original or a
25        facsimile of the notice to the unlawfully parked
26        vehicle or by handing the notice to the operator. This

 

 

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1        notice shall specify or include the date and location
2        of the violation cited in the parking, standing, or
3        compliance violation notice, the particular regulation
4        violated, the vehicle make or a photograph of the
5        vehicle, the state registration number of the vehicle,
6        any requirement to complete a traffic education
7        program, the fine and any penalty that may be assessed
8        for late payment or failure to complete a traffic
9        education program, or both, when so provided by
10        ordinance, the availability of a hearing in which the
11        violation may be contested on its merits, and the time
12        and manner in which the hearing may be had. The notice
13        of violation shall also state that failure to complete
14        a required traffic education program, to pay the
15        indicated fine and any applicable penalty, or to
16        appear at a hearing on the merits in the time and
17        manner specified, will result in a final determination
18        of violation liability for the cited violation in the
19        amount of the fine or penalty indicated, and that,
20        upon the occurrence of a final determination of
21        violation liability for the failure, and the
22        exhaustion of, or failure to exhaust, available
23        administrative or judicial procedures for review, any
24        incomplete traffic education program or any unpaid
25        fine or penalty, or both, will constitute a debt due
26        and owing the municipality or county.

 

 

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1            (ii) A notice of final determination of parking,
2        standing, compliance, automated speed enforcement
3        system, or automated traffic law violation liability.
4        This notice shall be sent following a final
5        determination of parking, standing, compliance,
6        automated speed enforcement system, or automated
7        traffic law violation liability and the conclusion of
8        judicial review procedures taken under this Section.
9        The notice shall state that the incomplete traffic
10        education program or the unpaid fine or penalty, or
11        both, is a debt due and owing the municipality or
12        county. The notice shall contain warnings that failure
13        to complete any required traffic education program or
14        to pay any fine or penalty due and owing the
15        municipality or county, or both, within the time
16        specified may result in the municipality's or county's
17        filing of a petition in the Circuit Court to have the
18        incomplete traffic education program or unpaid fine or
19        penalty, or both, rendered a judgment as provided by
20        this Section, or, where applicable, may result in
21        suspension of the person's driver's drivers license
22        for failure to complete a traffic education program or
23        to pay fines or penalties, or both, for 5 or more
24        automated traffic law violations under Section
25        11-208.6 or 11-208.9 or automated speed enforcement
26        system violations under Section 11-208.8.

 

 

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1        (6) A notice of impending driver's drivers license
2    suspension. This notice shall be sent to the person liable
3    for failure to complete a required traffic education
4    program or to pay any fine or penalty that remains due and
5    owing, or both, on 5 or more unpaid automated speed
6    enforcement system or automated traffic law violations.
7    The notice shall state that failure to complete a required
8    traffic education program or to pay the fine or penalty
9    owing, or both, within 45 days of the notice's date will
10    result in the municipality or county notifying the
11    Secretary of State that the person is eligible for
12    initiation of suspension proceedings under Section 6-306.5
13    of this Code. The notice shall also state that the person
14    may obtain a photostatic copy of an original ticket
15    imposing a fine or penalty by sending a self-addressed
16    self addressed, stamped envelope to the municipality or
17    county along with a request for the photostatic copy. The
18    notice of impending driver's drivers license suspension
19    shall be sent by first class United States mail, postage
20    prepaid, to the address recorded with the Secretary of
21    State or, if any notice to that address is returned as
22    undeliverable, to the last known address recorded in a
23    United States Post Office approved database.
24        (7) Final determinations of violation liability. A
25    final determination of violation liability shall occur
26    following failure to complete the required traffic

 

 

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1    education program or to pay the fine or penalty, or both,
2    after a hearing officer's determination of violation
3    liability and the exhaustion of or failure to exhaust any
4    administrative review procedures provided by ordinance.
5    Where a person fails to appear at a hearing to contest the
6    alleged violation in the time and manner specified in a
7    prior mailed notice, the hearing officer's determination
8    of violation liability shall become final: (A) upon denial
9    of a timely petition to set aside that determination, or
10    (B) upon expiration of the period for filing the petition
11    without a filing having been made.
12        (8) A petition to set aside a determination of
13    parking, standing, compliance, automated speed enforcement
14    system, or automated traffic law violation liability that
15    may be filed by a person owing an unpaid fine or penalty. A
16    petition to set aside a determination of liability may
17    also be filed by a person required to complete a traffic
18    education program. The petition shall be filed with and
19    ruled upon by the traffic compliance administrator in the
20    manner and within the time specified by ordinance. The
21    grounds for the petition may be limited to: (A) the person
22    not having been the owner or lessee of the cited vehicle on
23    the date the violation notice was issued, (B) the person
24    having already completed the required traffic education
25    program or paid the fine or penalty, or both, for the
26    violation in question, and (C) excusable failure to appear

 

 

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1    at or request a new date for a hearing. With regard to
2    municipalities or counties with a population of 1 million
3    or more, it shall be grounds for dismissal of a parking
4    violation if the state registration number or vehicle
5    make, only if specified in the violation notice, is
6    incorrect. After the determination of parking, standing,
7    compliance, automated speed enforcement system, or
8    automated traffic law violation liability has been set
9    aside upon a showing of just cause, the registered owner
10    shall be provided with a hearing on the merits for that
11    violation.
12        (9) Procedures for non-residents. Procedures by which
13    persons who are not residents of the municipality or
14    county may contest the merits of the alleged violation
15    without attending a hearing.
16        (10) A schedule of civil fines for violations of
17    vehicular standing, parking, compliance, automated speed
18    enforcement system, or automated traffic law regulations
19    enacted by ordinance pursuant to this Section, and a
20    schedule of penalties for late payment of the fines or
21    failure to complete required traffic education programs,
22    provided, however, that the total amount of the fine and
23    penalty for any one violation shall not exceed $250,
24    except as provided in subsection (c) of Section 11-1301.3
25    of this Code.
26        (11) Other provisions as are necessary and proper to

 

 

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1    carry into effect the powers granted and purposes stated
2    in this Section.
3    (c) Any municipality or county establishing vehicular
4standing, parking, compliance, automated speed enforcement
5system, or automated traffic law regulations under this
6Section may also provide by ordinance for a program of vehicle
7immobilization for the purpose of facilitating enforcement of
8those regulations. The program of vehicle immobilization shall
9provide for immobilizing any eligible vehicle upon the public
10way by presence of a restraint in a manner to prevent operation
11of the vehicle. Any ordinance establishing a program of
12vehicle immobilization under this Section shall provide:
13        (1) Criteria for the designation of vehicles eligible
14    for immobilization. A vehicle shall be eligible for
15    immobilization when the registered owner of the vehicle
16    has accumulated the number of incomplete traffic education
17    programs or unpaid final determinations of parking,
18    standing, compliance, automated speed enforcement system,
19    or automated traffic law violation liability, or both, as
20    determined by ordinance.
21        (2) A notice of impending vehicle immobilization and a
22    right to a hearing to challenge the validity of the notice
23    by disproving liability for the incomplete traffic
24    education programs or unpaid final determinations of
25    parking, standing, compliance, automated speed enforcement
26    system, or automated traffic law violation liability, or

 

 

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1    both, listed on the notice.
2        (3) The right to a prompt hearing after a vehicle has
3    been immobilized or subsequently towed without the
4    completion of the required traffic education program or
5    payment of the outstanding fines and penalties on parking,
6    standing, compliance, automated speed enforcement system,
7    or automated traffic law violations, or both, for which
8    final determinations have been issued. An order issued
9    after the hearing is a final administrative decision
10    within the meaning of Section 3-101 of the Code of Civil
11    Procedure.
12        (4) A post immobilization and post-towing notice
13    advising the registered owner of the vehicle of the right
14    to a hearing to challenge the validity of the impoundment.
15    (d) Judicial review of final determinations of parking,
16standing, compliance, automated speed enforcement system, or
17automated traffic law violations and final administrative
18decisions issued after hearings regarding vehicle
19immobilization and impoundment made under this Section shall
20be subject to the provisions of the Administrative Review Law.
21    (e) Any fine, penalty, incomplete traffic education
22program, or part of any fine or any penalty remaining unpaid
23after the exhaustion of, or the failure to exhaust,
24administrative remedies created under this Section and the
25conclusion of any judicial review procedures shall be a debt
26due and owing the municipality or county and, as such, may be

 

 

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1collected in accordance with applicable law. Completion of any
2required traffic education program and payment in full of any
3fine or penalty resulting from a standing, parking,
4compliance, automated speed enforcement system, or automated
5traffic law violation shall constitute a final disposition of
6that violation.
7    (f) After the expiration of the period within which
8judicial review may be sought for a final determination of
9parking, standing, compliance, automated speed enforcement
10system, or automated traffic law violation, the municipality
11or county may commence a proceeding in the Circuit Court for
12purposes of obtaining a judgment on the final determination of
13violation. Nothing in this Section shall prevent a
14municipality or county from consolidating multiple final
15determinations of parking, standing, compliance, automated
16speed enforcement system, or automated traffic law violations
17against a person in a proceeding. Upon commencement of the
18action, the municipality or county shall file a certified copy
19or record of the final determination of parking, standing,
20compliance, automated speed enforcement system, or automated
21traffic law violation, which shall be accompanied by a
22certification that recites facts sufficient to show that the
23final determination of violation was issued in accordance with
24this Section and the applicable municipal or county ordinance.
25Service of the summons and a copy of the petition may be by any
26method provided by Section 2-203 of the Code of Civil

 

 

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1Procedure or by certified mail, return receipt requested,
2provided that the total amount of fines and penalties for
3final determinations of parking, standing, compliance,
4automated speed enforcement system, or automated traffic law
5violations does not exceed $2500. If the court is satisfied
6that the final determination of parking, standing, compliance,
7automated speed enforcement system, or automated traffic law
8violation was entered in accordance with the requirements of
9this Section and the applicable municipal or county ordinance,
10and that the registered owner or the lessee, as the case may
11be, had an opportunity for an administrative hearing and for
12judicial review as provided in this Section, the court shall
13render judgment in favor of the municipality or county and
14against the registered owner or the lessee for the amount
15indicated in the final determination of parking, standing,
16compliance, automated speed enforcement system, or automated
17traffic law violation, plus costs. The judgment shall have the
18same effect and may be enforced in the same manner as other
19judgments for the recovery of money.
20    (g) The fee for participating in a traffic education
21program under this Section shall not exceed $25.
22    A low-income individual required to complete a traffic
23education program under this Section who provides proof of
24eligibility for the federal earned income tax credit under
25Section 32 of the Internal Revenue Code or the Illinois earned
26income tax credit under Section 212 of the Illinois Income Tax

 

 

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1Act shall not be required to pay any fee for participating in a
2required traffic education program.
3(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
4revised 12-21-20.)
 
5    (625 ILCS 5/11-208.6)
6    Sec. 11-208.6. Automated traffic law enforcement system.
7    (a) As used in this Section, "automated traffic law
8enforcement system" means a device with one or more motor
9vehicle sensors working in conjunction with a red light signal
10to produce recorded images of motor vehicles entering an
11intersection against a red signal indication in violation of
12Section 11-306 of this Code or a similar provision of a local
13ordinance.
14    An automated traffic law enforcement system is a system,
15in a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21    (b) As used in this Section, "recorded images" means
22images recorded by an automated traffic law enforcement system
23on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;

 

 

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1        (3) 2 or more electronic images; or
2        (4) a video recording showing the motor vehicle and,
3    on at least one image or portion of the recording, clearly
4    identifying the registration plate or digital registration
5    plate number of the motor vehicle.
6    (b-5) A municipality or county that produces a recorded
7image of a motor vehicle's violation of a provision of this
8Code or a local ordinance must make the recorded images of a
9violation accessible to the alleged violator by providing the
10alleged violator with a website address, accessible through
11the Internet.
12    (c) Except as provided under Section 11-208.8 of this
13Code, a county or municipality, including a home rule county
14or municipality, may not use an automated traffic law
15enforcement system to provide recorded images of a motor
16vehicle for the purpose of recording its speed. Except as
17provided under Section 11-208.8 of this Code, the regulation
18of the use of automated traffic law enforcement systems to
19record vehicle speeds is an exclusive power and function of
20the State. This subsection (c) is a denial and limitation of
21home rule powers and functions under subsection (h) of Section
226 of Article VII of the Illinois Constitution.
23    (c-5) A county or municipality, including a home rule
24county or municipality, may not use an automated traffic law
25enforcement system to issue violations in instances where the
26motor vehicle comes to a complete stop and does not enter the

 

 

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1intersection, as defined by Section 1-132 of this Code, during
2the cycle of the red signal indication unless one or more
3pedestrians or bicyclists are present, even if the motor
4vehicle stops at a point past a stop line or crosswalk where a
5driver is required to stop, as specified in subsection (c) of
6Section 11-306 of this Code or a similar provision of a local
7ordinance.
8    (c-6) A county, or a municipality with less than 2,000,000
9inhabitants, including a home rule county or municipality, may
10not use an automated traffic law enforcement system to issue
11violations in instances where a motorcyclist enters an
12intersection against a red signal indication when the red
13signal fails to change to a green signal within a reasonable
14period of time not less than 120 seconds because of a signal
15malfunction or because the signal has failed to detect the
16arrival of the motorcycle due to the motorcycle's size or
17weight.
18    (d) For each violation of a provision of this Code or a
19local ordinance recorded by an automatic traffic law
20enforcement system, the county or municipality having
21jurisdiction shall issue a written notice of the violation to
22the registered owner of the vehicle as the alleged violator.
23The notice shall be delivered to the registered owner of the
24vehicle, by mail, within 30 days after the Secretary of State
25notifies the municipality or county of the identity of the
26owner of the vehicle, but in no event later than 90 days after

 

 

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1the violation.
2    The notice shall include:
3        (1) the name and address of the registered owner of
4    the vehicle;
5        (2) the registration number of the motor vehicle
6    involved in the violation;
7        (3) the violation charged;
8        (4) the location where the violation occurred;
9        (5) the date and time of the violation;
10        (6) a copy of the recorded images;
11        (7) the amount of the civil penalty imposed and the
12    requirements of any traffic education program imposed and
13    the date by which the civil penalty should be paid and the
14    traffic education program should be completed;
15        (8) a statement that recorded images are evidence of a
16    violation of a red light signal;
17        (9) a warning that failure to pay the civil penalty,
18    to complete a required traffic education program, or to
19    contest liability in a timely manner is an admission of
20    liability and may result in a suspension of the driving
21    privileges of the registered owner of the vehicle;
22        (10) a statement that the person may elect to proceed
23    by:
24            (A) paying the fine, completing a required traffic
25        education program, or both; or
26            (B) challenging the charge in court, by mail, or

 

 

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1        by administrative hearing; and
2        (11) a website address, accessible through the
3    Internet, where the person may view the recorded images of
4    the violation.
5    (e) (Blank). If a person charged with a traffic violation,
6as a result of an automated traffic law enforcement system,
7does not pay the fine or complete a required traffic education
8program, or both, or successfully contest the civil penalty
9resulting from that violation, the Secretary of State shall
10suspend the driving privileges of the registered owner of the
11vehicle under Section 6-306.5 of this Code for failing to
12complete a required traffic education program or to pay any
13fine or penalty due and owing, or both, as a result of a
14combination of 5 violations of the automated traffic law
15enforcement system or the automated speed enforcement system
16under Section 11-208.8 of this Code.
17    (f) Based on inspection of recorded images produced by an
18automated traffic law enforcement system, a notice alleging
19that the violation occurred shall be evidence of the facts
20contained in the notice and admissible in any proceeding
21alleging a violation under this Section.
22    (g) Recorded images made by an automatic traffic law
23enforcement system are confidential and shall be made
24available only to the alleged violator and governmental and
25law enforcement agencies for purposes of adjudicating a
26violation of this Section, for statistical purposes, or for

 

 

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1other governmental purposes. Any recorded image evidencing a
2violation of this Section, however, may be admissible in any
3proceeding resulting from the issuance of the citation.
4    (h) The court or hearing officer may consider in defense
5of a violation:
6        (1) that the motor vehicle or registration plates or
7    digital registration plates of the motor vehicle were
8    stolen before the violation occurred and not under the
9    control of or in the possession of the owner at the time of
10    the violation;
11        (2) that the driver of the vehicle passed through the
12    intersection when the light was red either (i) in order to
13    yield the right-of-way to an emergency vehicle or (ii) as
14    part of a funeral procession; and
15        (3) any other evidence or issues provided by municipal
16    or county ordinance.
17    (i) To demonstrate that the motor vehicle or the
18registration plates or digital registration plates were stolen
19before the violation occurred and were not under the control
20or possession of the owner at the time of the violation, the
21owner must submit proof that a report concerning the stolen
22motor vehicle or registration plates was filed with a law
23enforcement agency in a timely manner.
24    (j) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

 

 

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1penalty not exceeding $100 or the completion of a traffic
2education program, or both, plus an additional penalty of not
3more than $100 for failure to pay the original penalty or to
4complete a required traffic education program, or both, in a
5timely manner, if the motor vehicle is recorded by an
6automated traffic law enforcement system. A violation for
7which a civil penalty is imposed under this Section is not a
8violation of a traffic regulation governing the movement of
9vehicles and may not be recorded on the driving record of the
10owner of the vehicle.
11    (j-3) A registered owner who is a holder of a valid
12commercial driver's license is not required to complete a
13traffic education program.
14    (j-5) For purposes of the required traffic education
15program only, a registered owner may submit an affidavit to
16the court or hearing officer swearing that at the time of the
17alleged violation, the vehicle was in the custody and control
18of another person. The affidavit must identify the person in
19custody and control of the vehicle, including the person's
20name and current address. The person in custody and control of
21the vehicle at the time of the violation is required to
22complete the required traffic education program. If the person
23in custody and control of the vehicle at the time of the
24violation completes the required traffic education program,
25the registered owner of the vehicle is not required to
26complete a traffic education program.

 

 

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1    (k) An intersection equipped with an automated traffic law
2enforcement system must be posted with a sign visible to
3approaching traffic indicating that the intersection is being
4monitored by an automated traffic law enforcement system.
5    (k-3) A municipality or county that has one or more
6intersections equipped with an automated traffic law
7enforcement system must provide notice to drivers by posting
8the locations of automated traffic law systems on the
9municipality or county website.
10    (k-5) An intersection equipped with an automated traffic
11law enforcement system must have a yellow change interval that
12conforms with the Illinois Manual on Uniform Traffic Control
13Devices (IMUTCD) published by the Illinois Department of
14Transportation.
15    (k-7) A municipality or county operating an automated
16traffic law enforcement system shall conduct a statistical
17analysis to assess the safety impact of each automated traffic
18law enforcement system at an intersection following
19installation of the system. The statistical analysis shall be
20based upon the best available crash, traffic, and other data,
21and shall cover a period of time before and after installation
22of the system sufficient to provide a statistically valid
23comparison of safety impact. The statistical analysis shall be
24consistent with professional judgment and acceptable industry
25practice. The statistical analysis also shall be consistent
26with the data required for valid comparisons of before and

 

 

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1after conditions and shall be conducted within a reasonable
2period following the installation of the automated traffic law
3enforcement system. The statistical analysis required by this
4subsection (k-7) shall be made available to the public and
5shall be published on the website of the municipality or
6county. If the statistical analysis for the 36 month period
7following installation of the system indicates that there has
8been an increase in the rate of accidents at the approach to
9the intersection monitored by the system, the municipality or
10county shall undertake additional studies to determine the
11cause and severity of the accidents, and may take any action
12that it determines is necessary or appropriate to reduce the
13number or severity of the accidents at that intersection.
14    (l) The compensation paid for an automated traffic law
15enforcement system must be based on the value of the equipment
16or the services provided and may not be based on the number of
17traffic citations issued or the revenue generated by the
18system.
19    (m) This Section applies only to the counties of Cook,
20DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
21to municipalities located within those counties.
22    (n) The fee for participating in a traffic education
23program under this Section shall not exceed $25.
24    A low-income individual required to complete a traffic
25education program under this Section who provides proof of
26eligibility for the federal earned income tax credit under

 

 

HB3345- 32 -LRB102 15148 RAM 20503 b

1Section 32 of the Internal Revenue Code or the Illinois earned
2income tax credit under Section 212 of the Illinois Income Tax
3Act shall not be required to pay any fee for participating in a
4required traffic education program.
5    (o) (Blank). A municipality or county shall make a
6certified report to the Secretary of State pursuant to Section
76-306.5 of this Code whenever a registered owner of a vehicle
8has failed to pay any fine or penalty due and owing as a result
9of a combination of 5 offenses for automated traffic law or
10speed enforcement system violations.
11    (p) No person who is the lessor of a motor vehicle pursuant
12to a written lease agreement shall be liable for an automated
13speed or traffic law enforcement system violation involving
14such motor vehicle during the period of the lease; provided
15that upon the request of the appropriate authority received
16within 120 days after the violation occurred, the lessor
17provides within 60 days after such receipt the name and
18address of the lessee. The drivers license number of a lessee
19may be subsequently individually requested by the appropriate
20authority if needed for enforcement of this Section.
21    Upon the provision of information by the lessor pursuant
22to this subsection, the county or municipality may issue the
23violation to the lessee of the vehicle in the same manner as it
24would issue a violation to a registered owner of a vehicle
25pursuant to this Section, and the lessee may be held liable for
26the violation.

 

 

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1(Source: P.A. 101-395, eff. 8-16-19.)
 
2    (625 ILCS 5/11-208.8)
3    Sec. 11-208.8. Automated speed enforcement systems in
4safety zones.
5    (a) As used in this Section:
6    "Automated speed enforcement system" means a photographic
7device, radar device, laser device, or other electrical or
8mechanical device or devices installed or utilized in a safety
9zone and designed to record the speed of a vehicle and obtain a
10clear photograph or other recorded image of the vehicle and
11the vehicle's registration plate or digital registration plate
12while the driver is violating Article VI of Chapter 11 of this
13Code or a similar provision of a local ordinance.
14    An automated speed enforcement system is a system, located
15in a safety zone which is under the jurisdiction of a
16municipality, that produces a recorded image of a motor
17vehicle's violation of a provision of this Code or a local
18ordinance and is designed to obtain a clear recorded image of
19the vehicle and the vehicle's license plate. The recorded
20image must also display the time, date, and location of the
21violation.
22    "Owner" means the person or entity to whom the vehicle is
23registered.
24    "Recorded image" means images recorded by an automated
25speed enforcement system on:

 

 

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1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and,
5    on at least one image or portion of the recording, clearly
6    identifying the registration plate or digital registration
7    plate number of the motor vehicle.
8    "Safety zone" means an area that is within one-eighth of a
9mile from the nearest property line of any public or private
10elementary or secondary school, or from the nearest property
11line of any facility, area, or land owned by a school district
12that is used for educational purposes approved by the Illinois
13State Board of Education, not including school district
14headquarters or administrative buildings. A safety zone also
15includes an area that is within one-eighth of a mile from the
16nearest property line of any facility, area, or land owned by a
17park district used for recreational purposes. However, if any
18portion of a roadway is within either one-eighth mile radius,
19the safety zone also shall include the roadway extended to the
20furthest portion of the next furthest intersection. The term
21"safety zone" does not include any portion of the roadway
22known as Lake Shore Drive or any controlled access highway
23with 8 or more lanes of traffic.
24    (a-5) The automated speed enforcement system shall be
25operational and violations shall be recorded only at the
26following times:

 

 

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1        (i) if the safety zone is based upon the property line
2    of any facility, area, or land owned by a school district,
3    only on school days and no earlier than 6 a.m. and no later
4    than 8:30 p.m. if the school day is during the period of
5    Monday through Thursday, or 9 p.m. if the school day is a
6    Friday; and
7        (ii) if the safety zone is based upon the property
8    line of any facility, area, or land owned by a park
9    district, no earlier than one hour prior to the time that
10    the facility, area, or land is open to the public or other
11    patrons, and no later than one hour after the facility,
12    area, or land is closed to the public or other patrons.
13    (b) A municipality that produces a recorded image of a
14motor vehicle's violation of a provision of this Code or a
15local ordinance must make the recorded images of a violation
16accessible to the alleged violator by providing the alleged
17violator with a website address, accessible through the
18Internet.
19    (c) Notwithstanding any penalties for any other violations
20of this Code, the owner of a motor vehicle used in a traffic
21violation recorded by an automated speed enforcement system
22shall be subject to the following penalties:
23        (1) if the recorded speed is no less than 6 miles per
24    hour and no more than 10 miles per hour over the legal
25    speed limit, a civil penalty not exceeding $50, plus an
26    additional penalty of not more than $50 for failure to pay

 

 

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1    the original penalty in a timely manner; or
2        (2) if the recorded speed is more than 10 miles per
3    hour over the legal speed limit, a civil penalty not
4    exceeding $100, plus an additional penalty of not more
5    than $100 for failure to pay the original penalty in a
6    timely manner.
7    A penalty may not be imposed under this Section if the
8driver of the motor vehicle received a Uniform Traffic
9Citation from a police officer for a speeding violation
10occurring within one-eighth of a mile and 15 minutes of the
11violation that was recorded by the system. A violation for
12which a civil penalty is imposed under this Section is not a
13violation of a traffic regulation governing the movement of
14vehicles and may not be recorded on the driving record of the
15owner of the vehicle. A law enforcement officer is not
16required to be present or to witness the violation. No penalty
17may be imposed under this Section if the recorded speed of a
18vehicle is 5 miles per hour or less over the legal speed limit.
19The municipality may send, in the same manner that notices are
20sent under this Section, a speed violation warning notice
21where the violation involves a speed of 5 miles per hour or
22less above the legal speed limit.
23    (d) The net proceeds that a municipality receives from
24civil penalties imposed under an automated speed enforcement
25system, after deducting all non-personnel and personnel costs
26associated with the operation and maintenance of such system,

 

 

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1shall be expended or obligated by the municipality for the
2following purposes:
3        (i) public safety initiatives to ensure safe passage
4    around schools, and to provide police protection and
5    surveillance around schools and parks, including but not
6    limited to: (1) personnel costs; and (2) non-personnel
7    costs such as construction and maintenance of public
8    safety infrastructure and equipment;
9        (ii) initiatives to improve pedestrian and traffic
10    safety;
11        (iii) construction and maintenance of infrastructure
12    within the municipality, including but not limited to
13    roads and bridges; and
14        (iv) after school programs.
15    (e) For each violation of a provision of this Code or a
16local ordinance recorded by an automated speed enforcement
17system, the municipality having jurisdiction shall issue a
18written notice of the violation to the registered owner of the
19vehicle as the alleged violator. The notice shall be delivered
20to the registered owner of the vehicle, by mail, within 30 days
21after the Secretary of State notifies the municipality of the
22identity of the owner of the vehicle, but in no event later
23than 90 days after the violation.
24    (f) The notice required under subsection (e) of this
25Section shall include:
26        (1) the name and address of the registered owner of

 

 

HB3345- 38 -LRB102 15148 RAM 20503 b

1    the vehicle;
2        (2) the registration number of the motor vehicle
3    involved in the violation;
4        (3) the violation charged;
5        (4) the date, time, and location where the violation
6    occurred;
7        (5) a copy of the recorded image or images;
8        (6) the amount of the civil penalty imposed and the
9    date by which the civil penalty should be paid;
10        (7) a statement that recorded images are evidence of a
11    violation of a speed restriction;
12        (8) a warning that failure to pay the civil penalty or
13    to contest liability in a timely manner is an admission of
14    liability and may result in a suspension of the driving
15    privileges of the registered owner of the vehicle;
16        (9) a statement that the person may elect to proceed
17    by:
18            (A) paying the fine; or
19            (B) challenging the charge in court, by mail, or
20        by administrative hearing; and
21        (10) a website address, accessible through the
22    Internet, where the person may view the recorded images of
23    the violation.
24    (g) (Blank). If a person charged with a traffic violation,
25as a result of an automated speed enforcement system, does not
26pay the fine or successfully contest the civil penalty

 

 

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1resulting from that violation, the Secretary of State shall
2suspend the driving privileges of the registered owner of the
3vehicle under Section 6-306.5 of this Code for failing to pay
4any fine or penalty due and owing, or both, as a result of a
5combination of 5 violations of the automated speed enforcement
6system or the automated traffic law under Section 11-208.6 of
7this Code.
8    (h) Based on inspection of recorded images produced by an
9automated speed enforcement system, a notice alleging that the
10violation occurred shall be evidence of the facts contained in
11the notice and admissible in any proceeding alleging a
12violation under this Section.
13    (i) Recorded images made by an automated speed enforcement
14system are confidential and shall be made available only to
15the alleged violator and governmental and law enforcement
16agencies for purposes of adjudicating a violation of this
17Section, for statistical purposes, or for other governmental
18purposes. Any recorded image evidencing a violation of this
19Section, however, may be admissible in any proceeding
20resulting from the issuance of the citation.
21    (j) The court or hearing officer may consider in defense
22of a violation:
23        (1) that the motor vehicle or registration plates or
24    digital registration plates of the motor vehicle were
25    stolen before the violation occurred and not under the
26    control or in the possession of the owner at the time of

 

 

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1    the violation;
2        (2) that the driver of the motor vehicle received a
3    Uniform Traffic Citation from a police officer for a
4    speeding violation occurring within one-eighth of a mile
5    and 15 minutes of the violation that was recorded by the
6    system; and
7        (3) any other evidence or issues provided by municipal
8    ordinance.
9    (k) To demonstrate that the motor vehicle or the
10registration plates or digital registration plates were stolen
11before the violation occurred and were not under the control
12or possession of the owner at the time of the violation, the
13owner must submit proof that a report concerning the stolen
14motor vehicle or registration plates was filed with a law
15enforcement agency in a timely manner.
16    (l) A roadway equipped with an automated speed enforcement
17system shall be posted with a sign conforming to the national
18Manual on Uniform Traffic Control Devices that is visible to
19approaching traffic stating that vehicle speeds are being
20photo-enforced and indicating the speed limit. The
21municipality shall install such additional signage as it
22determines is necessary to give reasonable notice to drivers
23as to where automated speed enforcement systems are installed.
24    (m) A roadway where a new automated speed enforcement
25system is installed shall be posted with signs providing 30
26days notice of the use of a new automated speed enforcement

 

 

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1system prior to the issuance of any citations through the
2automated speed enforcement system.
3    (n) The compensation paid for an automated speed
4enforcement system must be based on the value of the equipment
5or the services provided and may not be based on the number of
6traffic citations issued or the revenue generated by the
7system.
8    (o) (Blank). A municipality shall make a certified report
9to the Secretary of State pursuant to Section 6-306.5 of this
10Code whenever a registered owner of a vehicle has failed to pay
11any fine or penalty due and owing as a result of a combination
12of 5 offenses for automated speed or traffic law enforcement
13system violations.
14    (p) No person who is the lessor of a motor vehicle pursuant
15to a written lease agreement shall be liable for an automated
16speed or traffic law enforcement system violation involving
17such motor vehicle during the period of the lease; provided
18that upon the request of the appropriate authority received
19within 120 days after the violation occurred, the lessor
20provides within 60 days after such receipt the name and
21address of the lessee. The drivers license number of a lessee
22may be subsequently individually requested by the appropriate
23authority if needed for enforcement of this Section.
24    Upon the provision of information by the lessor pursuant
25to this subsection, the municipality may issue the violation
26to the lessee of the vehicle in the same manner as it would

 

 

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1issue a violation to a registered owner of a vehicle pursuant
2to this Section, and the lessee may be held liable for the
3violation.
4    (q) A municipality using an automated speed enforcement
5system must provide notice to drivers by publishing the
6locations of all safety zones where system equipment is
7installed on the website of the municipality.
8    (r) A municipality operating an automated speed
9enforcement system shall conduct a statistical analysis to
10assess the safety impact of the system. The statistical
11analysis shall be based upon the best available crash,
12traffic, and other data, and shall cover a period of time
13before and after installation of the system sufficient to
14provide a statistically valid comparison of safety impact. The
15statistical analysis shall be consistent with professional
16judgment and acceptable industry practice. The statistical
17analysis also shall be consistent with the data required for
18valid comparisons of before and after conditions and shall be
19conducted within a reasonable period following the
20installation of the automated traffic law enforcement system.
21The statistical analysis required by this subsection shall be
22made available to the public and shall be published on the
23website of the municipality.
24    (s) This Section applies only to municipalities with a
25population of 1,000,000 or more inhabitants.
26(Source: P.A. 101-395, eff. 8-16-19.)
 

 

 

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1    (625 ILCS 5/11-208.9)
2    Sec. 11-208.9. Automated traffic law enforcement system;
3approaching, overtaking, and passing a school bus.
4    (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with the visual signals
7on a school bus, as specified in Sections 12-803 and 12-805 of
8this Code, to produce recorded images of motor vehicles that
9fail to stop before meeting or overtaking, from either
10direction, any school bus stopped at any location for the
11purpose of receiving or discharging pupils in violation of
12Section 11-1414 of this Code or a similar provision of a local
13ordinance.
14    An automated traffic law enforcement system is a system,
15in a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21    (b) As used in this Section, "recorded images" means
22images recorded by an automated traffic law enforcement system
23on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;

 

 

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1        (3) 2 or more electronic images; or
2        (4) a video recording showing the motor vehicle and,
3    on at least one image or portion of the recording, clearly
4    identifying the registration plate or digital registration
5    plate number of the motor vehicle.
6    (c) A municipality or county that produces a recorded
7image of a motor vehicle's violation of a provision of this
8Code or a local ordinance must make the recorded images of a
9violation accessible to the alleged violator by providing the
10alleged violator with a website address, accessible through
11the Internet.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automated traffic law
14enforcement system, the county or municipality having
15jurisdiction shall issue a written notice of the violation to
16the registered owner of the vehicle as the alleged violator.
17The notice shall be delivered to the registered owner of the
18vehicle, by mail, within 30 days after the Secretary of State
19notifies the municipality or county of the identity of the
20owner of the vehicle, but in no event later than 90 days after
21the violation.
22    (e) The notice required under subsection (d) shall
23include:
24        (1) the name and address of the registered owner of
25    the vehicle;
26        (2) the registration number of the motor vehicle

 

 

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1    involved in the violation;
2        (3) the violation charged;
3        (4) the location where the violation occurred;
4        (5) the date and time of the violation;
5        (6) a copy of the recorded images;
6        (7) the amount of the civil penalty imposed and the
7    date by which the civil penalty should be paid;
8        (8) a statement that recorded images are evidence of a
9    violation of overtaking or passing a school bus stopped
10    for the purpose of receiving or discharging pupils;
11        (9) a warning that failure to pay the civil penalty or
12    to contest liability in a timely manner is an admission of
13    liability and may result in a suspension of the driving
14    privileges of the registered owner of the vehicle;
15        (10) a statement that the person may elect to proceed
16    by:
17            (A) paying the fine; or
18            (B) challenging the charge in court, by mail, or
19        by administrative hearing; and
20        (11) a website address, accessible through the
21    Internet, where the person may view the recorded images of
22    the violation.
23    (f) (Blank). If a person charged with a traffic violation,
24as a result of an automated traffic law enforcement system
25under this Section, does not pay the fine or successfully
26contest the civil penalty resulting from that violation, the

 

 

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1Secretary of State shall suspend the driving privileges of the
2registered owner of the vehicle under Section 6-306.5 of this
3Code for failing to pay any fine or penalty due and owing as a
4result of a combination of 5 violations of the automated
5traffic law enforcement system or the automated speed
6enforcement system under Section 11-208.8 of this Code.
7    (g) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12    (h) Recorded images made by an automated traffic law
13enforcement system are confidential and shall be made
14available only to the alleged violator and governmental and
15law enforcement agencies for purposes of adjudicating a
16violation of this Section, for statistical purposes, or for
17other governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20    (i) The court or hearing officer may consider in defense
21of a violation:
22        (1) that the motor vehicle or registration plates or
23    digital registration plates of the motor vehicle were
24    stolen before the violation occurred and not under the
25    control of or in the possession of the owner at the time of
26    the violation;

 

 

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1        (2) that the driver of the motor vehicle received a
2    Uniform Traffic Citation from a police officer for a
3    violation of Section 11-1414 of this Code within
4    one-eighth of a mile and 15 minutes of the violation that
5    was recorded by the system;
6        (3) that the visual signals required by Sections
7    12-803 and 12-805 of this Code were damaged, not
8    activated, not present in violation of Sections 12-803 and
9    12-805, or inoperable; and
10        (4) any other evidence or issues provided by municipal
11    or county ordinance.
12    (j) To demonstrate that the motor vehicle or the
13registration plates or digital registration plates were stolen
14before the violation occurred and were not under the control
15or possession of the owner at the time of the violation, the
16owner must submit proof that a report concerning the stolen
17motor vehicle or registration plates was filed with a law
18enforcement agency in a timely manner.
19    (k) Unless the driver of the motor vehicle received a
20Uniform Traffic Citation from a police officer at the time of
21the violation, the motor vehicle owner is subject to a civil
22penalty not exceeding $150 for a first time violation or $500
23for a second or subsequent violation, plus an additional
24penalty of not more than $100 for failure to pay the original
25penalty in a timely manner, if the motor vehicle is recorded by
26an automated traffic law enforcement system. A violation for

 

 

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1which a civil penalty is imposed under this Section is not a
2violation of a traffic regulation governing the movement of
3vehicles and may not be recorded on the driving record of the
4owner of the vehicle, but may be recorded by the municipality
5or county for the purpose of determining if a person is subject
6to the higher fine for a second or subsequent offense.
7    (l) A school bus equipped with an automated traffic law
8enforcement system must be posted with a sign indicating that
9the school bus is being monitored by an automated traffic law
10enforcement system.
11    (m) A municipality or county that has one or more school
12buses equipped with an automated traffic law enforcement
13system must provide notice to drivers by posting a list of
14school districts using school buses equipped with an automated
15traffic law enforcement system on the municipality or county
16website. School districts that have one or more school buses
17equipped with an automated traffic law enforcement system must
18provide notice to drivers by posting that information on their
19websites.
20    (n) A municipality or county operating an automated
21traffic law enforcement system shall conduct a statistical
22analysis to assess the safety impact in each school district
23using school buses equipped with an automated traffic law
24enforcement system following installation of the system. The
25statistical analysis shall be based upon the best available
26crash, traffic, and other data, and shall cover a period of

 

 

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1time before and after installation of the system sufficient to
2provide a statistically valid comparison of safety impact. The
3statistical analysis shall be consistent with professional
4judgment and acceptable industry practice. The statistical
5analysis also shall be consistent with the data required for
6valid comparisons of before and after conditions and shall be
7conducted within a reasonable period following the
8installation of the automated traffic law enforcement system.
9The statistical analysis required by this subsection shall be
10made available to the public and shall be published on the
11website of the municipality or county. If the statistical
12analysis for the 36-month period following installation of the
13system indicates that there has been an increase in the rate of
14accidents at the approach to school buses monitored by the
15system, the municipality or county shall undertake additional
16studies to determine the cause and severity of the accidents,
17and may take any action that it determines is necessary or
18appropriate to reduce the number or severity of the accidents
19involving school buses equipped with an automated traffic law
20enforcement system.
21    (o) The compensation paid for an automated traffic law
22enforcement system must be based on the value of the equipment
23or the services provided and may not be based on the number of
24traffic citations issued or the revenue generated by the
25system.
26    (p) No person who is the lessor of a motor vehicle pursuant

 

 

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1to a written lease agreement shall be liable for an automated
2speed or traffic law enforcement system violation involving
3such motor vehicle during the period of the lease; provided
4that upon the request of the appropriate authority received
5within 120 days after the violation occurred, the lessor
6provides within 60 days after such receipt the name and
7address of the lessee. The drivers license number of a lessee
8may be subsequently individually requested by the appropriate
9authority if needed for enforcement of this Section.
10    Upon the provision of information by the lessor pursuant
11to this subsection, the county or municipality may issue the
12violation to the lessee of the vehicle in the same manner as it
13would issue a violation to a registered owner of a vehicle
14pursuant to this Section, and the lessee may be held liable for
15the violation.
16    (q) (Blank). A municipality or county shall make a
17certified report to the Secretary of State pursuant to Section
186-306.5 of this Code whenever a registered owner of a vehicle
19has failed to pay any fine or penalty due and owing as a result
20of a combination of 5 offenses for automated traffic law or
21speed enforcement system violations.
22    (r) After a municipality or county enacts an ordinance
23providing for automated traffic law enforcement systems under
24this Section, each school district within that municipality or
25county's jurisdiction may implement an automated traffic law
26enforcement system under this Section. The elected school

 

 

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1board for that district must approve the implementation of an
2automated traffic law enforcement system. The school district
3shall be responsible for entering into a contract, approved by
4the elected school board of that district, with vendors for
5the installation, maintenance, and operation of the automated
6traffic law enforcement system. The school district must enter
7into an intergovernmental agreement, approved by the elected
8school board of that district, with the municipality or county
9with jurisdiction over that school district for the
10administration of the automated traffic law enforcement
11system. The proceeds from a school district's automated
12traffic law enforcement system's fines shall be divided
13equally between the school district and the municipality or
14county administering the automated traffic law enforcement
15system.
16(Source: P.A. 101-395, eff. 8-16-19.)
 
17    (625 ILCS 5/11-1201.1)
18    Sec. 11-1201.1. Automated Railroad Crossing Enforcement
19System.
20    (a) For the purposes of this Section, an automated
21railroad grade crossing enforcement system is a system in a
22municipality or county operated by a governmental agency that
23produces a recorded image of a motor vehicle's violation of a
24provision of this Code or local ordinance and is designed to
25obtain a clear recorded image of the vehicle and vehicle's

 

 

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1license plate. The recorded image must also display the time,
2date, and location of the violation.
3    As used in this Section, "recorded images" means images
4recorded by an automated railroad grade crossing enforcement
5system 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,
10    on at least one image or portion of the recording, clearly
11    identifying the registration plate or digital registration
12    plate number of the motor vehicle.
13    (b) The Illinois Commerce Commission may, in cooperation
14with a local law enforcement agency, establish in any county
15or municipality an automated railroad grade crossing
16enforcement system at any railroad grade crossing equipped
17with a crossing gate designated by local authorities. Local
18authorities desiring the establishment of an automated
19railroad crossing enforcement system must initiate the process
20by enacting a local ordinance requesting the creation of such
21a system. After the ordinance has been enacted, and before any
22additional steps toward the establishment of the system are
23undertaken, the local authorities and the Commission must
24agree to a plan for obtaining, from any combination of
25federal, State, and local funding sources, the moneys required
26for the purchase and installation of any necessary equipment.

 

 

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1    (b-1) (Blank.)
2    (c) For each violation of Section 11-1201 of this Code or a
3local ordinance recorded by an automated railroad grade
4crossing enforcement system, the county or municipality having
5jurisdiction shall issue a written notice of the violation to
6the registered owner of the vehicle as the alleged violator.
7The notice shall be delivered to the registered owner of the
8vehicle, by mail, no later than 90 days after the violation.
9    The notice shall include:
10        (1) the name and address of the registered owner of
11    the vehicle;
12        (2) the registration number of the motor vehicle
13    involved in the violation;
14        (3) the violation charged;
15        (4) the location where the violation occurred;
16        (5) the date and time of the violation;
17        (6) a copy of the recorded images;
18        (7) the amount of the civil penalty imposed and the
19    date by which the civil penalty should be paid;
20        (8) a statement that recorded images are evidence of a
21    violation of a railroad grade crossing;
22        (9) a warning that failure to pay the civil penalty or
23    to contest liability in a timely manner is an admission of
24    liability and may result in a suspension of the driving
25    privileges of the registered owner of the vehicle; and
26        (10) a statement that the person may elect to proceed

 

 

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1    by:
2            (A) paying the fine; or
3            (B) challenging the charge in court, by mail, or
4        by administrative hearing.
5    (d) (Blank). If a person charged with a traffic violation,
6as a result of an automated railroad grade crossing
7enforcement system, does not pay or successfully contest the
8civil penalty resulting from that violation, the Secretary of
9State shall suspend the driving privileges of the registered
10owner of the vehicle under Section 6-306.5 of this Code for
11failing to pay any fine or penalty due and owing as a result of
125 violations of the automated railroad grade crossing
13enforcement system.
14    (d-1) (Blank.)
15    (d-2) (Blank.)
16    (e) Based on inspection of recorded images produced by an
17automated railroad grade crossing enforcement system, a notice
18alleging that the violation occurred shall be evidence of the
19facts contained in the notice and admissible in any proceeding
20alleging a violation under this Section.
21    (e-1) Recorded images made by an automated railroad grade
22crossing enforcement system are confidential and shall be made
23available only to the alleged violator and governmental and
24law enforcement agencies for purposes of adjudicating a
25violation of this Section, for statistical purposes, or for
26other governmental purposes. Any recorded image evidencing a

 

 

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1violation of this Section, however, may be admissible in any
2proceeding resulting from the issuance of the citation.
3    (e-2) The court or hearing officer may consider the
4following in the defense of a violation:
5        (1) that the motor vehicle or registration plates or
6    digital registration plates of the motor vehicle were
7    stolen before the violation occurred and not under the
8    control of or in the possession of the owner at the time of
9    the violation;
10        (2) that the driver of the motor vehicle received a
11    Uniform Traffic Citation from a police officer at the time
12    of the violation for the same offense;
13        (3) any other evidence or issues provided by municipal
14    or county ordinance.
15    (e-3) To demonstrate that the motor vehicle or the
16registration plates or digital registration plates were stolen
17before the violation occurred and were not under the control
18or possession of the owner at the time of the violation, the
19owner must submit proof that a report concerning the stolen
20motor vehicle or registration plates was filed with a law
21enforcement agency in a timely manner.
22    (f) Rail crossings equipped with an automatic railroad
23grade crossing enforcement system shall be posted with a sign
24visible to approaching traffic stating that the railroad grade
25crossing is being monitored, that citations will be issued,
26and the amount of the fine for violation.

 

 

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1    (g) The compensation paid for an automated railroad grade
2crossing enforcement system must be based on the value of the
3equipment or the services provided and may not be based on the
4number of citations issued or the revenue generated by the
5system.
6    (h) (Blank.)
7    (i) If any part or parts of this Section are held by a
8court of competent jurisdiction to be unconstitutional, the
9unconstitutionality shall not affect the validity of the
10remaining parts of this Section. The General Assembly hereby
11declares that it would have passed the remaining parts of this
12Section if it had known that the other part or parts of this
13Section would be declared unconstitutional.
14    (j) Penalty. A civil fine of $250 shall be imposed for a
15first violation of this Section, and a civil fine of $500 shall
16be imposed for a second or subsequent violation of this
17Section.
18(Source: P.A. 101-395, eff. 8-16-19.)