103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2272

 

Introduced 2/10/2023, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-50 new
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

    Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024.


LRB103 30594 MXP 57034 b

 

 

A BILL FOR

 

SB2272LRB103 30594 MXP 57034 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 Election Code is amended by adding Section
59-50 as follows:
 
6    (10 ILCS 5/9-50 new)
7    Sec. 9-50. Contractor providing automated traffic systems;
8contributions. A contractor that provides equipment and
9services for automated law enforcement, automated speed
10enforcement, or automated railroad grade crossing enforcement
11systems to municipalities or counties or any political action
12committee created by such a contractor may not make a campaign
13contribution to any political committee established to promote
14the candidacy of a candidate or public official in an
15aggregate value over $500 in a calendar year. An officer or
16agent of such a contractor may not consent to any contribution
17or expenditure that is prohibited by this Section. A
18candidate, political committee, or other person may not
19knowingly accept or receive any contribution prohibited by
20this Section. As used in this Section, "automated law
21enforcement system", "automated speed enforcement system", and
22"automated railroad grade crossing enforcement system" have
23the meaning ascribed to those terms in Article II of Chapter 11

 

 

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1of the Illinois Vehicle Code.
 
2    Section 10. The Illinois Vehicle Code is amended by
3changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9
4as follows:
 
5    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
6    Sec. 11-208.3. Administrative adjudication of violations
7of traffic regulations concerning the standing, parking, or
8condition of vehicles, automated traffic law violations, and
9automated speed enforcement system violations.
10    (a) Any municipality or county may provide by ordinance
11for a system of administrative adjudication of vehicular
12standing and parking violations and vehicle compliance
13violations as described in this subsection, automated traffic
14law violations as defined in Section 11-208.6, 11-208.9, or
1511-1201.1, and automated speed enforcement system violations
16as defined in Section 11-208.8. The administrative system
17shall have as its purpose the fair and efficient enforcement
18of municipal or county regulations through the administrative
19adjudication of automated speed enforcement system or
20automated traffic law violations and violations of municipal
21or county ordinances regulating the standing and parking of
22vehicles, the condition and use of vehicle equipment, and the
23display of municipal or county wheel tax licenses within the
24municipality's or county's borders. The administrative system

 

 

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1shall only have authority to adjudicate civil offenses
2carrying fines not in excess of $500 or requiring the
3completion of a traffic education program, or both, that occur
4after the effective date of the ordinance adopting such a
5system under this Section. For purposes of this Section,
6"compliance violation" means a violation of a municipal or
7county regulation governing the condition or use of equipment
8on a vehicle or governing the display of a municipal or county
9wheel tax license.
10    (b) Any ordinance establishing a system of administrative
11adjudication under this Section shall provide for:
12        (1) A traffic compliance administrator authorized to
13    adopt, distribute, and process parking, compliance, and
14    automated speed enforcement system or automated traffic
15    law violation notices and other notices required by this
16    Section, collect money paid as fines and penalties for
17    violation of parking and compliance ordinances and
18    automated speed enforcement system or automated traffic
19    law violations, and operate an administrative adjudication
20    system.
21        (2) A parking, standing, compliance, automated speed
22    enforcement system, or automated traffic law violation
23    notice that shall specify or include the date, time, and
24    place of violation of a parking, standing, compliance,
25    automated speed enforcement system, or automated traffic
26    law regulation; the particular regulation violated; any

 

 

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1    requirement to complete a traffic education program; the
2    fine and any penalty that may be assessed for late payment
3    or failure to complete a required traffic education
4    program, or both, when so provided by ordinance; the
5    vehicle make or a photograph of the vehicle; the state
6    registration number of the vehicle; and the identification
7    number of the person issuing the notice. With regard to
8    automated speed enforcement system or automated traffic
9    law violations, vehicle make shall be specified on the
10    automated speed enforcement system or automated traffic
11    law violation notice if the notice does not include a
12    photograph of the vehicle and the make is available and
13    readily discernible. With regard to municipalities or
14    counties with a population of 1 million or more, it shall
15    be grounds for dismissal of a parking violation if the
16    state registration number or vehicle make specified is
17    incorrect. The violation notice shall state that the
18    completion of any required traffic education program, the
19    payment of any indicated fine, and the payment of any
20    applicable penalty for late payment or failure to complete
21    a required traffic education program, or both, shall
22    operate as a final disposition of the violation. The
23    notice also shall contain information as to the
24    availability of a hearing in which the violation may be
25    contested on its merits. The violation notice shall
26    specify the time and manner in which a hearing may be had.

 

 

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1        (3) Service of a parking, standing, or compliance
2    violation notice by: (i) affixing the original or a
3    facsimile of the notice to an unlawfully parked or
4    standing vehicle; (ii) handing the notice to the operator
5    of a vehicle if he or she is present; or (iii) mailing the
6    notice to the address of the registered owner or lessee of
7    the cited vehicle as recorded with the Secretary of State
8    or the lessor of the motor vehicle within 30 days after the
9    Secretary of State or the lessor of the motor vehicle
10    notifies the municipality or county of the identity of the
11    owner or lessee of the vehicle, but not later than 90 days
12    after the date of the violation, except that in the case of
13    a lessee of a motor vehicle, service of a parking,
14    standing, or compliance violation notice may occur no
15    later than 210 days after the violation; and service of an
16    automated speed enforcement system or automated traffic
17    law violation notice by mail to the address of the
18    registered owner or lessee of the cited vehicle as
19    recorded with the Secretary of State or the lessor of the
20    motor vehicle within 30 days after the Secretary of State
21    or the lessor of the motor vehicle notifies the
22    municipality or county of the identity of the owner or
23    lessee of the vehicle, but not later than 90 days after the
24    violation, except that in the case of a lessee of a motor
25    vehicle, service of an automated traffic law violation
26    notice may occur no later than 210 days after the

 

 

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1    violation. A person authorized by ordinance to issue and
2    serve parking, standing, and compliance violation notices
3    shall certify as to the correctness of the facts entered
4    on the violation notice by signing his or her name to the
5    notice at the time of service or, in the case of a notice
6    produced by a computerized device, by signing a single
7    certificate to be kept by the traffic compliance
8    administrator attesting to the correctness of all notices
9    produced by the device while it was under his or her
10    control. In the case of an automated traffic law
11    violation, the ordinance shall require a determination by
12    a technician employed or contracted by the municipality or
13    county that, based on inspection of recorded images, the
14    motor vehicle was being operated in violation of Section
15    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
16    the technician determines that the vehicle entered the
17    intersection as part of a funeral procession or in order
18    to yield the right-of-way to an emergency vehicle, a
19    citation shall not be issued. In municipalities with a
20    population of less than 1,000,000 inhabitants and counties
21    with a population of less than 3,000,000 inhabitants, the
22    automated traffic law ordinance shall require that all
23    determinations by a technician that a motor vehicle was
24    being operated in violation of Section 11-208.6, 11-208.9,
25    or 11-1201.1 or a local ordinance must be reviewed and
26    approved by a law enforcement officer or retired law

 

 

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1    enforcement officer of the municipality or county issuing
2    the violation. In municipalities with a population of
3    1,000,000 or more inhabitants and counties with a
4    population of 3,000,000 or more inhabitants, the automated
5    traffic law ordinance shall require that all
6    determinations by a technician that a motor vehicle was
7    being operated in violation of Section 11-208.6, 11-208.9,
8    or 11-1201.1 or a local ordinance must be reviewed and
9    approved by a law enforcement officer or retired law
10    enforcement officer of the municipality or county issuing
11    the violation or by an additional fully trained reviewing
12    technician who is not employed by the contractor who
13    employs the technician who made the initial determination.
14    In the case of an automated speed enforcement system
15    violation, the ordinance shall require a determination by
16    a technician employed by the municipality, based upon an
17    inspection of recorded images, video or other
18    documentation, including documentation of the speed limit
19    and automated speed enforcement signage, and documentation
20    of the inspection, calibration, and certification of the
21    speed equipment, that the vehicle was being operated in
22    violation of Article VI of Chapter 11 of this Code or a
23    similar local ordinance. If the technician determines that
24    the vehicle speed was not determined by a calibrated,
25    certified speed equipment device based upon the speed
26    equipment documentation, or if the vehicle was an

 

 

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1    emergency vehicle, a citation may not be issued. The
2    automated speed enforcement ordinance shall require that
3    all determinations by a technician that a violation
4    occurred be reviewed and approved by a law enforcement
5    officer or retired law enforcement officer of the
6    municipality issuing the violation or by an additional
7    fully trained reviewing technician who is not employed by
8    the contractor who employs the technician who made the
9    initial determination. Routine and independent calibration
10    of the speeds produced by automated speed enforcement
11    systems and equipment shall be conducted annually by a
12    qualified technician. Speeds produced by an automated
13    speed enforcement system shall be compared with speeds
14    produced by lidar or other independent equipment. Radar or
15    lidar equipment shall undergo an internal validation test
16    no less frequently than once each week. Qualified
17    technicians shall test loop-based equipment no less
18    frequently than once a year. Radar equipment shall be
19    checked for accuracy by a qualified technician when the
20    unit is serviced, when unusual or suspect readings
21    persist, or when deemed necessary by a reviewing
22    technician. Radar equipment shall be checked with the
23    internal frequency generator and the internal circuit test
24    whenever the radar is turned on. Technicians must be alert
25    for any unusual or suspect readings, and if unusual or
26    suspect readings of a radar unit persist, that unit shall

 

 

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1    immediately be removed from service and not returned to
2    service until it has been checked by a qualified
3    technician and determined to be functioning properly.
4    Documentation of the annual calibration results, including
5    the equipment tested, test date, technician performing the
6    test, and test results, shall be maintained and available
7    for use in the determination of an automated speed
8    enforcement system violation and issuance of a citation.
9    The technician performing the calibration and testing of
10    the automated speed enforcement equipment shall be trained
11    and certified in the use of equipment for speed
12    enforcement purposes. Training on the speed enforcement
13    equipment may be conducted by law enforcement, civilian,
14    or manufacturer's personnel and if applicable may be
15    equivalent to the equipment use and operations training
16    included in the Speed Measuring Device Operator Program
17    developed by the National Highway Traffic Safety
18    Administration (NHTSA). The vendor or technician who
19    performs the work shall keep accurate records on each
20    piece of equipment the technician calibrates and tests. As
21    used in this paragraph, "fully trained reviewing
22    technician" means a person who has received at least 40
23    hours of supervised training in subjects which shall
24    include image inspection and interpretation, the elements
25    necessary to prove a violation, license plate
26    identification, and traffic safety and management. In all

 

 

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1    municipalities and counties, the automated speed
2    enforcement system or automated traffic law ordinance
3    shall require that no additional fee shall be charged to
4    the alleged violator for exercising his or her right to an
5    administrative hearing, and persons shall be given at
6    least 25 days following an administrative hearing to pay
7    any civil penalty imposed by a finding that Section
8    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
9    local ordinance has been violated. The original or a
10    facsimile of the violation notice or, in the case of a
11    notice produced by a computerized device, a printed record
12    generated by the device showing the facts entered on the
13    notice, shall be retained by the traffic compliance
14    administrator, and shall be a record kept in the ordinary
15    course of business. A parking, standing, compliance,
16    automated speed enforcement system, or automated traffic
17    law violation notice issued, signed, and served in
18    accordance with this Section, a copy of the notice, or the
19    computer-generated record shall be prima facie correct and
20    shall be prima facie evidence of the correctness of the
21    facts shown on the notice. The notice, copy, or
22    computer-generated record shall be admissible in any
23    subsequent administrative or legal proceedings.
24        (4) An opportunity for a hearing for the registered
25    owner of the vehicle cited in the parking, standing,
26    compliance, automated speed enforcement system, or

 

 

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1    automated traffic law violation notice in which the owner
2    may contest the merits of the alleged violation, and
3    during which formal or technical rules of evidence shall
4    not apply; provided, however, that under Section 11-1306
5    of this Code the lessee of a vehicle cited in the violation
6    notice likewise shall be provided an opportunity for a
7    hearing of the same kind afforded the registered owner.
8    The hearings shall be recorded, and the person conducting
9    the hearing on behalf of the traffic compliance
10    administrator shall be empowered to administer oaths and
11    to secure by subpoena both the attendance and testimony of
12    witnesses and the production of relevant books and papers.
13    Persons appearing at a hearing under this Section may be
14    represented by counsel at their expense. The ordinance may
15    also provide for internal administrative review following
16    the decision of the hearing officer.
17        (5) Service of additional notices, sent by first class
18    United States mail, postage prepaid, to the address of the
19    registered owner of the cited vehicle as recorded with the
20    Secretary of State or, if any notice to that address is
21    returned as undeliverable, to the last known address
22    recorded in a United States Post Office approved database,
23    or, under Section 11-1306 or subsection (p) of Section
24    11-208.6 or 11-208.9, or subsection (p) of Section
25    11-208.8 of this Code, to the lessee of the cited vehicle
26    at the last address known to the lessor of the cited

 

 

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1    vehicle at the time of lease or, if any notice to that
2    address is returned as undeliverable, to the last known
3    address recorded in a United States Post Office approved
4    database. The service shall be deemed complete as of the
5    date of deposit in the United States mail. The notices
6    shall be in the following sequence and shall include, but
7    not be limited to, the information specified herein:
8            (i) A second notice of parking, standing, or
9        compliance violation if the first notice of the
10        violation was issued by affixing the original or a
11        facsimile of the notice to the unlawfully parked
12        vehicle or by handing the notice to the operator. This
13        notice shall specify or include the date and location
14        of the violation cited in the parking, standing, or
15        compliance violation notice, the particular regulation
16        violated, the vehicle make or a photograph of the
17        vehicle, the state registration number of the vehicle,
18        any requirement to complete a traffic education
19        program, the fine and any penalty that may be assessed
20        for late payment or failure to complete a traffic
21        education program, or both, when so provided by
22        ordinance, the availability of a hearing in which the
23        violation may be contested on its merits, and the time
24        and manner in which the hearing may be had. The notice
25        of violation shall also state that failure to complete
26        a required traffic education program, to pay the

 

 

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1        indicated fine and any applicable penalty, or to
2        appear at a hearing on the merits in the time and
3        manner specified, will result in a final determination
4        of violation liability for the cited violation in the
5        amount of the fine or penalty indicated, and that,
6        upon the occurrence of a final determination of
7        violation liability for the failure, and the
8        exhaustion of, or failure to exhaust, available
9        administrative or judicial procedures for review, any
10        incomplete traffic education program or any unpaid
11        fine or penalty, or both, will constitute a debt due
12        and owing the municipality or county.
13            (ii) A notice of final determination of parking,
14        standing, compliance, automated speed enforcement
15        system, or automated traffic law violation liability.
16        This notice shall be sent following a final
17        determination of parking, standing, compliance,
18        automated speed enforcement system, or automated
19        traffic law violation liability and the conclusion of
20        judicial review procedures taken under this Section.
21        The notice shall state that the incomplete traffic
22        education program or the unpaid fine or penalty, or
23        both, is a debt due and owing the municipality or
24        county. The notice shall contain warnings that failure
25        to complete any required traffic education program or
26        to pay any fine or penalty due and owing the

 

 

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1        municipality or county, or both, within the time
2        specified may result in the municipality's or county's
3        filing of a petition in the Circuit Court to have the
4        incomplete traffic education program or unpaid fine or
5        penalty, or both, rendered a judgment as provided by
6        this Section, or, where applicable, may result in
7        suspension of the person's driver's license for
8        failure to complete a traffic education program.
9        (6) A notice of impending driver's license suspension.
10    This notice shall be sent to the person liable for failure
11    to complete a required traffic education program. The
12    notice shall state that failure to complete a required
13    traffic education program within 45 days of the notice's
14    date will result in the municipality or county notifying
15    the Secretary of State that the person is eligible for
16    initiation of suspension proceedings under Section 6-306.5
17    of this Code. The notice shall also state that the person
18    may obtain a photostatic copy of an original ticket
19    imposing a fine or penalty by sending a self-addressed,
20    stamped envelope to the municipality or county along with
21    a request for the photostatic copy. The notice of
22    impending driver's license suspension shall be sent by
23    first class United States mail, postage prepaid, to the
24    address recorded with the Secretary of State or, if any
25    notice to that address is returned as undeliverable, to
26    the last known address recorded in a United States Post

 

 

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

 

 

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

 

 

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1    penalty for any one violation shall not exceed $250,
2    except as provided in subsection (c) of Section 11-1301.3
3    of this Code.
4        (11) Other provisions as are necessary and proper to
5    carry into effect the powers granted and purposes stated
6    in this Section.
7    (b-5) An automated speed enforcement system or automated
8traffic law ordinance adopted under this Section by a
9municipality or county shall require that the determination to
10issue a citation be vested solely with the municipality or
11county and that such authority may not be delegated to any
12contractor retained by the municipality or county. Any
13contract or agreement violating such a provision in the
14ordinance is null and void.
15    (c) Any municipality or county establishing vehicular
16standing, parking, compliance, automated speed enforcement
17system, or automated traffic law regulations under this
18Section may also provide by ordinance for a program of vehicle
19immobilization for the purpose of facilitating enforcement of
20those regulations. The program of vehicle immobilization shall
21provide for immobilizing any eligible vehicle upon the public
22way by presence of a restraint in a manner to prevent operation
23of the vehicle. Any ordinance establishing a program of
24vehicle immobilization under this Section shall provide:
25        (1) Criteria for the designation of vehicles eligible
26    for immobilization. A vehicle shall be eligible for

 

 

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1    immobilization when the registered owner of the vehicle
2    has accumulated the number of incomplete traffic education
3    programs or unpaid final determinations of parking,
4    standing, compliance, automated speed enforcement system,
5    or automated traffic law violation liability, or both, as
6    determined by ordinance.
7        (2) A notice of impending vehicle immobilization and a
8    right to a hearing to challenge the validity of the notice
9    by disproving liability for the incomplete traffic
10    education programs or unpaid final determinations of
11    parking, standing, compliance, automated speed enforcement
12    system, or automated traffic law violation liability, or
13    both, listed on the notice.
14        (3) The right to a prompt hearing after a vehicle has
15    been immobilized or subsequently towed without the
16    completion of the required traffic education program or
17    payment of the outstanding fines and penalties on parking,
18    standing, compliance, automated speed enforcement system,
19    or automated traffic law violations, or both, for which
20    final determinations have been issued. An order issued
21    after the hearing is a final administrative decision
22    within the meaning of Section 3-101 of the Code of Civil
23    Procedure.
24        (4) A post immobilization and post-towing notice
25    advising the registered owner of the vehicle of the right
26    to a hearing to challenge the validity of the impoundment.

 

 

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1    (d) Judicial review of final determinations of parking,
2standing, compliance, automated speed enforcement system, or
3automated traffic law violations and final administrative
4decisions issued after hearings regarding vehicle
5immobilization and impoundment made under this Section shall
6be subject to the provisions of the Administrative Review Law.
7    (e) Any fine, penalty, incomplete traffic education
8program, or part of any fine or any penalty remaining unpaid
9after the exhaustion of, or the failure to exhaust,
10administrative remedies created under this Section and the
11conclusion of any judicial review procedures shall be a debt
12due and owing the municipality or county and, as such, may be
13collected in accordance with applicable law. Completion of any
14required traffic education program and payment in full of any
15fine or penalty resulting from a standing, parking,
16compliance, automated speed enforcement system, or automated
17traffic law violation shall constitute a final disposition of
18that violation.
19    (f) After the expiration of the period within which
20judicial review may be sought for a final determination of
21parking, standing, compliance, automated speed enforcement
22system, or automated traffic law violation, the municipality
23or county may commence a proceeding in the Circuit Court for
24purposes of obtaining a judgment on the final determination of
25violation. Nothing in this Section shall prevent a
26municipality or county from consolidating multiple final

 

 

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1determinations of parking, standing, compliance, automated
2speed enforcement system, or automated traffic law violations
3against a person in a proceeding. Upon commencement of the
4action, the municipality or county shall file a certified copy
5or record of the final determination of parking, standing,
6compliance, automated speed enforcement system, or automated
7traffic law violation, which shall be accompanied by a
8certification that recites facts sufficient to show that the
9final determination of violation was issued in accordance with
10this Section and the applicable municipal or county ordinance.
11Service of the summons and a copy of the petition may be by any
12method provided by Section 2-203 of the Code of Civil
13Procedure or by certified mail, return receipt requested,
14provided that the total amount of fines and penalties for
15final determinations of parking, standing, compliance,
16automated speed enforcement system, or automated traffic law
17violations does not exceed $2500. If the court is satisfied
18that the final determination of parking, standing, compliance,
19automated speed enforcement system, or automated traffic law
20violation was entered in accordance with the requirements of
21this Section and the applicable municipal or county ordinance,
22and that the registered owner or the lessee, as the case may
23be, had an opportunity for an administrative hearing and for
24judicial review as provided in this Section, the court shall
25render judgment in favor of the municipality or county and
26against the registered owner or the lessee for the amount

 

 

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1indicated in the final determination of parking, standing,
2compliance, automated speed enforcement system, or automated
3traffic law violation, plus costs. The judgment shall have the
4same effect and may be enforced in the same manner as other
5judgments for the recovery of money.
6    (g) The fee for participating in a traffic education
7program under this Section shall not exceed $25.
8    A low-income individual required to complete a traffic
9education program under this Section who provides proof of
10eligibility for the federal earned income tax credit under
11Section 32 of the Internal Revenue Code or the Illinois earned
12income tax credit under Section 212 of the Illinois Income Tax
13Act shall not be required to pay any fee for participating in a
14required traffic education program.
15    (h) Notwithstanding any other provision of law to the
16contrary, a person shall not be liable for violations, fees,
17fines, or penalties under this Section during the period in
18which the motor vehicle was stolen or hijacked, as indicated
19in a report to the appropriate law enforcement agency filed in
20a timely manner.
21(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
22101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
231-1-23.)
 
24    (625 ILCS 5/11-208.6)
25    (Text of Section before amendment by P.A. 102-982)

 

 

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1    Sec. 11-208.6. Automated traffic law enforcement system.
2    (a) As used in this Section, "automated traffic law
3enforcement system" means a device with one or more motor
4vehicle sensors working in conjunction with a red light signal
5to produce recorded images of motor vehicles entering an
6intersection against a red signal indication in violation of
7Section 11-306 of this Code or a similar provision of a local
8ordinance.
9    An automated traffic law enforcement system is a system,
10in a municipality or county operated by a governmental agency,
11that produces a recorded image of a motor vehicle's violation
12of a provision of this Code or a local ordinance and is
13designed to obtain a clear recorded image of the vehicle and
14the vehicle's license plate. The recorded image must also
15display the time, date, and location of the violation.
16    (b) As used in this Section, "recorded images" means
17images recorded by an automated traffic law enforcement system
18on:
19        (1) 2 or more photographs;
20        (2) 2 or more microphotographs;
21        (3) 2 or more electronic images; or
22        (4) a video recording showing the motor vehicle and,
23    on at least one image or portion of the recording, clearly
24    identifying the registration plate or digital registration
25    plate number of the motor vehicle.
26    (b-5) A municipality or county that produces a recorded

 

 

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1image of a motor vehicle's violation of a provision of this
2Code or a local ordinance must make the recorded images of a
3violation accessible to the alleged violator by providing the
4alleged violator with a website address, accessible through
5the Internet.
6    (c) Except as provided under Section 11-208.8 of this
7Code, a county or municipality, including a home rule county
8or municipality, may not use an automated traffic law
9enforcement system to provide recorded images of a motor
10vehicle for the purpose of recording its speed. Except as
11provided under Section 11-208.8 of this Code, the regulation
12of the use of automated traffic law enforcement systems to
13record vehicle speeds is an exclusive power and function of
14the State. This subsection (c) is a denial and limitation of
15home rule powers and functions under subsection (h) of Section
166 of Article VII of the Illinois Constitution.
17    (c-5) A county or municipality, including a home rule
18county or municipality, may not use an automated traffic law
19enforcement system to issue violations in instances where the
20motor vehicle comes to a complete stop and does not enter the
21intersection, as defined by Section 1-132 of this Code, during
22the cycle of the red signal indication unless one or more
23pedestrians or bicyclists are present, even if the motor
24vehicle stops at a point past a stop line or crosswalk where a
25driver is required to stop, as specified in subsection (c) of
26Section 11-306 of this Code or a similar provision of a local

 

 

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1ordinance.
2    (c-6) A county, or a municipality with less than 2,000,000
3inhabitants, including a home rule county or municipality, may
4not use an automated traffic law enforcement system to issue
5violations in instances where a motorcyclist enters an
6intersection against a red signal indication when the red
7signal fails to change to a green signal within a reasonable
8period of time not less than 120 seconds because of a signal
9malfunction or because the signal has failed to detect the
10arrival of the motorcycle due to the motorcycle's size or
11weight.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automatic 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    The notice shall include:
23        (1) the name and address of the registered owner of
24    the vehicle;
25        (2) the registration number of the motor vehicle
26    involved in the violation;

 

 

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1        (3) the violation charged;
2        (4) the location where the violation occurred;
3        (5) the date and time of the violation;
4        (6) a copy of the recorded images;
5        (7) the amount of the civil penalty imposed and the
6    requirements of any traffic education program imposed and
7    the date by which the civil penalty should be paid and the
8    traffic education program should be completed;
9        (8) a statement that recorded images are evidence of a
10    violation of a red light signal;
11        (9) a warning that failure to pay the civil penalty,
12    to complete a required traffic education program, or to
13    contest liability in a timely manner is an admission of
14    liability;
15        (10) a statement that the person may elect to proceed
16    by:
17            (A) paying the fine, completing a required traffic
18        education program, or both; or
19            (B) challenging the charge in court, by mail, or
20        by administrative hearing; and
21        (11) a website address, accessible through the
22    Internet, where the person may view the recorded images of
23    the violation.
24    (e) (Blank).
25    (f) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging

 

 

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1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (g) Recorded images made by an automatic traffic law
5enforcement system are confidential and shall be made
6available only to the alleged violator and governmental and
7law enforcement agencies for purposes of adjudicating a
8violation of this Section, for statistical purposes, or for
9other governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (h) The court or hearing officer may consider in defense
13of a violation:
14        (1) that the motor vehicle or registration plates or
15    digital registration plates of the motor vehicle were
16    stolen before the violation occurred and not under the
17    control of or in the possession of the owner or lessee at
18    the time of the violation;
19        (1.5) that the motor vehicle was hijacked before the
20    violation occurred and not under the control of or in the
21    possession of the owner or lessee at the time of the
22    violation;
23        (2) that the driver of the vehicle passed through the
24    intersection when the light was red either (i) in order to
25    yield the right-of-way to an emergency vehicle or (ii) as
26    part of a funeral procession; and

 

 

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

 

 

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1    (j-5) For purposes of the required traffic education
2program only, a registered owner may submit an affidavit to
3the court or hearing officer swearing that at the time of the
4alleged violation, the vehicle was in the custody and control
5of another person. The affidavit must identify the person in
6custody and control of the vehicle, including the person's
7name and current address. The person in custody and control of
8the vehicle at the time of the violation is required to
9complete the required traffic education program. If the person
10in custody and control of the vehicle at the time of the
11violation completes the required traffic education program,
12the registered owner of the vehicle is not required to
13complete a traffic education program.
14    (k) An intersection equipped with an automated traffic law
15enforcement system must be posted with a sign visible to
16approaching traffic indicating that the intersection is being
17monitored by an automated traffic law enforcement system and
18informing drivers whether, following a stop, a right turn at
19the intersection is permitted or prohibited.
20    (k-3) A municipality or county that has one or more
21intersections equipped with an automated traffic law
22enforcement system must provide notice to drivers by posting
23the locations of automated traffic law systems on the
24municipality or county website.
25    (k-5) An intersection equipped with an automated traffic
26law enforcement system must have a yellow change interval that

 

 

SB2272- 29 -LRB103 30594 MXP 57034 b

1conforms with the Illinois Manual on Uniform Traffic Control
2Devices (IMUTCD) published by the Illinois Department of
3Transportation.
4    (k-7) A municipality or county operating an automated
5traffic law enforcement system shall conduct a statistical
6analysis to assess the safety impact of each automated traffic
7law enforcement system at an intersection following
8installation of the system and every 3 years thereafter. Each
9The statistical analysis shall be based upon the best
10available crash, traffic, and other data, and shall cover a
11period of time before and after installation of the system
12sufficient to provide a statistically valid comparison of
13safety impact. Each The statistical analysis shall be
14consistent with professional judgment and acceptable industry
15practice. Each The statistical analysis also shall be
16consistent with the data required for valid comparisons of
17before and after conditions and shall be conducted within a
18reasonable period following the installation of the automated
19traffic law enforcement system. Each The statistical analysis
20required by this subsection (k-7) shall be made available to
21the public and shall be published on the website of the
22municipality or county. If a the statistical analysis for the
2336 month period following installation of the system indicates
24that there has been an increase in the rate of accidents at the
25approach to the intersection monitored by the system, the
26municipality or county shall undertake additional studies to

 

 

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1determine the cause and severity of the accidents, and may
2take any action that it determines is necessary or appropriate
3to reduce the number or severity of the accidents at that
4intersection.
5    (k-8) Any municipality or county operating an automated
6traffic law enforcement system before the effective date of
7this amendatory Act of the 103rd General Assembly shall
8conduct a statistical analysis to assess the safety impact of
9each automated traffic law enforcement system at an
10intersection by no later than one year after the effective
11date of this amendatory Act of the 103rd General Assembly and
12every 3 years thereafter. The statistical analyses shall be
13based upon the best available crash, traffic, and other data,
14and shall cover a period of time before and after installation
15of the system sufficient to provide a statistically valid
16comparison of safety impact. The statistical analyses shall be
17consistent with professional judgment and acceptable industry
18practice. The statistical analyses also shall be consistent
19with the data required for valid comparisons of before and
20after conditions. The statistical analyses required by this
21subsection shall be made available to the public and shall be
22published on the website of the municipality or county. If the
23statistical analysis for any period following installation of
24the system indicates that there has been an increase in the
25rate of accidents at the approach to the intersection
26monitored by the system, the municipality or county shall

 

 

SB2272- 31 -LRB103 30594 MXP 57034 b

1undertake additional studies to determine the cause and
2severity of the accidents, and may take any action that it
3determines is necessary or appropriate to reduce the number or
4severity of the accidents at that intersection.
5    (l) The compensation paid for an automated traffic law
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10    (l-1) No officer or employee of a municipality or county
11shall knowingly accept employment or receive compensation or
12fees for services from a contractor that provides automated
13law enforcement system equipment or services to municipalities
14or counties. No former officer or employee of a municipality
15or county shall, within a period of 2 years immediately after
16the termination of municipal or county employment, knowingly
17accept employment or receive compensation or fees for services
18from a contractor that provides automated law enforcement
19system equipment or services to municipalities or counties.
20    (m) This Section applies only to the counties of Cook,
21DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
22to municipalities located within those counties.
23    (n) The fee for participating in a traffic education
24program under this Section shall not exceed $25.
25    A low-income individual required to complete a traffic
26education program under this Section who provides proof of

 

 

SB2272- 32 -LRB103 30594 MXP 57034 b

1eligibility for the federal earned income tax credit under
2Section 32 of the Internal Revenue Code or the Illinois earned
3income tax credit under Section 212 of the Illinois Income Tax
4Act shall not be required to pay any fee for participating in a
5required traffic education program.
6    (o) (Blank).
7    (p) No person who is the lessor of a motor vehicle pursuant
8to a written lease agreement shall be liable for an automated
9speed or traffic law enforcement system violation involving
10such motor vehicle during the period of the lease; provided
11that upon the request of the appropriate authority received
12within 120 days after the violation occurred, the lessor
13provides within 60 days after such receipt the name and
14address of the lessee.
15    Upon the provision of information by the lessor pursuant
16to this subsection, the county or municipality may issue the
17violation to the lessee of the vehicle in the same manner as it
18would issue a violation to a registered owner of a vehicle
19pursuant to this Section, and the lessee may be held liable for
20the violation.
21(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
22102-905, eff. 1-1-23; revised 12-14-22.)
 
23    (Text of Section after amendment by P.A. 102-982)
24    Sec. 11-208.6. Automated traffic law enforcement system.
25    (a) As used in this Section, "automated traffic law

 

 

SB2272- 33 -LRB103 30594 MXP 57034 b

1enforcement system" means a device with one or more motor
2vehicle sensors working in conjunction with a red light signal
3to produce recorded images of motor vehicles entering an
4intersection against a red signal indication in violation of
5Section 11-306 of this Code or a similar provision of a local
6ordinance.
7    An automated traffic law enforcement system is a system,
8in a municipality or county operated by a governmental agency,
9that produces a recorded image of a motor vehicle's violation
10of a provision of this Code or a local ordinance and is
11designed to obtain a clear recorded image of the vehicle and
12the vehicle's license plate. The recorded image must also
13display the time, date, and location of the violation.
14    (b) As used in this Section, "recorded images" means
15images recorded by an automated traffic law enforcement system
16on:
17        (1) 2 or more photographs;
18        (2) 2 or more microphotographs;
19        (3) 2 or more electronic images; or
20        (4) a video recording showing the motor vehicle and,
21    on at least one image or portion of the recording, clearly
22    identifying the registration plate or digital registration
23    plate number of the motor vehicle.
24    (b-5) A municipality or county that produces a recorded
25image of a motor vehicle's violation of a provision of this
26Code or a local ordinance must make the recorded images of a

 

 

SB2272- 34 -LRB103 30594 MXP 57034 b

1violation accessible to the alleged violator by providing the
2alleged violator with a website address, accessible through
3the Internet.
4    (c) Except as provided under Section 11-208.8 of this
5Code, a county or municipality, including a home rule county
6or municipality, may not use an automated traffic law
7enforcement system to provide recorded images of a motor
8vehicle for the purpose of recording its speed. Except as
9provided under Section 11-208.8 of this Code, the regulation
10of the use of automated traffic law enforcement systems to
11record vehicle speeds is an exclusive power and function of
12the State. This subsection (c) is a denial and limitation of
13home rule powers and functions under subsection (h) of Section
146 of Article VII of the Illinois Constitution.
15    (c-5) A county or municipality, including a home rule
16county or municipality, may not use an automated traffic law
17enforcement system to issue violations in instances where the
18motor vehicle comes to a complete stop and does not enter the
19intersection, as defined by Section 1-132 of this Code, during
20the cycle of the red signal indication unless one or more
21pedestrians or bicyclists are present, even if the motor
22vehicle stops at a point past a stop line or crosswalk where a
23driver is required to stop, as specified in subsection (c) of
24Section 11-306 of this Code or a similar provision of a local
25ordinance.
26    (c-6) A county, or a municipality with less than 2,000,000

 

 

SB2272- 35 -LRB103 30594 MXP 57034 b

1inhabitants, including a home rule county or municipality, may
2not use an automated traffic law enforcement system to issue
3violations in instances where a motorcyclist enters an
4intersection against a red signal indication when the red
5signal fails to change to a green signal within a reasonable
6period of time not less than 120 seconds because of a signal
7malfunction or because the signal has failed to detect the
8arrival of the motorcycle due to the motorcycle's size or
9weight.
10    (d) For each violation of a provision of this Code or a
11local ordinance recorded by an automatic traffic law
12enforcement system, the county or municipality having
13jurisdiction shall issue a written notice of the violation to
14the registered owner of the vehicle as the alleged violator.
15The notice shall be delivered to the registered owner of the
16vehicle, by mail, within 30 days after the Secretary of State
17notifies the municipality or county of the identity of the
18owner of the vehicle, but in no event later than 90 days after
19the violation.
20    The notice 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 location where the violation occurred;

 

 

SB2272- 36 -LRB103 30594 MXP 57034 b

1        (5) the date and time of the violation;
2        (6) a copy of the recorded images;
3        (7) the amount of the civil penalty imposed and the
4    requirements of any traffic education program imposed and
5    the date by which the civil penalty should be paid and the
6    traffic education program should be completed;
7        (8) a statement that recorded images are evidence of a
8    violation of a red light signal;
9        (9) a warning that failure to pay the civil penalty,
10    to complete a required traffic education program, or to
11    contest liability in a timely manner is an admission of
12    liability;
13        (10) a statement that the person may elect to proceed
14    by:
15            (A) paying the fine, completing a required traffic
16        education program, or both; or
17            (B) challenging the charge in court, by mail, or
18        by administrative hearing; and
19        (11) a website address, accessible through the
20    Internet, where the person may view the recorded images of
21    the violation.
22    (e) (Blank).
23    (f) Based on inspection of recorded images produced by an
24automated traffic law enforcement system, a notice alleging
25that the violation occurred shall be evidence of the facts
26contained in the notice and admissible in any proceeding

 

 

SB2272- 37 -LRB103 30594 MXP 57034 b

1alleging a violation under this Section.
2    (g) Recorded images made by an automatic traffic law
3enforcement system are confidential and shall be made
4available only to the alleged violator and governmental and
5law enforcement agencies for purposes of adjudicating a
6violation of this Section, for statistical purposes, or for
7other governmental purposes. Any recorded image evidencing a
8violation of this Section, however, may be admissible in any
9proceeding resulting from the issuance of the citation.
10    (h) The court or hearing officer may consider in defense
11of a violation:
12        (1) that the motor vehicle or registration plates or
13    digital registration plates of the motor vehicle were
14    stolen before the violation occurred and not under the
15    control of or in the possession of the owner or lessee at
16    the time of the violation;
17        (1.5) that the motor vehicle was hijacked before the
18    violation occurred and not under the control of or in the
19    possession of the owner or lessee at the time of the
20    violation;
21        (2) that the driver of the vehicle passed through the
22    intersection when the light was red either (i) in order to
23    yield the right-of-way to an emergency vehicle or (ii) as
24    part of a funeral procession; and
25        (3) any other evidence or issues provided by municipal
26    or county ordinance.

 

 

SB2272- 38 -LRB103 30594 MXP 57034 b

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

 

 

SB2272- 39 -LRB103 30594 MXP 57034 b

1the court or hearing officer swearing that at the time of the
2alleged violation, the vehicle was in the custody and control
3of another person. The affidavit must identify the person in
4custody and control of the vehicle, including the person's
5name and current address. The person in custody and control of
6the vehicle at the time of the violation is required to
7complete the required traffic education program. If the person
8in custody and control of the vehicle at the time of the
9violation completes the required traffic education program,
10the registered owner of the vehicle is not required to
11complete a traffic education program.
12    (k) An intersection equipped with an automated traffic law
13enforcement system must be posted with a sign visible to
14approaching traffic indicating that the intersection is being
15monitored by an automated traffic law enforcement system and
16informing drivers whether, following a stop, a right turn at
17the intersection is permitted or prohibited.
18    (k-3) A municipality or county that has one or more
19intersections equipped with an automated traffic law
20enforcement system must provide notice to drivers by posting
21the locations of automated traffic law systems on the
22municipality or county website.
23    (k-5) An intersection equipped with an automated traffic
24law enforcement system must have a yellow change interval that
25conforms with the Illinois Manual on Uniform Traffic Control
26Devices (IMUTCD) published by the Illinois Department of

 

 

SB2272- 40 -LRB103 30594 MXP 57034 b

1Transportation.
2    (k-7) A municipality or county operating an automated
3traffic law enforcement system shall conduct a statistical
4analysis to assess the safety impact of each automated traffic
5law enforcement system at an intersection following
6installation of the system and every 3 years thereafter. Each
7The statistical analysis shall be based upon the best
8available crash, traffic, and other data, and shall cover a
9period of time before and after installation of the system
10sufficient to provide a statistically valid comparison of
11safety impact. Each The statistical analysis shall be
12consistent with professional judgment and acceptable industry
13practice. Each The statistical analysis also shall be
14consistent with the data required for valid comparisons of
15before and after conditions and shall be conducted within a
16reasonable period following the installation of the automated
17traffic law enforcement system. Each The statistical analysis
18required by this subsection (k-7) shall be made available to
19the public and shall be published on the website of the
20municipality or county. If a the statistical analysis for the
2136 month period following installation of the system indicates
22that there has been an increase in the rate of crashes at the
23approach to the intersection monitored by the system, the
24municipality or county shall undertake additional studies to
25determine the cause and severity of the crashes, and may take
26any action that it determines is necessary or appropriate to

 

 

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1reduce the number or severity of the crashes at that
2intersection.
3    (k-8) Any municipality or county operating an automated
4traffic law enforcement system before the effective date of
5this amendatory Act of the 103rd General Assembly shall
6conduct a statistical analysis to assess the safety impact of
7each automated traffic law enforcement system at an
8intersection by no later than one year after the effective
9date of this amendatory Act of the 103rd General Assembly and
10every 3 years thereafter. The statistical analyses shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analyses shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analyses also shall be consistent
17with the data required for valid comparisons of before and
18after conditions. The statistical analyses required by this
19subsection shall be made available to the public and shall be
20published on the website of the municipality or county. If the
21statistical analysis for any period following installation of
22the system indicates that there has been an increase in the
23rate of accidents at the approach to the intersection
24monitored by the system, the municipality or county shall
25undertake additional studies to determine the cause and
26severity of the accidents, and may take any action that it

 

 

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1determines is necessary or appropriate to reduce the number or
2severity of the accidents at that intersection.
3    (l) The compensation paid for an automated traffic law
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    (l-1) No officer or employee of a municipality or county
9shall knowingly accept employment or receive compensation or
10fees for services from a contractor that provides automated
11law enforcement system equipment or services to municipalities
12or counties. No former officer or employee of a municipality
13or county shall, within a period of 2 years immediately after
14the termination of municipal or county employment, knowingly
15accept employment or receive compensation or fees for services
16from a contractor that provides automated law enforcement
17system equipment or services to municipalities or counties.
18    (m) This Section applies only to the counties of Cook,
19DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
20to municipalities located within those counties.
21    (n) The fee for participating in a traffic education
22program under this Section shall not exceed $25.
23    A low-income individual required to complete a traffic
24education program under this Section who provides proof of
25eligibility for the federal earned income tax credit under
26Section 32 of the Internal Revenue Code or the Illinois earned

 

 

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1income tax credit under Section 212 of the Illinois Income Tax
2Act shall not be required to pay any fee for participating in a
3required traffic education program.
4    (o) (Blank).
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee.
13    Upon the provision of information by the lessor pursuant
14to this subsection, the county or municipality may issue the
15violation to the lessee of the vehicle in the same manner as it
16would issue a violation to a registered owner of a vehicle
17pursuant to this Section, and the lessee may be held liable for
18the violation.
19(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
20102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
 
21    (625 ILCS 5/11-208.8)
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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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.
8    (e) For each violation of a provision of this Code or a
9local ordinance recorded by an automated speed enforcement
10system, the municipality having jurisdiction shall issue a
11written notice of the violation to the registered owner of the
12vehicle as the alleged violator. The notice shall be delivered
13to the registered owner of the vehicle, by mail, within 30 days
14after the Secretary of State notifies the municipality of the
15identity of the owner of the vehicle, but in no event later
16than 90 days after the violation.
17    (f) The notice required under subsection (e) of this
18Section shall include:
19        (1) the name and address of the registered owner of
20    the vehicle;
21        (2) the registration number of the motor vehicle
22    involved in the violation;
23        (3) the violation charged;
24        (4) the date, time, and location where the violation
25    occurred;
26        (5) a copy of the recorded image or images;

 

 

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

 

 

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

 

 

SB2272- 51 -LRB103 30594 MXP 57034 b

1submit proof that a report concerning the motor vehicle or
2registration plates was filed with a law enforcement agency in
3a timely manner.
4    (l) A roadway equipped with an automated speed enforcement
5system shall be posted with a sign conforming to the national
6Manual on Uniform Traffic Control Devices that is visible to
7approaching traffic stating that vehicle speeds are being
8photo-enforced and indicating the speed limit. The
9municipality shall install such additional signage as it
10determines is necessary to give reasonable notice to drivers
11as to where automated speed enforcement systems are installed.
12    (m) A roadway where a new automated speed enforcement
13system is installed shall be posted with signs providing 30
14days notice of the use of a new automated speed enforcement
15system prior to the issuance of any citations through the
16automated speed enforcement system.
17    (n) The compensation paid for an automated speed
18enforcement system must be based on the value of the equipment
19or the services provided and may not be based on the number of
20traffic citations issued or the revenue generated by the
21system.
22    (n-1) No officer or employee of a municipality or county
23shall knowingly accept employment or receive compensation or
24fees for services from a contractor that provides automated
25speed enforcement system equipment or services to
26municipalities. No former officer or employee of a

 

 

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1municipality or county shall, within a period of 2 years
2immediately after termination of municipal or county
3employment, knowingly accept employment or receive
4compensation or fees for services from a contractor that
5provides automated speed enforcement system equipment or
6services to municipalities.
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 following installation
5of the system and every 3 years thereafter. A municipality
6operating an automated speed enforcement system before the
7effective date of this amendatory Act of the 103rd General
8Assembly shall conduct a statistical analysis to assess the
9safety impact of the system by no later than one year after the
10effective date of this amendatory Act of the 103rd General
11Assembly and every 3 years thereafter. Each The statistical
12analysis shall be based upon the best available crash,
13traffic, and other data, and shall cover a period of time
14before and after installation of the system sufficient to
15provide a statistically valid comparison of safety impact.
16Each The statistical analysis shall be consistent with
17professional judgment and acceptable industry practice. Each
18The statistical analysis also shall be consistent with the
19data required for valid comparisons of before and after
20conditions and shall be conducted within a reasonable period
21following the installation of the automated traffic law
22enforcement system. Each The statistical analysis required by
23this subsection shall be made available to the public and
24shall be published on the website of the municipality.
25    (s) This Section applies only to municipalities with a
26population of 1,000,000 or more inhabitants.

 

 

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1(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2102-905, eff. 1-1-23.)
 
3    (625 ILCS 5/11-208.9)
4    (Text of Section before amendment by P.A. 102-982)
5    Sec. 11-208.9. Automated traffic law enforcement system;
6approaching, overtaking, and passing a school bus.
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 the visual signals
10on a school bus, as specified in Sections 12-803 and 12-805 of
11this Code, to produce recorded images of motor vehicles that
12fail to stop before meeting or overtaking, from either
13direction, any school bus stopped at any location for the
14purpose of receiving or discharging pupils in violation of
15Section 11-1414 of this Code or a similar provision of a local
16ordinance.
17    An automated traffic law enforcement system is a system,
18in a municipality or county operated by a governmental agency,
19that produces a recorded image of a motor vehicle's violation
20of a provision of this Code or a local ordinance and is
21designed to obtain a clear recorded image of the vehicle and
22the vehicle's license plate. The recorded image must also
23display the time, date, and location of the violation.
24    (b) As used in this Section, "recorded images" means
25images recorded by an automated traffic law enforcement system

 

 

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

 

 

SB2272- 56 -LRB103 30594 MXP 57034 b

1        (1) the name and address of the registered owner of
2    the vehicle;
3        (2) the registration number of the motor vehicle
4    involved in the violation;
5        (3) the violation charged;
6        (4) the location where the violation occurred;
7        (5) the date and time of the violation;
8        (6) a copy of the recorded images;
9        (7) the amount of the civil penalty imposed and the
10    date by which the civil penalty should be paid;
11        (8) a statement that recorded images are evidence of a
12    violation of overtaking or passing a school bus stopped
13    for the purpose of receiving or discharging pupils;
14        (9) a warning that failure to pay the civil penalty or
15    to contest liability in a timely manner is an admission of
16    liability;
17        (10) a statement that the person may elect to proceed
18    by:
19            (A) paying the fine; or
20            (B) challenging the charge in court, by mail, or
21        by administrative hearing; and
22        (11) a website address, accessible through the
23    Internet, where the person may view the recorded images of
24    the violation.
25    (f) (Blank).
26    (g) Based on inspection of recorded images produced by an

 

 

SB2272- 57 -LRB103 30594 MXP 57034 b

1automated traffic law enforcement system, a notice alleging
2that the violation occurred shall be evidence of the facts
3contained in the notice and admissible in any proceeding
4alleging a violation under this Section.
5    (g-1) No officer or employee of a municipality or county
6shall knowingly accept employment or receive compensation or
7fees for services from a contractor that provides automated
8railroad grade crossing enforcement system equipment or
9services to municipalities or counties. No former officer or
10employee of a municipality or county shall, within a period of
112 years immediately after termination of municipal or county
12employment, knowingly accept employment or receive
13compensation or fees for services from a contractor that
14provides automated railroad grade crossing enforcement system
15equipment or services to municipalities or counties.
16    (h) Recorded images made by an automated traffic law
17enforcement system are confidential and shall be made
18available only to the alleged violator and governmental and
19law enforcement agencies for purposes of adjudicating a
20violation of this Section, for statistical purposes, or for
21other governmental purposes. Any recorded image evidencing a
22violation of this Section, however, may be admissible in any
23proceeding resulting from the issuance of the citation.
24    (i) The court or hearing officer may consider in defense
25of a violation:
26        (1) that the motor vehicle or registration plates or

 

 

SB2272- 58 -LRB103 30594 MXP 57034 b

1    digital registration plates of the motor vehicle were
2    stolen before the violation occurred and not under the
3    control of or in the possession of the owner or lessee at
4    the time of the violation;
5        (1.5) that the motor vehicle was hijacked before the
6    violation occurred and not under the control of or in the
7    possession of the owner or lessee at the time of the
8    violation;
9        (2) that the driver of the motor vehicle received a
10    Uniform Traffic Citation from a police officer for a
11    violation of Section 11-1414 of this Code within
12    one-eighth of a mile and 15 minutes of the violation that
13    was recorded by the system;
14        (3) that the visual signals required by Sections
15    12-803 and 12-805 of this Code were damaged, not
16    activated, not present in violation of Sections 12-803 and
17    12-805, or inoperable; and
18        (4) any other evidence or issues provided by municipal
19    or county ordinance.
20    (j) To demonstrate that the motor vehicle was hijacked or
21the motor vehicle or registration plates or digital
22registration plates were stolen before the violation occurred
23and were not under the control or possession of the owner or
24lessee at the time of the violation, the owner or lessee must
25submit proof that a report concerning the motor vehicle or
26registration plates was filed with a law enforcement agency in

 

 

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1a timely manner.
2    (k) 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 $150 for a first time violation or $500
6for a second or subsequent violation, plus an additional
7penalty of not more than $100 for failure to pay the original
8penalty in a timely manner, if the motor vehicle is recorded by
9an automated traffic law enforcement system. A violation for
10which a civil penalty is imposed under this Section is not a
11violation of a traffic regulation governing the movement of
12vehicles and may not be recorded on the driving record of the
13owner of the vehicle, but may be recorded by the municipality
14or county for the purpose of determining if a person is subject
15to the higher fine for a second or subsequent offense.
16    (l) A school bus equipped with an automated traffic law
17enforcement system must be posted with a sign indicating that
18the school bus is being monitored by an automated traffic law
19enforcement system.
20    (m) A municipality or county that has one or more school
21buses equipped with an automated traffic law enforcement
22system must provide notice to drivers by posting a list of
23school districts using school buses equipped with an automated
24traffic law enforcement system on the municipality or county
25website. School districts that have one or more school buses
26equipped with an automated traffic law enforcement system must

 

 

SB2272- 60 -LRB103 30594 MXP 57034 b

1provide notice to drivers by posting that information on their
2websites.
3    (n) A municipality or county operating an automated
4traffic law enforcement system shall conduct a statistical
5analysis to assess the safety impact in each school district
6using school buses equipped with an automated traffic law
7enforcement system following installation of the system and
8every 3 years thereafter. A municipality or county operating
9an automated speed enforcement system before the effective
10date of this amendatory Act of the 103rd General Assembly
11shall conduct a statistical analysis to assess the safety
12impact of the system by no later than one year after the
13effective date of this amendatory Act of the 103rd General
14Assembly and every 3 years thereafter. Each The statistical
15analysis shall be based upon the best available crash,
16traffic, and other data, and shall cover a period of time
17before and after installation of the system sufficient to
18provide a statistically valid comparison of safety impact.
19Each The statistical analysis shall be consistent with
20professional judgment and acceptable industry practice. Each
21The statistical analysis also shall be consistent with the
22data required for valid comparisons of before and after
23conditions and shall be conducted within a reasonable period
24following the installation of the automated traffic law
25enforcement system. Each The statistical analysis required by
26this subsection shall be made available to the public and

 

 

SB2272- 61 -LRB103 30594 MXP 57034 b

1shall be published on the website of the municipality or
2county. If a the statistical analysis for the 36-month period
3following installation of the system indicates that there has
4been an increase in the rate of accidents at the approach to
5school buses monitored by the system, the municipality or
6county shall undertake additional studies to determine the
7cause and severity of the accidents, and may take any action
8that it determines is necessary or appropriate to reduce the
9number or severity of the accidents involving school buses
10equipped with an automated traffic law enforcement system.
11    (o) The compensation paid for an automated traffic law
12enforcement system must be based on the value of the equipment
13or the services provided and may not be based on the number of
14traffic citations issued or the revenue generated by the
15system.
16    (o-1) No officer or employee of a municipality or county
17shall knowingly accept employment or receive compensation or
18fees for services from a contractor that provides automated
19law enforcement system equipment or services to municipalities
20or counties. No former officer or employee of a municipality
21or county shall, within a period of 2 years immediately after
22termination of municipal or county employment, knowingly
23accept employment or receive compensation or fees for services
24from a contractor that provides automated law enforcement
25system equipment or services to municipalities or counties.
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.
8    Upon the provision of information by the lessor pursuant
9to this subsection, the county or municipality may issue the
10violation to the lessee of the vehicle in the same manner as it
11would issue a violation to a registered owner of a vehicle
12pursuant to this Section, and the lessee may be held liable for
13the violation.
14    (q) (Blank).
15    (r) After a municipality or county enacts an ordinance
16providing for automated traffic law enforcement systems under
17this Section, each school district within that municipality or
18county's jurisdiction may implement an automated traffic law
19enforcement system under this Section. The elected school
20board for that district must approve the implementation of an
21automated traffic law enforcement system. The school district
22shall be responsible for entering into a contract, approved by
23the elected school board of that district, with vendors for
24the installation, maintenance, and operation of the automated
25traffic law enforcement system. The school district must enter
26into an intergovernmental agreement, approved by the elected

 

 

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1school board of that district, with the municipality or county
2with jurisdiction over that school district for the
3administration of the automated traffic law enforcement
4system. The proceeds from a school district's automated
5traffic law enforcement system's fines shall be divided
6equally between the school district and the municipality or
7county administering the automated traffic law enforcement
8system.
9(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
10102-905, eff. 1-1-23.)
 
11    (Text of Section after amendment by P.A. 102-982)
12    Sec. 11-208.9. Automated traffic law enforcement system;
13approaching, overtaking, and passing a school bus.
14    (a) As used in this Section, "automated traffic law
15enforcement system" means a device with one or more motor
16vehicle sensors working in conjunction with the visual signals
17on a school bus, as specified in Sections 12-803 and 12-805 of
18this Code, to produce recorded images of motor vehicles that
19fail to stop before meeting or overtaking, from either
20direction, any school bus stopped at any location for the
21purpose of receiving or discharging pupils in violation of
22Section 11-1414 of this Code or a similar provision of a local
23ordinance.
24    An automated traffic law enforcement system is a system,
25in a municipality or county operated by a governmental agency,

 

 

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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means
7images recorded by an automated traffic law enforcement system
8on:
9        (1) 2 or more photographs;
10        (2) 2 or more microphotographs;
11        (3) 2 or more electronic images; or
12        (4) a video recording showing the motor vehicle and,
13    on at least one image or portion of the recording, clearly
14    identifying the registration plate or digital registration
15    plate number of the motor vehicle.
16    (c) A municipality or county that produces a recorded
17image of a motor vehicle's violation of a provision of this
18Code or a local ordinance must make the recorded images of a
19violation accessible to the alleged violator by providing the
20alleged violator with a website address, accessible through
21the Internet.
22    (d) For each violation of a provision of this Code or a
23local ordinance recorded by an automated 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    (e) The notice required under subsection (d) shall
7include:
8        (1) the name and address of the registered owner of
9    the vehicle;
10        (2) the registration number of the motor vehicle
11    involved in the violation;
12        (3) the violation charged;
13        (4) the location where the violation occurred;
14        (5) the date and time of the violation;
15        (6) a copy of the recorded images;
16        (7) the amount of the civil penalty imposed and the
17    date by which the civil penalty should be paid;
18        (8) a statement that recorded images are evidence of a
19    violation of overtaking or passing a school bus stopped
20    for the purpose of receiving or discharging pupils;
21        (9) 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        (10) 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        (11) a website address, accessible through the
4    Internet, where the person may view the recorded images of
5    the violation.
6    (f) (Blank).
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    (g-1) No officer or employee of a municipality or county
13shall knowingly accept employment or receive compensation or
14fees for services from a contractor that provides automated
15railroad grade crossing enforcement system equipment or
16services to municipalities or counties. No former officer or
17employee of a municipality or county shall, within a period of
182 years immediately after termination of municipal or county
19employment, knowingly accept employment or receive
20compensation or fees for services from a contractor that
21provides automated railroad grade crossing enforcement system
22equipment or services to municipalities or counties.
23    (h) Recorded images made by an automated traffic law
24enforcement system are confidential and shall be made
25available only to the alleged violator and governmental and
26law enforcement agencies for purposes of adjudicating a

 

 

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1violation of this Section, for statistical purposes, or for
2other governmental purposes. Any recorded image evidencing a
3violation of this Section, however, may be admissible in any
4proceeding resulting from the issuance of the citation.
5    (i) The court or hearing officer may consider in defense
6of a violation:
7        (1) that the motor vehicle or registration plates or
8    digital registration plates of the motor vehicle were
9    stolen before the violation occurred and not under the
10    control of or in the possession of the owner or lessee at
11    the time of the violation;
12        (1.5) that the motor vehicle was hijacked before the
13    violation occurred and not under the control of or in the
14    possession of the owner or lessee at the time of the
15    violation;
16        (2) that the driver of the motor vehicle received a
17    Uniform Traffic Citation from a police officer for a
18    violation of Section 11-1414 of this Code within
19    one-eighth of a mile and 15 minutes of the violation that
20    was recorded by the system;
21        (3) that the visual signals required by Sections
22    12-803 and 12-805 of this Code were damaged, not
23    activated, not present in violation of Sections 12-803 and
24    12-805, or inoperable; and
25        (4) any other evidence or issues provided by municipal
26    or county ordinance.

 

 

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1    (j) To demonstrate that the motor vehicle was hijacked or
2the motor vehicle or registration plates or digital
3registration plates were stolen before the violation occurred
4and were not under the control or possession of the owner or
5lessee at the time of the violation, the owner or lessee must
6submit proof that a report concerning the motor vehicle or
7registration plates was filed with a law enforcement agency in
8a timely manner.
9    (k) Unless the driver of the motor vehicle received a
10Uniform Traffic Citation from a police officer at the time of
11the violation, the motor vehicle owner is subject to a civil
12penalty not exceeding $150 for a first time violation or $500
13for a second or subsequent violation, plus an additional
14penalty of not more than $100 for failure to pay the original
15penalty in a timely manner, if the motor vehicle is recorded by
16an automated traffic law enforcement system. A violation for
17which a civil penalty is imposed under this Section is not a
18violation of a traffic regulation governing the movement of
19vehicles and may not be recorded on the driving record of the
20owner of the vehicle, but may be recorded by the municipality
21or county for the purpose of determining if a person is subject
22to the higher fine for a second or subsequent offense.
23    (l) A school bus equipped with an automated traffic law
24enforcement system must be posted with a sign indicating that
25the school bus is being monitored by an automated traffic law
26enforcement system.

 

 

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1    (m) A municipality or county that has one or more school
2buses equipped with an automated traffic law enforcement
3system must provide notice to drivers by posting a list of
4school districts using school buses equipped with an automated
5traffic law enforcement system on the municipality or county
6website. School districts that have one or more school buses
7equipped with an automated traffic law enforcement system must
8provide notice to drivers by posting that information on their
9websites.
10    (n) A municipality or county operating an automated
11traffic law enforcement system shall conduct a statistical
12analysis to assess the safety impact in each school district
13using school buses equipped with an automated traffic law
14enforcement system following installation of the system and
15every 3 years thereafter. A municipality or county operating
16an automated speed enforcement system before the effective
17date of this amendatory Act of the 103rd General Assembly
18shall conduct a statistical analysis to assess the safety
19impact of the system by no later than one year after the
20effective date of this amendatory Act of the 103rd General
21Assembly and every 3 years thereafter. Each 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.
26Each The statistical analysis shall be consistent with

 

 

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1professional judgment and acceptable industry practice. Each
2The statistical analysis also shall be consistent with the
3data required for valid comparisons of before and after
4conditions and shall be conducted within a reasonable period
5following the installation of the automated traffic law
6enforcement system. Each The statistical analysis required by
7this subsection shall be made available to the public and
8shall be published on the website of the municipality or
9county. If a the statistical analysis for the 36-month period
10following installation of the system indicates that there has
11been an increase in the rate of crashes at the approach to
12school buses monitored by the system, the municipality or
13county shall undertake additional studies to determine the
14cause and severity of the crashes, and may take any action that
15it determines is necessary or appropriate to reduce the number
16or severity of the crashes involving school buses equipped
17with an automated traffic law enforcement system.
18    (o) 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    (o-1) No officer or employee of a municipality or county
24shall knowingly accept employment or receive compensation or
25fees for services from a contractor that provides automated
26law enforcement system equipment or services to municipalities

 

 

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1or counties. No former officer or employee of a municipality
2or county shall, within a period of 2 years immediately after
3termination of municipal or county employment, knowingly
4accept employment or receive compensation or fees for services
5from a contractor that provides automated law enforcement
6system equipment or services to municipalities or counties.
7    (p) No person who is the lessor of a motor vehicle pursuant
8to a written lease agreement shall be liable for an automated
9speed or traffic law enforcement system violation involving
10such motor vehicle during the period of the lease; provided
11that upon the request of the appropriate authority received
12within 120 days after the violation occurred, the lessor
13provides within 60 days after such receipt the name and
14address of the lessee.
15    Upon the provision of information by the lessor pursuant
16to this subsection, the county or municipality may issue the
17violation to the lessee of the vehicle in the same manner as it
18would issue a violation to a registered owner of a vehicle
19pursuant to this Section, and the lessee may be held liable for
20the violation.
21    (q) (Blank).
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; 101-652, eff. 7-1-21;
17102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 99. Effective date. This Act takes effect January

 

 

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11, 2024.