102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4102

 

Introduced 9/3/2021, by Rep. Deanne M. Mazzochi, Dan Caulkins, Joe Sosnowski, Tom Weber, Seth Lewis, et al.

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Provides that the approval to operate an automated traffic law enforcement system at an intersection shall be revoked by the municipality or county operating the automated traffic law enforcement system if the installation, operation, or request for approval to operate an automated traffic law enforcement system has been associated with civil or criminal corruption charges involving: (i) a State legislator; (ii) a member of the executive branch having oversight authority over approvals to operate the automated traffic law enforcement system; or (iii) a member of municipal or county government who holds or held the power to vote for or to issue a local ordinance pertaining to the automated traffic law enforcement system. Makes corresponding changes.


LRB102 18886 RAM 27614 b

 

 

A BILL FOR

 

HB4102LRB102 18886 RAM 27614 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 Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 11-208.6. Automated traffic law enforcement system.
9    (a) As used in this Section, "automated traffic law
10enforcement system" means a device with one or more motor
11vehicle sensors working in conjunction with a red light signal
12to produce recorded images of motor vehicles entering an
13intersection against a red signal indication in violation of
14Section 11-306 of this Code or a similar provision of a local
15ordinance.
16    An automated traffic law enforcement system is a system,
17in a municipality or county operated by a governmental agency,
18that produces a recorded image of a motor vehicle's violation
19of a provision of this Code or a local ordinance and is
20designed to obtain a clear recorded image of the vehicle and
21the vehicle's license plate. The recorded image must also
22display the time, date, and location of the violation.
23    (b) As used in this Section, "recorded images" means

 

 

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1images recorded by an automated traffic law enforcement system
2on:
3        (1) 2 or more photographs;
4        (2) 2 or more microphotographs;
5        (3) 2 or more electronic images; or
6        (4) a video recording showing the motor vehicle and,
7    on at least one image or portion of the recording, clearly
8    identifying the registration plate or digital registration
9    plate number of the motor vehicle.
10    (b-5) A municipality or county that produces a recorded
11image of a motor vehicle's violation of a provision of this
12Code or a local ordinance must make the recorded images of a
13violation accessible to the alleged violator by providing the
14alleged violator with a website address, accessible through
15the Internet.
16    (c) Except as provided under Section 11-208.8 of this
17Code, a county or municipality, including a home rule county
18or municipality, may not use an automated traffic law
19enforcement system to provide recorded images of a motor
20vehicle for the purpose of recording its speed. Except as
21provided under Section 11-208.8 of this Code, the regulation
22of the use of automated traffic law enforcement systems to
23record vehicle speeds is an exclusive power and function of
24the State. This subsection (c) is a denial and limitation of
25home rule powers and functions under subsection (h) of Section
266 of Article VII of the Illinois Constitution.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1in custody and control of the vehicle at the time of the
2violation completes the required traffic education program,
3the registered owner of the vehicle is not required to
4complete a traffic education program.
5    (k) An intersection equipped with an automated traffic law
6enforcement system must be posted with a sign visible to
7approaching traffic indicating that the intersection is being
8monitored by an automated traffic law enforcement system.
9    (k-3) A municipality or county that has one or more
10intersections equipped with an automated traffic law
11enforcement system must provide notice to drivers by posting
12the locations of automated traffic law systems on the
13municipality or county website.
14    (k-5) An intersection equipped with an automated traffic
15law enforcement system must have a yellow change interval that
16conforms with the Illinois Manual on Uniform Traffic Control
17Devices (IMUTCD) published by the Illinois Department of
18Transportation.
19    (k-7) A municipality or county operating an automated
20traffic law enforcement system shall conduct a statistical
21analysis to assess the safety impact of each automated traffic
22law enforcement system at an intersection following
23installation of the system. The statistical analysis shall be
24based upon the best available crash, traffic, and other data,
25and shall cover a period of time before and after installation
26of the system sufficient to provide a statistically valid

 

 

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

 

 

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1program under this Section shall not exceed $25.
2    A low-income individual required to complete a traffic
3education program under this Section who provides proof of
4eligibility for the federal earned income tax credit under
5Section 32 of the Internal Revenue Code or the Illinois earned
6income tax credit under Section 212 of the Illinois Income Tax
7Act shall not be required to pay any fee for participating in a
8required traffic education program.
9    (o) A municipality or county shall make a certified report
10to the Secretary of State pursuant to Section 6-306.5 of this
11Code whenever a registered owner of a vehicle has failed to pay
12any fine or penalty due and owing as a result of a combination
13of 5 offenses for automated traffic law or speed enforcement
14system violations.
15    (p) No person who is the lessor of a motor vehicle pursuant
16to a written lease agreement shall be liable for an automated
17speed or traffic law enforcement system violation involving
18such motor vehicle during the period of the lease; provided
19that upon the request of the appropriate authority received
20within 120 days after the violation occurred, the lessor
21provides within 60 days after such receipt the name and
22address of the lessee. The drivers license number of a lessee
23may be subsequently individually requested by the appropriate
24authority if needed for enforcement of this Section.
25    Upon the provision of information by the lessor pursuant
26to this subsection, the county or municipality may issue the

 

 

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1violation to the lessee of the vehicle in the same manner as it
2would issue a violation to a registered owner of a vehicle
3pursuant to this Section, and the lessee may be held liable for
4the violation.
5(Source: P.A. 101-395, eff. 8-16-19.)
 
6    (Text of Section after amendment by P.A. 101-652)
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,
16in a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means
23images recorded by an automated traffic law enforcement system
24on:
25        (1) 2 or more photographs;

 

 

HB4102- 12 -LRB102 18886 RAM 27614 b

1        (2) 2 or more microphotographs;
2        (3) 2 or more electronic images; or
3        (4) a video recording showing the motor vehicle and,
4    on at least one image or portion of the recording, clearly
5    identifying the registration plate or digital registration
6    plate number of the motor vehicle.
7    (b-5) A municipality or county that produces a recorded
8image of a motor vehicle's violation of a provision of this
9Code or a local ordinance must make the recorded images of a
10violation accessible to the alleged violator by providing the
11alleged violator with a website address, accessible through
12the Internet.
13    (c) Except as provided under Section 11-208.8 of this
14Code, a county or municipality, including a home rule county
15or municipality, may not use an automated traffic law
16enforcement system to provide recorded images of a motor
17vehicle for the purpose of recording its speed. Except as
18provided under Section 11-208.8 of this Code, the regulation
19of the use of automated traffic law enforcement systems to
20record vehicle speeds is an exclusive power and function of
21the State. This subsection (c) is a denial and limitation of
22home rule powers and functions under subsection (h) of Section
236 of Article VII of the Illinois Constitution.
24    (c-5) A county or municipality, including a home rule
25county or municipality, may not use an automated traffic law
26enforcement system to issue violations in instances where the

 

 

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1motor vehicle comes to a complete stop and does not enter the
2intersection, as defined by Section 1-132 of this Code, during
3the cycle of the red signal indication unless one or more
4pedestrians or bicyclists are present, even if the motor
5vehicle stops at a point past a stop line or crosswalk where a
6driver is required to stop, as specified in subsection (c) of
7Section 11-306 of this Code or a similar provision of a local
8ordinance.
9    (c-6) A county, or a municipality with less than 2,000,000
10inhabitants, including a home rule county or municipality, may
11not use an automated traffic law enforcement system to issue
12violations in instances where a motorcyclist enters an
13intersection against a red signal indication when the red
14signal fails to change to a green signal within a reasonable
15period of time not less than 120 seconds because of a signal
16malfunction or because the signal has failed to detect the
17arrival of the motorcycle due to the motorcycle's size or
18weight.
19    (d) For each violation of a provision of this Code or a
20local ordinance recorded by an automatic traffic law
21enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle as the alleged violator.
24The notice shall be delivered to the registered owner of the
25vehicle, by mail, within 30 days after the Secretary of State
26notifies the municipality or county of the identity of the

 

 

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1owner of the vehicle, but in no event later than 90 days after
2the violation.
3    The notice shall include:
4        (1) the name and address of the registered owner of
5    the vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    requirements of any traffic education program imposed and
14    the date by which the civil penalty should be paid and the
15    traffic education program should be completed;
16        (8) a statement that recorded images are evidence of a
17    violation of a red light signal;
18        (9) a warning that failure to pay the civil penalty,
19    to complete a required traffic education program, or to
20    contest liability in a timely manner is an admission of
21    liability;
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).
6    (f) Based on inspection of recorded images produced by an
7automated traffic law enforcement system, and confirmation
8that the circumstances set forth in subsection (k-9) do not
9apply, a notice alleging that the violation occurred shall be
10evidence of the facts contained in the notice and admissible
11in any proceeding alleging a violation under this Section.
12    (g) Recorded images made by an automatic 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    (h) The court or hearing officer shall may consider in
21defense of a violation, if raised:
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 vehicle passed through the
2    intersection when the light was red either (i) in order to
3    yield the right-of-way to an emergency vehicle or (ii) as
4    part of a funeral procession; and
5        (3) any other evidence or issues provided by municipal
6    or county ordinance; or .
7        (4) that, at the time the violation occurred, the
8    authority to operate an automated traffic law enforcement
9    system was revoked, should have been revoked, or was
10    otherwise subject to revocation pursuant to subsection
11    (k-9).
12    (i) 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    (j) 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 $100 or the completion of a traffic
23education program, or both, plus an additional penalty of not
24more than $100 for failure to pay the original penalty or to
25complete a required traffic education program, or both, in a
26timely manner, if the motor vehicle is recorded by an

 

 

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1automated traffic law enforcement system. A violation for
2which a civil penalty is imposed under this Section is not a
3violation of a traffic regulation governing the movement of
4vehicles and may not be recorded on the driving record of the
5owner of the vehicle.
6    (j-3) A registered owner who is a holder of a valid
7commercial driver's license is not required to complete a
8traffic education program.
9    (j-5) For purposes of the required traffic education
10program only, a registered owner may submit an affidavit to
11the court or hearing officer swearing that at the time of the
12alleged violation, the vehicle was in the custody and control
13of another person. The affidavit must identify the person in
14custody and control of the vehicle, including the person's
15name and current address. The person in custody and control of
16the vehicle at the time of the violation is required to
17complete the required traffic education program. If the person
18in custody and control of the vehicle at the time of the
19violation completes the required traffic education program,
20the registered owner of the vehicle is not required to
21complete a traffic education program.
22    (k) An intersection equipped with an automated traffic law
23enforcement system must be posted with a sign visible to
24approaching traffic indicating that the intersection is being
25monitored by an automated traffic law enforcement system.
26    (k-3) A municipality or county that has one or more

 

 

HB4102- 18 -LRB102 18886 RAM 27614 b

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

 

 

HB4102- 19 -LRB102 18886 RAM 27614 b

1county. If the statistical analysis for the 36 month period
2following installation of the system indicates that there has
3been an increase in the rate of accidents at the approach to
4the intersection monitored by the system, the municipality or
5county shall undertake additional studies to determine the
6cause and severity of the accidents, and may take any action
7that it determines is necessary or appropriate to reduce the
8number or severity of the accidents at that intersection.
9    (k-9) Approval to operate an automated traffic law
10enforcement system at an intersection shall be revoked by the
11municipality or county operating the automated traffic law
12enforcement system if the installation, operation, or request
13for approval to operate an automated traffic law enforcement
14system has been associated with civil or criminal corruption
15charges involving: (i) a State legislator; (ii) a member of
16the executive branch having oversight authority over approvals
17to operate the automated traffic law enforcement system; or
18(iii) a member of municipal or county government who holds or
19held the power to vote for or to issue a local ordinance
20pertaining to the automated traffic law enforcement system.
21    (l) 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    (m) This Section applies only to the counties of Cook,

 

 

HB4102- 20 -LRB102 18886 RAM 27614 b

1DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
2to municipalities located within those counties.
3    (n) The fee for participating in a traffic education
4program under this Section shall not exceed $25.
5    A low-income individual required to complete a traffic
6education program under this Section who provides proof of
7eligibility for the federal earned income tax credit under
8Section 32 of the Internal Revenue Code or the Illinois earned
9income tax credit under Section 212 of the Illinois Income Tax
10Act shall not be required to pay any fee for participating in a
11required traffic education program.
12    (o) (Blank).
13    (p) No person who is the lessor of a motor vehicle pursuant
14to a written lease agreement shall be liable for an automated
15speed or traffic law enforcement system violation involving
16such motor vehicle during the period of the lease; provided
17that upon the request of the appropriate authority received
18within 120 days after the violation occurred, the lessor
19provides within 60 days after such receipt the name and
20address of the lessee.
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.

 

 

HB4102- 21 -LRB102 18886 RAM 27614 b

1(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.