102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5774

 

Introduced 11/16/2022, by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.8

    Amends the Illinois Vehicle Code. Adds payment of municipal pension obligations for employees in public safety as a purpose for which net proceeds that a municipality receives from civil penalties imposed under an automated speed enforcement system, after deducting all non-personnel and personnel costs associated with the operation and maintenance of such system, shall be expended or obligated by the municipality. Effective immediately.


LRB102 28335 NLB 40206 b

 

 

A BILL FOR

 

HB5774LRB102 28335 NLB 40206 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 11-208.8 as follows:
 
6    (625 ILCS 5/11-208.8)
7    (Text of Section before amendment by P.A. 102-905)
8    Sec. 11-208.8. Automated speed enforcement systems in
9safety zones.
10    (a) As used in this Section:
11    "Automated speed enforcement system" means a photographic
12device, radar device, laser device, or other electrical or
13mechanical device or devices installed or utilized in a safety
14zone and designed to record the speed of a vehicle and obtain a
15clear photograph or other recorded image of the vehicle and
16the vehicle's registration plate or digital registration plate
17while the driver is violating Article VI of Chapter 11 of this
18Code or a similar provision of a local ordinance.
19    An automated speed enforcement system is a system, located
20in a safety zone which is under the jurisdiction of a
21municipality, that produces a recorded image of a motor
22vehicle's violation of a provision of this Code or a local
23ordinance and is designed to obtain a clear recorded image of

 

 

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1the vehicle and the vehicle's license plate. The recorded
2image must also display the time, date, and location of the
3violation.
4    "Owner" means the person or entity to whom the vehicle is
5registered.
6    "Recorded image" means images recorded by an automated
7speed enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and,
12    on at least one image or portion of the recording, clearly
13    identifying the registration plate or digital registration
14    plate number of the motor vehicle.
15    "Safety zone" means an area that is within one-eighth of a
16mile from the nearest property line of any public or private
17elementary or secondary school, or from the nearest property
18line of any facility, area, or land owned by a school district
19that is used for educational purposes approved by the Illinois
20State Board of Education, not including school district
21headquarters or administrative buildings. A safety zone also
22includes an area that is within one-eighth of a mile from the
23nearest property line of any facility, area, or land owned by a
24park district used for recreational purposes. However, if any
25portion of a roadway is within either one-eighth mile radius,
26the safety zone also shall include the roadway extended to the

 

 

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1furthest portion of the next furthest intersection. The term
2"safety zone" does not include any portion of the roadway
3known as Lake Shore Drive or any controlled access highway
4with 8 or more lanes of traffic.
5    (a-5) The automated speed enforcement system shall be
6operational and violations shall be recorded only at the
7following times:
8        (i) if the safety zone is based upon the property line
9    of any facility, area, or land owned by a school district,
10    only on school days and no earlier than 6 a.m. and no later
11    than 8:30 p.m. if the school day is during the period of
12    Monday through Thursday, or 9 p.m. if the school day is a
13    Friday; and
14        (ii) if the safety zone is based upon the property
15    line of any facility, area, or land owned by a park
16    district, no earlier than one hour prior to the time that
17    the facility, area, or land is open to the public or other
18    patrons, and no later than one hour after the facility,
19    area, or land is closed to the public or other patrons.
20    (b) A municipality that produces a recorded image of a
21motor vehicle's violation of a provision of this Code or a
22local ordinance must make the recorded images of a violation
23accessible to the alleged violator by providing the alleged
24violator with a website address, accessible through the
25Internet.
26    (c) Notwithstanding any penalties for any other violations

 

 

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1of this Code, the owner of a motor vehicle used in a traffic
2violation recorded by an automated speed enforcement system
3shall be subject to the following penalties:
4        (1) if the recorded speed is no less than 6 miles per
5    hour and no more than 10 miles per hour over the legal
6    speed limit, a civil penalty not exceeding $50, plus an
7    additional penalty of not more than $50 for failure to pay
8    the original penalty in a timely manner; or
9        (2) if the recorded speed is more than 10 miles per
10    hour over the legal speed limit, a civil penalty not
11    exceeding $100, plus an additional penalty of not more
12    than $100 for failure to pay the original penalty in a
13    timely manner.
14    A penalty may not be imposed under this Section if the
15driver of the motor vehicle received a Uniform Traffic
16Citation from a police officer for a speeding violation
17occurring within one-eighth of a mile and 15 minutes of the
18violation that was recorded by the system. A violation for
19which a civil penalty is imposed under this Section is not a
20violation of a traffic regulation governing the movement of
21vehicles and may not be recorded on the driving record of the
22owner of the vehicle. A law enforcement officer is not
23required to be present or to witness the violation. No penalty
24may be imposed under this Section if the recorded speed of a
25vehicle is 5 miles per hour or less over the legal speed limit.
26The municipality may send, in the same manner that notices are

 

 

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1sent under this Section, a speed violation warning notice
2where the violation involves a speed of 5 miles per hour or
3less above the legal speed limit.
4    (d) The net proceeds that a municipality receives from
5civil penalties imposed under an automated speed enforcement
6system, after deducting all non-personnel and personnel costs
7associated with the operation and maintenance of such system,
8shall be expended or obligated by the municipality for the
9following purposes:
10        (i) public safety initiatives to ensure safe passage
11    around schools, and to provide police protection and
12    surveillance around schools and parks, including but not
13    limited to: (1) personnel costs; and (2) non-personnel
14    costs such as construction and maintenance of public
15    safety infrastructure and equipment;
16        (ii) initiatives to improve pedestrian and traffic
17    safety;
18        (iii) construction and maintenance of infrastructure
19    within the municipality, including but not limited to
20    roads and bridges; and
21        (iv) after school programs; and .
22        (v) payment of municipal pension obligations for
23    employees in public safety.
24    (e) For each violation of a provision of this Code or a
25local ordinance recorded by an automated speed enforcement
26system, the municipality having jurisdiction shall issue a

 

 

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1written notice of the violation to the registered owner of the
2vehicle as the alleged violator. The notice shall be delivered
3to the registered owner of the vehicle, by mail, within 30 days
4after the Secretary of State notifies the municipality of the
5identity of the owner of the vehicle, but in no event later
6than 90 days after the violation.
7    (f) The notice required under subsection (e) of this
8Section shall include:
9        (1) the name and address of the registered owner of
10    the vehicle;
11        (2) the registration number of the motor vehicle
12    involved in the violation;
13        (3) the violation charged;
14        (4) the date, time, and location where the violation
15    occurred;
16        (5) a copy of the recorded image or images;
17        (6) the amount of the civil penalty imposed and the
18    date by which the civil penalty should be paid;
19        (7) a statement that recorded images are evidence of a
20    violation of a speed restriction;
21        (8) a warning that failure to pay the civil penalty or
22    to contest liability in a timely manner is an admission of
23    liability;
24        (9) a statement that the person may elect to proceed
25    by:
26            (A) paying the fine; or

 

 

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1            (B) challenging the charge in court, by mail, or
2        by administrative hearing; and
3        (10) a website address, accessible through the
4    Internet, where the person may view the recorded images of
5    the violation.
6    (g) (Blank).
7    (h) Based on inspection of recorded images produced by an
8automated speed enforcement system, a notice alleging that the
9violation occurred shall be evidence of the facts contained in
10the notice and admissible in any proceeding alleging a
11violation under this Section.
12    (i) Recorded images made by an automated speed enforcement
13system are confidential and shall be made available only to
14the alleged violator and governmental and law enforcement
15agencies for purposes of adjudicating a violation of this
16Section, for statistical purposes, or for other governmental
17purposes. Any recorded image evidencing a violation of this
18Section, however, may be admissible in any proceeding
19resulting from the issuance of the citation.
20    (j) 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 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    speeding violation occurring within one-eighth of a mile
4    and 15 minutes of the violation that was recorded by the
5    system; and
6        (3) any other evidence or issues provided by municipal
7    ordinance.
8    (k) To demonstrate that the motor vehicle or the
9registration plates or digital registration plates were stolen
10before the violation occurred and were not under the control
11or possession of the owner at the time of the violation, the
12owner must submit proof that a report concerning the stolen
13motor vehicle or registration plates was filed with a law
14enforcement agency in a timely manner.
15    (l) A roadway equipped with an automated speed enforcement
16system shall be posted with a sign conforming to the national
17Manual on Uniform Traffic Control Devices that is visible to
18approaching traffic stating that vehicle speeds are being
19photo-enforced and indicating the speed limit. The
20municipality shall install such additional signage as it
21determines is necessary to give reasonable notice to drivers
22as to where automated speed enforcement systems are installed.
23    (m) A roadway where a new automated speed enforcement
24system is installed shall be posted with signs providing 30
25days notice of the use of a new automated speed enforcement
26system prior to the issuance of any citations through the

 

 

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1automated speed enforcement system.
2    (n) The compensation paid for an automated speed
3enforcement system must be based on the value of the equipment
4or the services provided and may not be based on the number of
5traffic citations issued or the revenue generated by the
6system.
7    (o) (Blank).
8    (p) No person who is the lessor of a motor vehicle pursuant
9to a written lease agreement shall be liable for an automated
10speed or traffic law enforcement system violation involving
11such motor vehicle during the period of the lease; provided
12that upon the request of the appropriate authority received
13within 120 days after the violation occurred, the lessor
14provides within 60 days after such receipt the name and
15address of the lessee. The drivers license number of a lessee
16may be subsequently individually requested by the appropriate
17authority if needed for enforcement of this Section.
18    Upon the provision of information by the lessor pursuant
19to this subsection, the municipality may issue the violation
20to the lessee of the vehicle in the same manner as it would
21issue a violation to a registered owner of a vehicle pursuant
22to this Section, and the lessee may be held liable for the
23violation.
24    (q) A municipality using an automated speed enforcement
25system must provide notice to drivers by publishing the
26locations of all safety zones where system equipment is

 

 

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1installed on the website of the municipality.
2    (r) A municipality operating an automated speed
3enforcement system shall conduct a statistical analysis to
4assess the safety impact of the system. The statistical
5analysis shall be based upon the best available crash,
6traffic, and other data, and shall cover a period of time
7before and after installation of the system sufficient to
8provide a statistically valid comparison of safety impact. The
9statistical analysis shall be consistent with professional
10judgment and acceptable industry practice. The statistical
11analysis also shall be consistent with the data required for
12valid comparisons of before and after conditions and shall be
13conducted within a reasonable period following the
14installation of the automated traffic law enforcement system.
15The statistical analysis required by this subsection shall be
16made available to the public and shall be published on the
17website of the municipality.
18    (s) This Section applies only to municipalities with a
19population of 1,000,000 or more inhabitants.
20(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
21    (Text of Section after amendment by P.A. 102-905)
22    Sec. 11-208.8. Automated speed enforcement systems in
23safety zones.
24    (a) As used in this Section:
25    "Automated speed enforcement system" means a photographic

 

 

HB5774- 11 -LRB102 28335 NLB 40206 b

1device, radar device, laser device, or other electrical or
2mechanical device or devices installed or utilized in a safety
3zone and designed to record the speed of a vehicle and obtain a
4clear photograph or other recorded image of the vehicle and
5the vehicle's registration plate or digital registration plate
6while the driver is violating Article VI of Chapter 11 of this
7Code or a similar provision of a local ordinance.
8    An automated speed enforcement system is a system, located
9in a safety zone which is under the jurisdiction of a
10municipality, that produces a recorded image of a motor
11vehicle's violation of a provision of this Code or a local
12ordinance and is designed to obtain a clear recorded image of
13the vehicle and the vehicle's license plate. The recorded
14image must also display the time, date, and location of the
15violation.
16    "Owner" means the person or entity to whom the vehicle is
17registered.
18    "Recorded image" means images recorded by an automated
19speed enforcement system on:
20        (1) 2 or more photographs;
21        (2) 2 or more microphotographs;
22        (3) 2 or more electronic images; or
23        (4) a video recording showing the motor vehicle and,
24    on at least one image or portion of the recording, clearly
25    identifying the registration plate or digital registration
26    plate number of the motor vehicle.

 

 

HB5774- 12 -LRB102 28335 NLB 40206 b

1    "Safety zone" means an area that is within one-eighth of a
2mile from the nearest property line of any public or private
3elementary or secondary school, or from the nearest property
4line of any facility, area, or land owned by a school district
5that is used for educational purposes approved by the Illinois
6State Board of Education, not including school district
7headquarters or administrative buildings. A safety zone also
8includes an area that is within one-eighth of a mile from the
9nearest property line of any facility, area, or land owned by a
10park district used for recreational purposes. However, if any
11portion of a roadway is within either one-eighth mile radius,
12the safety zone also shall include the roadway extended to the
13furthest portion of the next furthest intersection. The term
14"safety zone" does not include any portion of the roadway
15known as Lake Shore Drive or any controlled access highway
16with 8 or more lanes of traffic.
17    (a-5) The automated speed enforcement system shall be
18operational and violations shall be recorded only at the
19following times:
20        (i) if the safety zone is based upon the property line
21    of any facility, area, or land owned by a school district,
22    only on school days and no earlier than 6 a.m. and no later
23    than 8:30 p.m. if the school day is during the period of
24    Monday through Thursday, or 9 p.m. if the school day is a
25    Friday; and
26        (ii) if the safety zone is based upon the property

 

 

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1    line of any facility, area, or land owned by a park
2    district, no earlier than one hour prior to the time that
3    the facility, area, or land is open to the public or other
4    patrons, and no later than one hour after the facility,
5    area, or land is closed to the public or other patrons.
6    (b) A municipality that produces a recorded image of a
7motor vehicle's violation of a provision of this Code or a
8local ordinance must make the recorded images of a violation
9accessible to the alleged violator by providing the alleged
10violator with a website address, accessible through the
11Internet.
12    (c) Notwithstanding any penalties for any other violations
13of this Code, the owner of a motor vehicle used in a traffic
14violation recorded by an automated speed enforcement system
15shall be subject to the following penalties:
16        (1) if the recorded speed is no less than 6 miles per
17    hour and no more than 10 miles per hour over the legal
18    speed limit, a civil penalty not exceeding $50, plus an
19    additional penalty of not more than $50 for failure to pay
20    the original penalty in a timely manner; or
21        (2) if the recorded speed is more than 10 miles per
22    hour over the legal speed limit, a civil penalty not
23    exceeding $100, plus an additional penalty of not more
24    than $100 for failure to pay the original penalty in a
25    timely manner.
26    A penalty may not be imposed under this Section if the

 

 

HB5774- 14 -LRB102 28335 NLB 40206 b

1driver of the motor vehicle received a Uniform Traffic
2Citation from a police officer for a speeding violation
3occurring within one-eighth of a mile and 15 minutes of the
4violation that was recorded by the system. A violation for
5which a civil penalty is imposed under this Section is not a
6violation of a traffic regulation governing the movement of
7vehicles and may not be recorded on the driving record of the
8owner of the vehicle. A law enforcement officer is not
9required to be present or to witness the violation. No penalty
10may be imposed under this Section if the recorded speed of a
11vehicle is 5 miles per hour or less over the legal speed limit.
12The municipality may send, in the same manner that notices are
13sent under this Section, a speed violation warning notice
14where the violation involves a speed of 5 miles per hour or
15less above the legal speed limit.
16    (d) The net proceeds that a municipality receives from
17civil penalties imposed under an automated speed enforcement
18system, after deducting all non-personnel and personnel costs
19associated with the operation and maintenance of such system,
20shall be expended or obligated by the municipality for the
21following purposes:
22        (i) public safety initiatives to ensure safe passage
23    around schools, and to provide police protection and
24    surveillance around schools and parks, including but not
25    limited to: (1) personnel costs; and (2) non-personnel
26    costs such as construction and maintenance of public

 

 

HB5774- 15 -LRB102 28335 NLB 40206 b

1    safety infrastructure and equipment;
2        (ii) initiatives to improve pedestrian and traffic
3    safety;
4        (iii) construction and maintenance of infrastructure
5    within the municipality, including but not limited to
6    roads and bridges; and
7        (iv) after school programs; and .
8        (v) payment of municipal pension obligations for
9    employees in public safety.
10    (e) For each violation of a provision of this Code or a
11local ordinance recorded by an automated speed enforcement
12system, the municipality having jurisdiction shall issue a
13written notice of the violation to the registered owner of the
14vehicle as the alleged violator. The notice shall be delivered
15to the registered owner of the vehicle, by mail, within 30 days
16after the Secretary of State notifies the municipality of the
17identity of the owner of the vehicle, but in no event later
18than 90 days after the violation.
19    (f) The notice required under subsection (e) of this
20Section shall include:
21        (1) the name and address of the registered owner of
22    the vehicle;
23        (2) the registration number of the motor vehicle
24    involved in the violation;
25        (3) the violation charged;
26        (4) the date, time, and location where the violation

 

 

HB5774- 16 -LRB102 28335 NLB 40206 b

1    occurred;
2        (5) a copy of the recorded image or images;
3        (6) the amount of the civil penalty imposed and the
4    date by which the civil penalty should be paid;
5        (7) a statement that recorded images are evidence of a
6    violation of a speed restriction;
7        (8) a warning that failure to pay the civil penalty or
8    to contest liability in a timely manner is an admission of
9    liability;
10        (9) a statement that the person may elect to proceed
11    by:
12            (A) paying the fine; or
13            (B) challenging the charge in court, by mail, or
14        by administrative hearing; and
15        (10) a website address, accessible through the
16    Internet, where the person may view the recorded images of
17    the violation.
18    (g) (Blank).
19    (h) Based on inspection of recorded images produced by an
20automated speed enforcement system, a notice alleging that the
21violation occurred shall be evidence of the facts contained in
22the notice and admissible in any proceeding alleging a
23violation under this Section.
24    (i) Recorded images made by an automated speed enforcement
25system are confidential and shall be made available only to
26the alleged violator and governmental and law enforcement

 

 

HB5774- 17 -LRB102 28335 NLB 40206 b

1agencies for purposes of adjudicating a violation of this
2Section, for statistical purposes, or for other governmental
3purposes. Any recorded image evidencing a violation of this
4Section, however, may be admissible in any proceeding
5resulting from the issuance of the citation.
6    (j) The court or hearing officer may consider in defense
7of a violation:
8        (1) that the motor vehicle or registration plates or
9    digital registration plates of the motor vehicle were
10    stolen before the violation occurred and not under the
11    control or in the possession of the owner or lessee at the
12    time of the violation;
13        (1.5) that the motor vehicle was hijacked before the
14    violation occurred and not under the control of or in the
15    possession of the owner or lessee at the time of the
16    violation;
17        (2) that the driver of the motor vehicle received a
18    Uniform Traffic Citation from a police officer for a
19    speeding violation occurring within one-eighth of a mile
20    and 15 minutes of the violation that was recorded by the
21    system; and
22        (3) any other evidence or issues provided by municipal
23    ordinance.
24    (k) To demonstrate that the motor vehicle was hijacked or
25the motor vehicle or registration plates or digital
26registration plates were stolen before the violation occurred

 

 

HB5774- 18 -LRB102 28335 NLB 40206 b

1and were not under the control or possession of the owner or
2lessee at the time of the violation, the owner or lessee must
3submit proof that a report concerning the motor vehicle or
4registration plates was filed with a law enforcement agency in
5a timely manner.
6    (l) A roadway equipped with an automated speed enforcement
7system shall be posted with a sign conforming to the national
8Manual on Uniform Traffic Control Devices that is visible to
9approaching traffic stating that vehicle speeds are being
10photo-enforced and indicating the speed limit. The
11municipality shall install such additional signage as it
12determines is necessary to give reasonable notice to drivers
13as to where automated speed enforcement systems are installed.
14    (m) A roadway where a new automated speed enforcement
15system is installed shall be posted with signs providing 30
16days notice of the use of a new automated speed enforcement
17system prior to the issuance of any citations through the
18automated speed enforcement system.
19    (n) The compensation paid for an automated speed
20enforcement system must be based on the value of the equipment
21or the services provided and may not be based on the number of
22traffic citations issued or the revenue generated by the
23system.
24    (o) (Blank).
25    (p) No person who is the lessor of a motor vehicle pursuant
26to a written lease agreement shall be liable for an automated

 

 

HB5774- 19 -LRB102 28335 NLB 40206 b

1speed or traffic law enforcement system violation involving
2such motor vehicle during the period of the lease; provided
3that upon the request of the appropriate authority received
4within 120 days after the violation occurred, the lessor
5provides within 60 days after such receipt the name and
6address of the lessee. The drivers license number of a lessee
7may be subsequently individually requested by the appropriate
8authority if needed for enforcement of this Section.
9    Upon the provision of information by the lessor pursuant
10to this subsection, the municipality may issue the violation
11to the lessee of the vehicle in the same manner as it would
12issue a violation to a registered owner of a vehicle pursuant
13to this Section, and the lessee may be held liable for the
14violation.
15    (q) A municipality using an automated speed enforcement
16system must provide notice to drivers by publishing the
17locations of all safety zones where system equipment is
18installed on the website of the municipality.
19    (r) A municipality operating an automated speed
20enforcement system shall conduct a statistical analysis to
21assess the safety impact of the system. The statistical
22analysis shall be based upon the best available crash,
23traffic, and other data, and shall cover a period of time
24before and after installation of the system sufficient to
25provide a statistically valid comparison of safety impact. The
26statistical analysis shall be consistent with professional

 

 

HB5774- 20 -LRB102 28335 NLB 40206 b

1judgment and acceptable industry practice. The statistical
2analysis also shall be consistent with the data required for
3valid comparisons of before and after conditions and shall be
4conducted within a reasonable period following the
5installation of the automated traffic law enforcement system.
6The statistical analysis required by this subsection shall be
7made available to the public and shall be published on the
8website of the municipality.
9    (s) This Section applies only to municipalities with a
10population of 1,000,000 or more inhabitants.
11(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
12102-905, eff. 1-1-23.)
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.