97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3851

 

Introduced 10/19/2011, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/1-105.1 new
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
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 new
625 ILCS 5/11-612
625 ILCS 5/12-610.5

    Amends the Illinois Vehicle Code. Provides that a governmental agency in cities of over 1,000,000 inhabitants may establish automated speed enforcement (ASE) systems in designated safety zones. Defines terms. Provides that the municipality may impose liability on a registered owner of a vehicle that violates the applicable law, with exceptions. Provides that notwithstanding any other applicable consequences under the Illinois Vehicle Code, the penalty for and consequence of a traffic violation recorded by an ASE system is a civil fine not to exceed $100 for each violation. Contains provisions governing the expenditure of funds generated by the use of ASE systems. Provides that unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer within 5 minutes of a violation recorded by an ASE system, the owner of the vehicle will be liable for the civil penalty. Provides that a violation for which a civil penalty is imposed is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle. Contains provisions concerning notice and administrative hearing procedures related to implementation of the amendatory Act. Provides that recorded images are confidential, with specified exceptions. Provides defenses to ASE system violations. Provides equipment and signage requirements. Provides that a municipality operating an ASE system shall conduct a statistical analysis to assess the safety impact of the system and provides procedures for conducting the statistical analysis. Provides that if any part of the Section concerning ASE systems in school zones or around parks is held unconstitutional, the decision shall not affect the remaining parts of the Section. Makes corresponding changes in other Sections of the Vehicle Code. Effective July 1, 2012.


LRB097 14069 HEP 58719 b

 

 

A BILL FOR

 

HB3851LRB097 14069 HEP 58719 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-306.5, 11-208, 11-208.3, 11-208.6, 11-612, and
612-610.5 and by adding Sections 1-105.1 and 11-208.8 as
7follows:
 
8    (625 ILCS 5/1-105.1 new)
9    Sec. 1-105.1. Automated speed enforcement system
10violation. A violation described in Section 11-208.8 of this
11Code.
 
12    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
13    Sec. 6-306.5. Failure to pay fine or penalty for standing,
14parking, compliance, automated speed enforcement system, or
15automated traffic law violations; suspension of driving
16privileges.
17    (a) Upon receipt of a certified report, as prescribed by
18subsection (c) of this Section, from any municipality or county
19stating that the owner of a registered vehicle: (1) has failed
20to pay any fine or penalty due and owing as a result of 10 or
21more violations of a municipality's or county's vehicular
22standing, parking, or compliance regulations established by

 

 

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1ordinance pursuant to Section 11-208.3 of this Code, (2) has
2failed to pay any fine or penalty due and owing as a result of 5
3offenses for automated speed enforcement system violations or
4automated traffic violations as defined in Sections Section
511-208.6, 11-208.8, or 11-1201.1, or combination thereof, or
6(3) is more than 14 days in default of a payment plan pursuant
7to which a suspension had been terminated under subsection (c)
8of this Section, the Secretary of State shall suspend the
9driving privileges of such person in accordance with the
10procedures set forth in this Section. The Secretary shall also
11suspend the driving privileges of an owner of a registered
12vehicle upon receipt of a certified report, as prescribed by
13subsection (f) of this Section, from any municipality or county
14stating that such person has failed to satisfy any fines or
15penalties imposed by final judgments for 5 or more automated
16speed enforcement system or automated traffic law violations,
17or combination thereof, or 10 or more violations of local
18standing, parking, or compliance regulations after exhaustion
19of judicial review procedures.
20    (b) Following receipt of the certified report of the
21municipality or county as specified in this Section, the
22Secretary of State shall notify the person whose name appears
23on the certified report that the person's drivers license will
24be suspended at the end of a specified period of time unless
25the Secretary of State is presented with a notice from the
26municipality or county certifying that the fine or penalty due

 

 

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1and owing the municipality or county has been paid or that
2inclusion of that person's name on the certified report was in
3error. The Secretary's notice shall state in substance the
4information contained in the municipality's or county's
5certified report to the Secretary, and shall be effective as
6specified by subsection (c) of Section 6-211 of this Code.
7    (c) The report of the appropriate municipal or county
8official notifying the Secretary of State of unpaid fines or
9penalties pursuant to this Section shall be certified and shall
10contain the following:
11        (1) The name, last known address as recorded with the
12    Secretary of State, as provided by the lessor of the cited
13    vehicle at the time of lease, or as recorded in a United
14    States Post Office approved database if any notice sent
15    under Section 11-208.3 of this Code is returned as
16    undeliverable, and drivers license number of the person who
17    failed to pay the fine or penalty or who has defaulted in a
18    payment plan and the registration number of any vehicle
19    known to be registered to such person in this State.
20        (2) The name of the municipality or county making the
21    report pursuant to this Section.
22        (3) A statement that the municipality or county sent a
23    notice of impending drivers license suspension as
24    prescribed by ordinance enacted pursuant to Section
25    11-208.3 of this Code or a notice of default in a payment
26    plan, to the person named in the report at the address

 

 

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1    recorded with the Secretary of State or at the last address
2    known to the lessor of the cited vehicle at the time of
3    lease or, if any notice sent under Section 11-208.3 of this
4    Code is returned as undeliverable, at the last known
5    address recorded in a United States Post Office approved
6    database; the date on which such notice was sent; and the
7    address to which such notice was sent. In a municipality or
8    county with a population of 1,000,000 or more, the report
9    shall also include a statement that the alleged violator's
10    State vehicle registration number and vehicle make, if
11    specified on the automated speed enforcement system
12    violation or automated traffic law violation notice, are
13    correct as they appear on the citations.
14        (4) A unique identifying reference number for each
15    request of suspension sent whenever a person has failed to
16    pay the fine or penalty or has defaulted on a payment plan.
17    (d) Any municipality or county making a certified report to
18the Secretary of State pursuant to this Section shall notify
19the Secretary of State, in a form prescribed by the Secretary,
20whenever a person named in the certified report has paid the
21previously reported fine or penalty, whenever a person named in
22the certified report has entered into a payment plan pursuant
23to which the municipality or county has agreed to terminate the
24suspension, or whenever the municipality or county determines
25that the original report was in error. A certified copy of such
26notification shall also be given upon request and at no

 

 

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1additional charge to the person named therein. Upon receipt of
2the municipality's or county's notification or presentation of
3a certified copy of such notification, the Secretary of State
4shall terminate the suspension.
5    (e) Any municipality or county making a certified report to
6the Secretary of State pursuant to this Section shall also by
7ordinance establish procedures for persons to challenge the
8accuracy of the certified report. The ordinance shall also
9state the grounds for such a challenge, which may be limited to
10(1) the person not having been the owner or lessee of the
11vehicle or vehicles receiving 10 or more standing, parking, or
12compliance violation notices or a combination of 5 or more
13automated speed enforcement system or automated traffic law
14violations on the date or dates such notices were issued; and
15(2) the person having already paid the fine or penalty for the
1610 or more standing, parking, or compliance violations or
17combination of 5 or more automated speed enforcement system or
18automated traffic law violations indicated on the certified
19report.
20    (f) Any municipality or county, other than a municipality
21or county establishing vehicular standing, parking, and
22compliance regulations pursuant to Section 11-208.3, automated
23speed enforcement system regulations under Section 11-208.8,
24or automated traffic law regulations under Section 11-208.6 or
2511-1201.1, may also cause a suspension of a person's drivers
26license pursuant to this Section. Such municipality or county

 

 

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1may invoke this sanction by making a certified report to the
2Secretary of State upon a person's failure to satisfy any fine
3or penalty imposed by final judgment for 10 or more violations
4of local standing, parking, or compliance regulations or a
5combination of 5 or more automated speed enforcement system or
6automated traffic law violations after exhaustion of judicial
7review procedures, but only if:
8        (1) the municipality or county complies with the
9    provisions of this Section in all respects except in regard
10    to enacting an ordinance pursuant to Section 11-208.3;
11        (2) the municipality or county has sent a notice of
12    impending drivers license suspension as prescribed by an
13    ordinance enacted pursuant to subsection (g) of this
14    Section; and
15        (3) in municipalities or counties with a population of
16    1,000,000 or more, the municipality or county has verified
17    that the alleged violator's State vehicle registration
18    number and vehicle make are correct as they appear on the
19    citations.
20    (g) Any municipality or county, other than a municipality
21or county establishing standing, parking, and compliance
22regulations pursuant to Section 11-208.3, automated speed
23enforcement system regulations under Section 11-208.8, or
24automated traffic law regulations under Section 11-208.6 or
2511-1201.1, may provide by ordinance for the sending of a notice
26of impending drivers license suspension to the person who has

 

 

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1failed to satisfy any fine or penalty imposed by final judgment
2for 10 or more violations of local standing, parking, or
3compliance regulations or a combination of 5 or more automated
4speed enforcement system or automated traffic law violations
5after exhaustion of judicial review procedures. An ordinance so
6providing shall specify that the notice sent to the person
7liable for any fine or penalty shall state that failure to pay
8the fine or penalty owing within 45 days of the notice's date
9will result in the municipality or county notifying the
10Secretary of State that the person's drivers license is
11eligible for suspension pursuant to this Section. The notice of
12impending drivers license suspension shall be sent by first
13class United States mail, postage prepaid, to the address
14recorded with the Secretary of State or at the last address
15known to the lessor of the cited vehicle at the time of lease
16or, if any notice sent under Section 11-208.3 of this Code is
17returned as undeliverable, to the last known address recorded
18in a United States Post Office approved database.
19    (h) An administrative hearing to contest an impending
20suspension or a suspension made pursuant to this Section may be
21had upon filing a written request with the Secretary of State.
22The filing fee for this hearing shall be $20, to be paid at the
23time the request is made. A municipality or county which files
24a certified report with the Secretary of State pursuant to this
25Section shall reimburse the Secretary for all reasonable costs
26incurred by the Secretary as a result of the filing of the

 

 

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1report, including but not limited to the costs of providing the
2notice required pursuant to subsection (b) and the costs
3incurred by the Secretary in any hearing conducted with respect
4to the report pursuant to this subsection and any appeal from
5such a hearing.
6    (i) The provisions of this Section shall apply on and after
7January 1, 1988.
8    (j) For purposes of this Section, the term "compliance
9violation" is defined as in Section 11-208.3.
10(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
1196-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)
 
12    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
13    Sec. 11-208. Powers of local authorities.
14    (a) The provisions of this Code shall not be deemed to
15prevent local authorities with respect to streets and highways
16under their jurisdiction and within the reasonable exercise of
17the police power from:
18        1. Regulating the standing or parking of vehicles,
19    except as limited by Sections 11-1306 and 11-1307 of this
20    Act;
21        2. Regulating traffic by means of police officers or
22    traffic control signals;
23        3. Regulating or prohibiting processions or
24    assemblages on the highways;
25        4. Designating particular highways as one-way highways

 

 

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1    and requiring that all vehicles thereon be moved in one
2    specific direction;
3        5. Regulating the speed of vehicles in public parks
4    subject to the limitations set forth in Section 11-604;
5        6. Designating any highway as a through highway, as
6    authorized in Section 11-302, and requiring that all
7    vehicles stop before entering or crossing the same or
8    designating any intersection as a stop intersection or a
9    yield right-of-way intersection and requiring all vehicles
10    to stop or yield the right-of-way at one or more entrances
11    to such intersections;
12        7. Restricting the use of highways as authorized in
13    Chapter 15;
14        8. Regulating the operation of bicycles and requiring
15    the registration and licensing of same, including the
16    requirement of a registration fee;
17        9. Regulating or prohibiting the turning of vehicles or
18    specified types of vehicles at intersections;
19        10. Altering the speed limits as authorized in Section
20    11-604;
21        11. Prohibiting U-turns;
22        12. Prohibiting pedestrian crossings at other than
23    designated and marked crosswalks or at intersections;
24        13. Prohibiting parking during snow removal operation;
25        14. Imposing fines in accordance with Section
26    11-1301.3 as penalties for use of any parking place

 

 

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1    reserved for persons with disabilities, as defined by
2    Section 1-159.1, or disabled veterans by any person using a
3    motor vehicle not bearing registration plates specified in
4    Section 11-1301.1 or a special decal or device as defined
5    in Section 11-1301.2 as evidence that the vehicle is
6    operated by or for a person with disabilities or disabled
7    veteran;
8        15. Adopting such other traffic regulations as are
9    specifically authorized by this Code; or
10        16. Enforcing the provisions of subsection (f) of
11    Section 3-413 of this Code or a similar local ordinance.
12    (b) No ordinance or regulation enacted under subsections 1,
134, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
14until signs giving reasonable notice of such local traffic
15regulations are posted.
16    (c) The provisions of this Code shall not prevent any
17municipality having a population of 500,000 or more inhabitants
18from prohibiting any person from driving or operating any motor
19vehicle upon the roadways of such municipality with headlamps
20on high beam or bright.
21    (d) The provisions of this Code shall not be deemed to
22prevent local authorities within the reasonable exercise of
23their police power from prohibiting, on private property, the
24unauthorized use of parking spaces reserved for persons with
25disabilities.
26    (e) No unit of local government, including a home rule

 

 

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1unit, may enact or enforce an ordinance that applies only to
2motorcycles if the principal purpose for that ordinance is to
3restrict the access of motorcycles to any highway or portion of
4a highway for which federal or State funds have been used for
5the planning, design, construction, or maintenance of that
6highway. No unit of local government, including a home rule
7unit, may enact an ordinance requiring motorcycle users to wear
8protective headgear. Nothing in this subsection (e) shall
9affect the authority of a unit of local government to regulate
10motorcycles for traffic control purposes or in accordance with
11Section 12-602 of this Code. No unit of local government,
12including a home rule unit, may regulate motorcycles in a
13manner inconsistent with this Code. This subsection (e) is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17    (f) A municipality or county designated in Section 11-208.6
18may enact an ordinance providing for an automated traffic law
19enforcement system to enforce violations of this Code or a
20similar provision of a local ordinance and imposing liability
21on a registered owner or lessee of a vehicle used in such a
22violation.
23    (g) A municipality or county, as provided in Section
2411-1201.1, may enact an ordinance providing for an automated
25traffic law enforcement system to enforce violations of Section
2611-1201 of this Code or a similar provision of a local

 

 

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1ordinance and imposing liability on a registered owner of a
2vehicle used in such a violation.
3    (h) A municipality or county designated in Section 11-208.8
4may enact an ordinance providing for an automated speed
5enforcement system to enforce violations of Article VI of
6Chapter 11 of this Code or a similar provision of a local
7ordinance.
8(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
9eff. 1-1-12.)
 
10    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
11    Sec. 11-208.3. Administrative adjudication of violations
12of traffic regulations concerning the standing, parking, or
13condition of vehicles, and automated traffic law violations,
14and automated speed enforcement system violations.
15    (a) Any municipality or county may provide by ordinance for
16a system of administrative adjudication of vehicular standing
17and parking violations and vehicle compliance violations as
18described in this subsection, and automated traffic law
19violations as defined in Section 11-208.6 or 11-1201.1, and
20automated speed enforcement system violations as defined in
21Section 11-208.8. The administrative system shall have as its
22purpose the fair and efficient enforcement of municipal or
23county regulations through the administrative adjudication of
24automated speed enforcement system or automated traffic law
25violations and violations of municipal or county ordinances

 

 

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1regulating the standing and parking of vehicles, the condition
2and use of vehicle equipment, and the display of municipal or
3county wheel tax licenses within the municipality's or county's
4borders. The administrative system shall only have authority to
5adjudicate civil offenses carrying fines not in excess of $500
6or requiring the completion of a traffic education program, or
7both, that occur after the effective date of the ordinance
8adopting such a system under this Section. For purposes of this
9Section, "compliance violation" means a violation of a
10municipal or county regulation governing the condition or use
11of equipment on a vehicle or governing the display of a
12municipal or county wheel tax license.
13    (b) Any ordinance establishing a system of administrative
14adjudication under this Section shall provide for:
15        (1) A traffic compliance administrator authorized to
16    adopt, distribute and process parking, compliance, and
17    automated speed enforcement system or automated traffic
18    law violation notices and other notices required by this
19    Section, collect money paid as fines and penalties for
20    violation of parking and compliance ordinances and
21    automated speed enforcement system or automated traffic
22    law violations, and operate an administrative adjudication
23    system. The traffic compliance administrator also may make
24    a certified report to the Secretary of State under Section
25    6-306.5.
26        (2) A parking, standing, compliance, automated speed

 

 

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1    enforcement system, or automated traffic law violation
2    notice that shall specify the date, time, and place of
3    violation of a parking, standing, compliance, automated
4    speed enforcement system, or automated traffic law
5    regulation; the particular regulation violated; any
6    requirement to complete a traffic education program; the
7    fine and any penalty that may be assessed for late payment
8    or failure to complete a required traffic education
9    program, or both, when so provided by ordinance; the
10    vehicle make and state registration number; and the
11    identification number of the person issuing the notice.
12    With regard to automated speed enforcement system or
13    automated traffic law violations, vehicle make shall be
14    specified on the automated speed enforcement system or
15    automated traffic law violation notice if the make is
16    available and readily discernible. With regard to
17    municipalities or counties with a population of 1 million
18    or more, it shall be grounds for dismissal of a parking
19    violation if the state registration number or vehicle make
20    specified is incorrect. The violation notice shall state
21    that the completion of any required traffic education
22    program, the payment of any indicated fine, and the payment
23    of any applicable penalty for late payment or failure to
24    complete a required traffic education program, or both,
25    shall operate as a final disposition of the violation. The
26    notice also shall contain information as to the

 

 

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1    availability of a hearing in which the violation may be
2    contested on its merits. The violation notice shall specify
3    the time and manner in which a hearing may be had.
4        (3) Service of the parking, standing, or compliance
5    violation notice by affixing the original or a facsimile of
6    the notice to an unlawfully parked vehicle or by handing
7    the notice to the operator of a vehicle if he or she is
8    present and service of an automated speed enforcement
9    system or automated traffic law violation notice by mail to
10    the address of the registered owner or lessee of the cited
11    vehicle as recorded with the Secretary of State or the
12    lessor of the motor vehicle within 30 days after the
13    Secretary of State or the lessor of the motor vehicle
14    notifies the municipality or county of the identity of the
15    owner or lessee of the vehicle, but not later than 90 days
16    after the violation, except that in the case of a lessee of
17    a motor vehicle, service of an automated traffic law
18    violation notice may occur no later than 210 days after the
19    violation. A person authorized by ordinance to issue and
20    serve parking, standing, and compliance violation notices
21    shall certify as to the correctness of the facts entered on
22    the violation notice by signing his or her name to the
23    notice at the time of service or in the case of a notice
24    produced by a computerized device, by signing a single
25    certificate to be kept by the traffic compliance
26    administrator attesting to the correctness of all notices

 

 

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1    produced by the device while it was under his or her
2    control. In the case of an automated traffic law violation,
3    the ordinance shall require a determination by a technician
4    employed or contracted by the municipality or county that,
5    based on inspection of recorded images, the motor vehicle
6    was being operated in violation of Section 11-208.6 or
7    11-1201.1 or a local ordinance. If the technician
8    determines that the vehicle entered the intersection as
9    part of a funeral procession or in order to yield the
10    right-of-way to an emergency vehicle, a citation shall not
11    be issued. In municipalities with a population of less than
12    1,000,000 inhabitants and counties with a population of
13    less than 3,000,000 inhabitants, the automated traffic law
14    ordinance shall require that all determinations by a
15    technician that a motor vehicle was being operated in
16    violation of Section 11-208.6 or 11-1201.1 or a local
17    ordinance must be reviewed and approved by a law
18    enforcement officer or retired law enforcement officer of
19    the municipality or county issuing the violation. In
20    municipalities with a population of 1,000,000 or more
21    inhabitants and counties with a population of 3,000,000 or
22    more inhabitants, the automated traffic law ordinance
23    shall require that all determinations by a technician that
24    a motor vehicle was being operated in violation of Section
25    11-208.6 or 11-1201.1 or a local ordinance must be reviewed
26    and 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 or by an additional fully-trained reviewing
3    technician who is not employed by the contractor who
4    employs the technician who made the initial determination.
5    In the case of an automated speed enforcement system
6    violation, the ordinance shall require a determination by a
7    technician employed by the municipality, based upon an
8    inspection of recorded images, video or other
9    documentation, including documentation of the speed limit
10    and automated speed enforcement signage, and documentation
11    of the inspection, calibration, and certification of the
12    speed equipment, that the vehicle was being operated in
13    violation of Article VI of Chapter 11 of this Code or a
14    similar local ordinance. If the technician determines that
15    the vehicle speed was not determined by a calibrated,
16    certified speed equipment device based upon the speed
17    equipment documentation, or if the vehicle was an emergency
18    vehicle, a citation may not be issued. The automated speed
19    enforcement ordinance shall require that all
20    determinations by a technician that a violation occurred be
21    reviewed and approved by a law enforcement officer or
22    retired law enforcement officer of the municipality
23    issuing the violation or by an additional fully trained
24    reviewing technician who is not employed by the contractor
25    who employs the technician who made the initial
26    determination. Routine and independent calibration of the

 

 

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1    speeds produced by automated speed enforcement systems and
2    equipment shall be conducted by a qualified technician.
3    Speeds produced by an automated speed enforcement system
4    shall be compared with speeds produced by lidar or other
5    independent equipment. Qualified technicians shall test
6    radar or lidar equipment no less frequently than once every
7    60 days, and shall test loop based equipment no less
8    frequently than once a year. Documentation of the
9    calibration results, including the equipment tested, test
10    date, technician performing the test, and test results,
11    shall be maintained and available for use in the
12    determination of an automated speed enforcement system
13    violation and issuance of a citation. The technician
14    performing the calibration and testing of the automated
15    speed enforcement equipment shall be trained and certified
16    in the use of equipment for speed enforcement purposes.
17    Training on the speed enforcement equipment may be
18    conducted by law enforcement, civilian, or manufacturer's
19    personnel and shall be equivalent to the equipment use and
20    operations training included in the Speed Measuring Device
21    Operator Program developed by the National Highway Traffic
22    Safety Administration (NHTSA). The technician who performs
23    the work shall keep accurate records on each piece of
24    equipment the technician calibrates and tests. As used in
25    this paragraph, "fully-trained reviewing technician" means
26    a person who has received at least 40 hours of supervised

 

 

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

 

 

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

 

 

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1    11-208.6, or subsection (q) of Section 11-208.8 of this
2    Code, to the lessee of the cited vehicle at the last
3    address known to the lessor of the cited vehicle at the
4    time of lease or, if any notice to that address is returned
5    as undeliverable, to the last known address recorded in a
6    United States Post Office approved database. The service
7    shall be deemed complete as of the date of deposit in the
8    United States mail. The notices shall be in the following
9    sequence and shall include but not be limited to the
10    information specified herein:
11            (i) A second notice of parking, standing, or
12        compliance violation. This notice shall specify the
13        date and location of the violation cited in the
14        parking, standing, or compliance violation notice, the
15        particular regulation violated, the vehicle make and
16        state registration number, any requirement to complete
17        a traffic education program, the fine and any penalty
18        that may be assessed for late payment or failure to
19        complete a traffic education program, or both, when so
20        provided by ordinance, the availability of a hearing in
21        which the violation may be contested on its merits, and
22        the time and manner in which the hearing may be had.
23        The notice of violation shall also state that failure
24        to complete a required traffic education program, to
25        pay the indicated fine and any applicable penalty, or
26        to appear at a hearing on the merits in the time and

 

 

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

 

 

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1        filing of a petition in the Circuit Court to have the
2        incomplete traffic education program or unpaid fine or
3        penalty, or both, rendered a judgment as provided by
4        this Section, or may result in suspension of the
5        person's drivers license for failure to complete a
6        traffic education program or to pay fines or penalties,
7        or both, for 10 or more parking violations under
8        Section 6-306.5, or a combination of 5 or more
9        automated traffic law violations under Section
10        11-208.6 or automated speed enforcement system
11        violations under Section 11-208.8.
12        (6) A notice of impending drivers license suspension.
13    This notice shall be sent to the person liable for failure
14    to complete a required traffic education program or to pay
15    any fine or penalty that remains due and owing, or both, on
16    10 or more parking violations or combination of 5 or more
17    unpaid automated speed enforcement system or automated
18    traffic law violations. The notice shall state that failure
19    to complete a required traffic education program or to pay
20    the fine or penalty owing, or both, within 45 days of the
21    notice's date will result in the municipality or county
22    notifying the Secretary of State that the person is
23    eligible for initiation of suspension proceedings under
24    Section 6-306.5 of this Code. The notice shall also state
25    that the person may obtain a photostatic copy of an
26    original ticket imposing a fine or penalty by sending a

 

 

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1    self addressed, stamped envelope to the municipality or
2    county along with a request for the photostatic copy. The
3    notice of impending drivers license suspension shall be
4    sent by first class United States mail, postage prepaid, to
5    the address recorded with the Secretary of State or, if any
6    notice to that address is returned as undeliverable, to the
7    last known address recorded in a United States Post Office
8    approved database.
9        (7) Final determinations of violation liability. A
10    final determination of violation liability shall occur
11    following failure to complete the required traffic
12    education program or to pay the fine or penalty, or both,
13    after a hearing officer's determination of violation
14    liability and the exhaustion of or failure to exhaust any
15    administrative review procedures provided by ordinance.
16    Where a person fails to appear at a hearing to contest the
17    alleged violation in the time and manner specified in a
18    prior mailed notice, the hearing officer's determination
19    of violation liability shall become final: (A) upon denial
20    of a timely petition to set aside that determination, or
21    (B) upon expiration of the period for filing the petition
22    without a filing having been made.
23        (8) A petition to set aside a determination of parking,
24    standing, compliance, automated speed enforcement system,
25    or automated traffic law violation liability that may be
26    filed by a person owing an unpaid fine or penalty. A

 

 

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

 

 

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1    vehicular standing, parking, compliance, automated speed
2    enforcement system, or automated traffic law regulations
3    enacted by ordinance pursuant to this Section, and a
4    schedule of penalties for late payment of the fines or
5    failure to complete required traffic education programs,
6    provided, however, that the total amount of the fine and
7    penalty for any one violation shall not exceed $250, except
8    as provided in subsection (c) of Section 11-1301.3 of this
9    Code.
10        (11) Other provisions as are necessary and proper to
11    carry into effect the powers granted and purposes stated in
12    this Section.
13    (c) Any municipality or county establishing vehicular
14standing, parking, compliance, automated speed enforcement
15system, or automated traffic law regulations under this Section
16may also provide by ordinance for a program of vehicle
17immobilization for the purpose of facilitating enforcement of
18those regulations. The program of vehicle immobilization shall
19provide for immobilizing any eligible vehicle upon the public
20way by presence of a restraint in a manner to prevent operation
21of the vehicle. Any ordinance establishing a program of vehicle
22immobilization under this Section shall provide:
23        (1) Criteria for the designation of vehicles eligible
24    for immobilization. A vehicle shall be eligible for
25    immobilization when the registered owner of the vehicle has
26    accumulated the number of incomplete traffic education

 

 

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

 

 

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

 

 

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

 

 

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1violation, plus costs. The judgment shall have the same effect
2and may be enforced in the same manner as other judgments for
3the recovery of money.
4    (g) The fee for participating in a traffic education
5program under this Section shall not exceed $25.
6    A low-income individual required to complete a traffic
7education program under this Section who provides proof of
8eligibility for the federal earned income tax credit under
9Section 32 of the Internal Revenue Code or the Illinois earned
10income tax credit under Section 212 of the Illinois Income Tax
11Act shall not be required to pay any fee for participating in a
12required traffic education program.
13(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
1496-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
157-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11.)".
 
16    (625 ILCS 5/11-208.6)
17    Sec. 11-208.6. Automated traffic law enforcement system.
18    (a) As used in this Section, "automated traffic law
19enforcement system" means a device with one or more motor
20vehicle sensors working in conjunction with a red light signal
21to produce recorded images of motor vehicles entering an
22intersection against a red signal indication in violation of
23Section 11-306 of this Code or a similar provision of a local
24ordinance.
25    An automated traffic law enforcement system is a system, in

 

 

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1a municipality or county operated by a governmental agency,
2that produces a recorded image of a motor vehicle's violation
3of a provision of this Code or a local ordinance and is
4designed to obtain a clear recorded image of the vehicle and
5the vehicle's license plate. The recorded image must also
6display the time, date, and location of the violation.
7    (b) As used in this Section, "recorded images" means images
8recorded by an automated traffic law enforcement system on:
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, on
13    at least one image or portion of the recording, clearly
14    identifying the registration plate number of the motor
15    vehicle.
16    (b-5) 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 the
21Internet.
22    (c) Except as provided under Section 11-208.8 of this Code,
23a A county or municipality, including a home rule county or
24municipality, may not use an automated traffic law enforcement
25system to provide recorded images of a motor vehicle for the
26purpose of recording its speed. Except as provided under

 

 

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1Section 11-208.8 of this Code, the The regulation of the use of
2automated traffic law enforcement systems to record vehicle
3speeds is an exclusive power and function of the State. This
4subsection (c) is a denial and limitation of home rule powers
5and functions under subsection (h) of Section 6 of Article VII
6of the Illinois Constitution.
7    (c-5) A county or municipality, including a home rule
8county or municipality, may not use an automated traffic law
9enforcement system to issue violations in instances where the
10motor vehicle comes to a complete stop and does not enter the
11intersection, as defined by Section 1-132 of this Code, during
12the cycle of the red signal indication unless one or more
13pedestrians or bicyclists are present, even if the motor
14vehicle stops at a point past a stop line or crosswalk where a
15driver is required to stop, as specified in subsection (c) of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18    (d) For each violation of a provision of this Code or a
19local ordinance recorded by an automatic traffic law
20enforcement system, the county or municipality having
21jurisdiction shall issue a written notice of the violation to
22the registered owner of the vehicle as the alleged violator.
23The notice shall be delivered to the registered owner of the
24vehicle, by mail, within 30 days after the Secretary of State
25notifies the municipality or county of the identity of the
26owner of the vehicle, but in no event later than 90 days after

 

 

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

 

 

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

 

 

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1violation of this Section, however, may be admissible in any
2proceeding resulting from the issuance of the citation.
3    (h) The court or hearing officer may consider in defense of
4a violation:
5        (1) that the motor vehicle or registration plates of
6    the motor vehicle were stolen before the violation occurred
7    and not under the control of or in the possession of the
8    owner at the time of the violation;
9        (2) that the driver of the vehicle passed through the
10    intersection when the light was red either (i) in order to
11    yield the right-of-way to an emergency vehicle or (ii) as
12    part of a funeral procession; and
13        (3) any other evidence or issues provided by municipal
14    or county ordinance.
15    (i) To demonstrate that the motor vehicle or the
16registration plates were stolen before the violation occurred
17and were not under the control or possession of the owner at
18the time of the violation, the owner must submit proof that a
19report concerning the stolen motor vehicle or registration
20plates was filed with a law enforcement agency in a timely
21manner.
22    (j) Unless the driver of the motor vehicle received a
23Uniform Traffic Citation from a police officer at the time of
24the violation, the motor vehicle owner is subject to a civil
25penalty not exceeding $100 or the completion of a traffic
26education program, or both, plus an additional penalty of not

 

 

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

 

 

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

 

 

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1enforcement system. The statistical analysis required by this
2subsection (k-7) shall be made available to the public and
3shall be published on the website of the municipality or
4county. If the statistical analysis for the 36 month period
5following installation of the system indicates that there has
6been an increase in the rate of accidents at the approach to
7the intersection monitored by the system, the municipality or
8county shall undertake additional studies to determine the
9cause and severity of the accidents, and may take any action
10that it determines is necessary or appropriate to reduce the
11number or severity of the accidents at that intersection.
12    (l) The compensation paid for an automated traffic law
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (m) This Section applies only to the counties of Cook,
18DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
19to municipalities located within those counties.
20    (n) The fee for participating in a traffic education
21program under this Section shall not exceed $25.
22    A low-income individual required to complete a traffic
23education program under this Section who provides proof of
24eligibility for the federal earned income tax credit under
25Section 32 of the Internal Revenue Code or the Illinois earned
26income tax credit under Section 212 of the Illinois Income Tax

 

 

HB3851- 39 -LRB097 14069 HEP 58719 b

1Act shall not be required to pay any fee for participating in a
2required traffic education program.
3    (o) A municipality or county shall make a certified report
4to the Secretary of State pursuant to Section 6-306.5 of this
5Code whenever a registered owner of a vehicle has failed to pay
6any fine or penalty due and owing as a result of a combination
7of 5 offenses for automated traffic law or speed enforcement
8system violations.
9    (p) No person who is the lessor of a motor vehicle pursuant
10to a written lease agreement shall be liable for an automated
11speed or traffic law enforcement system violation involving
12such motor vehicle during the period of the lease; provided
13that upon the request of the appropriate authority received
14within 120 days after the violation occurred, the lessor
15provides within 60 days after such receipt the name and address
16of the lessee. The drivers license number of a lessee may be
17subsequently individually requested by the appropriate
18authority if needed for enforcement of this Section.
19    Upon the provision of information by the lessor pursuant to
20this subsection, the county or municipality may issue the
21violation to the lessee of the vehicle in the same manner as it
22would issue a violation to a registered owner of a vehicle
23pursuant to this Section, and the lessee may be held liable for
24the violation.
25(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
2697-29, eff. 1-1-12.)
 

 

 

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

 

 

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1        (2) 2 or more microphotographs;
2        (3) 2 or more electronic images; or
3        (4) a video recording showing the motor vehicle and, on
4    at least one image or portion of the recording, clearly
5    identifying the registration plate number of the motor
6    vehicle.
7    "Safety zone" means an area that is within one-fourth of a
8mile from the nearest property line of any facility, area, or
9land owned by a park district, school district, community
10college district, or public or private college or university
11that is used for recreational or educational purposes; provided
12that if any portion a roadway is within that radius, the safety
13zone also shall include the roadway extended to the furthest
14portion of the next furthest intersection.
15    (b) A municipality that produces a recorded image of a
16motor vehicle's violation of a provision of this Code or a
17local ordinance must make the recorded images of a violation
18accessible to the alleged violator by providing the alleged
19violator with a website address, accessible through the
20Internet.
21    (c) Notwithstanding any penalties for any other violations
22of this Code, the owner of a motor vehicle used in a traffic
23violation recorded by an automated speed enforcement system
24shall be subject to a civil penalty not exceeding $100 for each
25violation, plus an additional penalty of not more than $100 for
26failure to pay the original penalty in a timely manner, unless

 

 

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1the driver of the motor vehicle received a Uniform Traffic
2Citation from a police officer for a speeding violation
3occurring within 5 minutes of the violation that was recorded
4by the system. A violation for which a civil penalty is imposed
5under this Section is not a violation of a traffic regulation
6governing the movement of vehicles and may not be recorded on
7the driving record of the owner of the vehicle. A law
8enforcement officer is not required to be present or to witness
9the violation.
10    (d) The net proceeds that a municipality receives from
11civil penalties imposed under an automated speed enforcement
12system, after deducting all non-personnel and personnel costs
13associated with the operation and maintenance of such system,
14shall be expended or obligated by the municipality for the
15following purposes:
16        (i) public safety initiatives to ensure safe passage
17    around schools, and to provide police protection and
18    surveillance around schools and parks, including but not
19    limited to: (1) personnel costs; and (2) non-personnel
20    costs such as construction and maintenance of public safety
21    infrastructure and equipment;
22        (ii) initiatives to improve pedestrian and traffic
23    safety; and
24        (iii) construction and maintenance of infrastructure
25    within the municipality, including but not limited to roads
26    and bridges.

 

 

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

 

 

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1    privileges of the registered owner of the vehicle;
2        (9) a statement that the person may elect to proceed
3    by:
4            (A) paying the fine; or
5            (B) challenging the charge in court, by mail, or by
6        administrative hearing; and
7        (10) a website address, accessible through the
8    Internet, where the person may view the recorded images of
9    the violation.
10    (g) If a person charged with a traffic violation, as a
11result of an automated speed enforcement system, does not pay
12the fine or successfully contest the civil penalty resulting
13from that violation, the Secretary of State shall suspend the
14driving privileges of the registered owner of the vehicle under
15Section 6-306.5 of this Code for failing to pay any fine or
16penalty due and owing, or both, as a result of a combination of
175 violations of the automated speed enforcement system or the
18automated traffic law under Section 11-208.6 of this Code.
19    (h) Based on inspection of recorded images produced by an
20automated speed enforcement system, a notice alleging that the
21violation occurred shall be evidence of the facts contained in
22the notice and admissible in any proceeding alleging a
23violation under this Section.
24    (i) Recorded images made by an automated speed enforcement
25system are confidential and shall be made available only to the
26alleged violator and governmental and law enforcement agencies

 

 

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1for purposes of adjudicating a violation of this Section, for
2statistical purposes, or for other governmental purposes. Any
3recorded image evidencing a violation of this Section, however,
4may be admissible in any proceeding resulting from the issuance
5of the citation.
6    (j) The court or hearing officer may consider in defense of
7a violation:
8        (1) that the motor vehicle or registration plates of
9    the motor vehicle were stolen before the violation occurred
10    and not under the control or in the possession of the owner
11    at the time of the violation;
12        (2) that the driver of the motor vehicle received a
13    Uniform Traffic Citation from a police officer for a
14    speeding violation occurring within 5 minutes of the
15    violation that was recorded by the system; and
16        (3) any other evidence or issues provided by municipal
17    ordinance.
18    (k) To demonstrate that the motor vehicle or the
19registration plates were stolen before the violation occurred
20and were not under the control or possession of the owner at
21the time of the violation, the owner must submit proof that a
22report concerning the stolen motor vehicle or registration
23plates was filed with a law enforcement agency in a timely
24manner.
25    (l) A roadway equipped with an automated speed enforcement
26system shall be posted with a sign conforming to the national

 

 

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1Manual on Uniform Traffic Control Devices that is visible to
2approaching traffic stating that vehicle speeds are being
3photo-enforced and indicating the speed limit. The
4municipality shall install such additional signage as it
5determines is necessary to give reasonable notice to drivers as
6to where automated speed enforcement systems are installed.
7    (m) A roadway where a new automated speed enforcement
8system is installed shall be posted with signs providing 30
9days notice of the use of a new automated speed enforcement
10system prior to the issuance of any citations through the
11automated speed enforcement system.
12    (n) The compensation paid for an automated speed
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (o) A municipality shall make a certified report to the
18Secretary of State pursuant to Section 6-306.5 of this Code
19whenever a registered owner of a vehicle has failed to pay any
20fine or penalty due and owing as a result of a combination of 5
21offenses for automated speed or traffic law enforcement system
22violations.
23    (p) If any part of this Section is for any reason held to
24be unconstitutional, such decision shall not affect the
25remaining parts of this Section. The General Assembly hereby
26declares that it would have passed the remaining parts of this

 

 

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1Section irrespective of the fact that one or more parts might
2be declared unconstitutional.
3    (q) No person who is the lessor of a motor vehicle pursuant
4to a written lease agreement shall be liable for an automated
5speed or traffic law enforcement system violation involving
6such motor vehicle during the period of the lease; provided
7that upon the request of the appropriate authority received
8within 120 days after the violation occurred, the lessor
9provides within 60 days after such receipt the name and address
10of the lessee. The drivers license number of a lessee may be
11subsequently individually requested by the appropriate
12authority if needed for enforcement of this Section.
13    Upon the provision of information by the lessor pursuant to
14this subsection, the municipality may issue the violation to
15the lessee of the vehicle in the same manner as it would issue
16a violation to a registered owner of a vehicle pursuant to this
17Section, and the lessee may be held liable for the violation.
18    (r) A municipality using an automated speed enforcement
19system must provide notice to drivers by publishing the
20locations of all safety zones where system equipment is
21installed on the website of the municipality.
22    (s) A municipality operating an automated speed
23enforcement system shall conduct a statistical analysis to
24assess the safety impact of the system. The statistical
25analysis shall be based upon the best available crash, traffic,
26and other data, and shall cover a period of time before and

 

 

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1after installation of the system sufficient to provide a
2statistically valid comparison of safety impact. The
3statistical analysis shall be consistent with professional
4judgment and acceptable industry practice. The statistical
5analysis also shall be consistent with the data required for
6valid comparisons of before and after conditions and shall be
7conducted within a reasonable period following the
8installation of the automated traffic law enforcement system.
9The statistical analysis required by this subsection (s) shall
10be made available to the public and shall be published on the
11website of the municipality.
12    (t) This Section applies only to municipalities with a
13population of 1,000,000 or more inhabitants.
 
14    (625 ILCS 5/11-612)
15    Sec. 11-612. Certain systems to record vehicle speeds
16prohibited. Except as authorized in the Automated Traffic
17Control Systems in Highway Construction or Maintenance Zones
18Act and Section 11-208.8 of this Code, no photographic, video,
19or other imaging system may be used in this State to record
20vehicle speeds for the purpose of enforcing any law or
21ordinance regarding a maximum or minimum speed limit unless a
22law enforcement officer is present at the scene and witnesses
23the event. No State or local governmental entity, including a
24home rule county or municipality, may use such a system in a
25way that is prohibited by this Section. The regulation of the

 

 

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1use of such systems is an exclusive power and function of the
2State. This Section is a denial and limitation of home rule
3powers and functions under subsection (h) of Section 6 of
4Article VII of the Illinois Constitution.
5(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06;
694-814, eff. 1-1-07.)
 
7    (625 ILCS 5/12-610.5)
8    Sec. 12-610.5. Registration plate covers.
9    (a) In this Section, "registration plate cover" means any
10tinted, colored, painted, marked, clear, or illuminated object
11that is designed to:
12        (1) cover any of the characters of a motor vehicle's
13    registration plate; or
14        (2) distort a recorded image of any of the characters
15    of a motor vehicle's registration plate recorded by an
16    automated traffic law enforcement system as defined in
17    Section 11-208.6 of this Code or an automated speed
18    enforcement system as defined in Section 11-208.8 of this
19    Code, or recorded by an automated traffic control system as
20    defined in Section 15 of the Automated Traffic Control
21    Systems in Highway Construction or Maintenance Zones Act.
22    (b) It shall be unlawful to operate any motor vehicle that
23is equipped with registration plate covers.
24    (c) A person may not sell or offer for sale a registration
25plate cover.

 

 

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1    (d) A person may not advertise for the purpose of promoting
2the sale of registration plate covers.
3    (e) A violation of this Section or a similar provision of a
4local ordinance shall be an offense against laws and ordinances
5regulating the movement of traffic.
6(Source: P.A. 96-328, eff. 8-11-09.)
 
7    Section 99. Effective date. This Act takes effect July 1,
82012.