SB2528 EngrossedLRB097 14717 HEP 59704 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. If and only if House Bill 2860 of the 97th
5General Assembly becomes law, the Illinois Vehicle Code is
6amended by changing Sections 11-208.6 and 11-306 as follows:
 
7    (625 ILCS 5/11-208.6)
8    Sec. 11-208.6. Automated traffic law enforcement system.
9    (a) As used in this Section, "automated traffic law
10enforcement system" means a device with one or more motor
11vehicle sensors working in conjunction with a red light signal
12to produce recorded images of motor vehicles entering an
13intersection against a red signal indication in violation of
14Section 11-306 of this Code or a similar provision of a local
15ordinance.
16    An automated traffic law enforcement system is a system, in
17a municipality or county operated by a governmental agency,
18that produces a recorded image of a motor vehicle's violation
19of a provision of this Code or a local ordinance and is
20designed to obtain a clear recorded image of the vehicle and
21the vehicle's license plate. The recorded image must also
22display the time, date, and location of the violation.
23    (b) As used in this Section, "recorded images" means images

 

 

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1recorded by an automated traffic law enforcement system on:
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, on
6    at least one image or portion of the recording, clearly
7    identifying the registration plate number of the motor
8    vehicle.
9    (b-5) 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 the
14Internet.
15    (c) A county or municipality, including a home rule county
16or municipality, may not use an automated traffic law
17enforcement system to provide recorded images of a motor
18vehicle for the purpose of recording its speed. The regulation
19of the use of automated traffic law enforcement systems to
20record vehicle speeds is an exclusive power and function of the
21State. This subsection (c) is a denial and limitation of home
22rule powers and functions under subsection (h) of Section 6 of
23Article VII of the Illinois Constitution.
24    (c-5) A county or municipality, including a home rule
25county or municipality, may not use an automated traffic law
26enforcement system to issue violations in instances where the

 

 

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

 

 

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1owner of the vehicle, but in no event later than 90 days after
2the violation.
3    The notice shall include:
4        (1) the name and address of the registered owner of the
5    vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    requirements of any traffic education program imposed and
14    the date by which the civil penalty should be paid and the
15    traffic education program should be completed;
16        (8) a statement that recorded images are evidence of a
17    violation of a red light signal;
18        (9) a warning that failure to pay the civil penalty, to
19    complete a required traffic education program, or to
20    contest liability in a timely manner is an admission of
21    liability and may result in a suspension of the driving
22    privileges of the registered owner of the vehicle;
23        (10) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine, completing a required traffic
26        education program, or both; or

 

 

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1            (B) challenging the charge in court, by mail, or by
2        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    (e) If a person charged with a traffic violation, as a
7result of an automated traffic law enforcement system, does not
8pay the fine or complete a required traffic education program,
9or both, or successfully contest the civil penalty resulting
10from that violation, the Secretary of State shall suspend the
11driving privileges of the registered owner of the vehicle under
12Section 6-306.5 of this Code for failing to complete a required
13traffic education program or to pay any fine or penalty due and
14owing, or both, as a result of 5 violations of the automated
15traffic law enforcement system.
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

 

 

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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 5 offenses for
7automated traffic law violations.
8(Source: 09700HB2860enr.)
 
9    (625 ILCS 5/11-306)   (from Ch. 95 1/2, par. 11-306)
10    Sec. 11-306. Traffic-control signal legend. Whenever
11traffic is controlled by traffic-control signals exhibiting
12different colored lights or color lighted arrows, successively
13one at a time or in combination, only the colors green, red and
14yellow shall be used, except for special pedestrian signals
15carrying a word legend, and the lights shall indicate and apply
16to drivers of vehicles and pedestrians as follows:
17    (a) Green indication.
18        1. Vehicular traffic facing a circular green signal may
19    proceed straight through or turn right or left unless a
20    sign at such place prohibits either such turn. Vehicular
21    traffic, including vehicles turning right or left, shall
22    yield the right of way to other vehicles and to pedestrians
23    lawfully within the intersection or an adjacent crosswalk
24    at the time such signal is exhibited.
25        2. Vehicular traffic facing a green arrow signal, shown

 

 

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1    alone or in combination with another indication, may
2    cautiously enter the intersection only to make the movement
3    indicated by such arrow, or such other movement as is
4    permitted by other indications shown at the same time. Such
5    vehicular traffic shall yield the right of way to
6    pedestrians lawfully within an adjacent crosswalk and to
7    other traffic lawfully using the intersection.
8        3. Unless otherwise directed by a pedestrian-control
9    signal, as provided in Section 11-307, pedestrians facing
10    any green signal, except when the sole green signal is a
11    turn arrow, may proceed across the roadway within any
12    marked or unmarked crosswalk.
13    (b) Steady yellow indication.
14        1. Vehicular traffic facing a steady circular yellow or
15    yellow arrow signal is thereby warned that the related
16    green movement is being terminated or that a red indication
17    will be exhibited immediately thereafter.
18        2. Pedestrians facing a steady circular yellow or
19    yellow arrow signal, unless otherwise directed by a
20    pedestrian-control signal as provided in Section 11-307,
21    are thereby advised that there is insufficient time to
22    cross the roadway before a red indication is shown and no
23    pedestrian shall then start to cross the roadway.
24    (c) Steady red indication.
25        1. Except as provided in paragraphs 3 and 3.5 of this
26    subsection (c), vehicular traffic facing a steady circular

 

 

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1    red signal alone shall stop at a clearly marked stop line,
2    but if there is no such stop line, before entering the
3    crosswalk on the near side of the intersection, or if there
4    is no such crosswalk, then before entering the
5    intersection, and shall remain standing until an
6    indication to proceed is shown.
7        2. Except as provided in paragraphs 3 and 3.5 of this
8    subsection (c), vehicular traffic facing a steady red arrow
9    signal shall not enter the intersection to make the
10    movement indicated by the arrow and, unless entering the
11    intersection to make a movement permitted by another
12    signal, shall stop at a clearly marked stop line, but if
13    there is no such stop line, before entering the crosswalk
14    on the near side of the intersection, or if there is no
15    such crosswalk, then before entering the intersection, and
16    shall remain standing until an indication permitting the
17    movement indicated by such red arrow is shown.
18        3. Except when a sign is in place prohibiting a turn
19    and local authorities by ordinance or State authorities by
20    rule or regulation prohibit any such turn, vehicular
21    traffic facing any steady red signal may cautiously enter
22    the intersection to turn right, or to turn left from a
23    one-way street into a one-way street, after stopping as
24    required by paragraph 1 or paragraph 2 of this subsection.
25    After stopping, the driver shall yield the right of way to
26    any vehicle in the intersection or approaching on another

 

 

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1    roadway so closely as to constitute an immediate hazard
2    during the time such driver is moving across or within the
3    intersection or junction or roadways. Such driver shall
4    yield the right of way to pedestrians within the
5    intersection or an adjacent crosswalk.
6        3.5. In municipalities with less than 2,000,000
7    inhabitants, after stopping as required by paragraph 1 or 2
8    of this subsection, the driver of a motorcycle or bicycle,
9    facing a steady red signal which fails to change to a green
10    signal within a reasonable period of time not less than 120
11    seconds because of a signal malfunction or because the
12    signal has failed to detect the arrival of the motorcycle
13    or bicycle due to the vehicle's size or weight, shall have
14    the right to proceed, after yielding the right of way to
15    oncoming traffic facing a green signal, subject to the
16    rules applicable after making a stop at a stop sign as
17    required by Section 11-1204 of this Code.
18        4. Unless otherwise directed by a pedestrian-control
19    signal as provided in Section 11-307, pedestrians facing a
20    steady circular red or red arrow signal alone shall not
21    enter the roadway.
22    (d) In the event an official traffic control signal is
23erected and maintained at a place other than an intersection,
24the provisions of this Section shall be applicable except as to
25provisions which by their nature can have no application. Any
26stop required shall be at a traffic sign or a marking on the

 

 

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1pavement indicating where the stop shall be made or, in the
2absence of such sign or marking, the stop shall be made at the
3signal.
4    (e) The motorman of any streetcar shall obey the above
5signals as applicable to vehicles.
6(Source: 09700HB2860enr.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.