Full Text of SB2477 96th General Assembly
SB2477 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2477
Introduced 10/14/2009, by Sen. Rickey R. Hendon SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that an automated traffic law system may not be used to issue violations to persons driving a
motor vehicle who come to a stop one foot or less past the point where a driver is required to stop as specified by the Code or a similar provision
of a local ordinance.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2477 |
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LRB096 14783 AJT 29641 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-208.6 as follows:
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| (625 ILCS 5/11-208.6)
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| Sec. 11-208.6. Automated traffic law enforcement system.
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| (a) As used in this Section, "automated traffic law | 9 |
| enforcement
system" means a device with one or more motor | 10 |
| vehicle sensors working
in conjunction with a red light signal | 11 |
| to produce recorded images of
motor vehicles entering an | 12 |
| intersection against a red signal
indication in violation of | 13 |
| Section 11-306 of this Code or a similar provision
of a local | 14 |
| ordinance.
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| An
automated traffic law enforcement system is a system, in | 16 |
| a municipality or
county operated by a
governmental agency, | 17 |
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produces a recorded image of a motor vehicle's
violation | 18 |
| of a provision of this Code or a local ordinance
and is | 19 |
| designed to obtain a clear recorded image of the
vehicle and | 20 |
| the vehicle's license plate. The recorded image must also
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| display the time, date, and location of the violation.
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| (b) As used in this Section, "recorded images" means images
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| recorded by an automated traffic law enforcement system on:
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| (1) 2 or more photographs;
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| (2) 2 or more microphotographs;
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| (3) 2 or more electronic images; or
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| (4) a video recording showing the motor vehicle and, on | 5 |
| at
least one image or portion of the recording, clearly | 6 |
| identifying the
registration plate number of the motor | 7 |
| vehicle.
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| (c) A county or municipality, including a home rule county | 9 |
| or municipality, may not use an automated traffic law | 10 |
| enforcement system to provide recorded images of a motor | 11 |
| vehicle for the purpose of recording its speed. The regulation | 12 |
| of the use of automated traffic law enforcement systems to | 13 |
| record vehicle speeds is an exclusive power and function of the | 14 |
| State. This subsection (c) is a denial and limitation of home | 15 |
| rule powers and functions under subsection (h) of Section 6 of | 16 |
| Article VII of the Illinois Constitution.
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| (c-5) A county or municipality, including a home rule | 18 |
| county or municipality, may not use an automated traffic law | 19 |
| enforcement system to provide recorded images of a motor | 20 |
| vehicle for the purpose of issuing violations to persons | 21 |
| driving a
motor vehicle who come to a stop one foot or less | 22 |
| past the point where a driver is required to stop as specified | 23 |
| in subsection (c) of Section 11-306 of this Code or a similar | 24 |
| provision
of a local ordinance. | 25 |
| (d) For each violation of a provision of this Code or a | 26 |
| local ordinance
recorded by an automatic
traffic law |
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| enforcement system, the county or municipality having
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| jurisdiction shall issue a written notice of the
violation to | 3 |
| the registered owner of the vehicle as the alleged
violator. | 4 |
| The notice shall be delivered to the registered
owner of the | 5 |
| vehicle, by mail, within 30 days after the Secretary of State | 6 |
| notifies the municipality or county of the identity of the | 7 |
| owner of the vehicle, but in no event later than 90 days after | 8 |
| the violation.
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| The notice shall include:
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| (1) the name and address of the registered owner of the
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| vehicle;
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| (2) the registration number of the motor vehicle
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| involved in the violation;
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| (3) the violation charged;
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| (4) the location where the violation occurred;
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| (5) the date and time of the violation;
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| (6) a copy of the recorded images;
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| (7) the amount of the civil penalty imposed and the | 19 |
| requirements of any traffic education program imposed and | 20 |
| the date
by which the civil penalty should be paid and the | 21 |
| traffic education program should be completed;
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| (8) a statement that recorded images are evidence of a
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| violation of a red light signal;
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| (9) a warning that failure to pay the civil penalty, to | 25 |
| complete a required traffic education program, or to
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| contest liability in a timely manner is an admission of
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| liability and may result in a suspension of the driving
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| privileges of the registered owner of the vehicle; and
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| (10) a statement that the person may elect to proceed | 4 |
| by:
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| (A) paying the fine, completing a required traffic | 6 |
| education program, or both; or
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| (B) challenging the charge in court, by mail, or by | 8 |
| administrative hearing.
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| (e) If a person
charged with a traffic violation, as a | 10 |
| result of an automated traffic law
enforcement system, does not | 11 |
| pay the fine or complete a required traffic education program, | 12 |
| or both, or successfully contest the civil
penalty resulting | 13 |
| from that violation, the Secretary of State shall suspend the
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| driving privileges of the
registered owner of the vehicle under | 15 |
| Section 6-306.5 of this Code for failing
to complete a required | 16 |
| traffic education program or to pay any fine or penalty
due and | 17 |
| owing, or both, as a result of 5 violations of the automated | 18 |
| traffic law
enforcement system.
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| (f) Based on inspection of recorded images produced by an
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| automated traffic law enforcement system, a notice alleging | 21 |
| that the violation occurred shall be evidence of the facts | 22 |
| contained
in the notice and admissible in any proceeding | 23 |
| alleging a
violation under this Section.
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| (g) Recorded images made by an automatic traffic law
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| enforcement system are confidential and shall be made
available | 26 |
| only to the alleged violator and governmental and
law |
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| enforcement agencies for purposes of adjudicating a
violation | 2 |
| of this Section, for statistical purposes, or for other | 3 |
| governmental purposes. Any recorded image evidencing a
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| violation of this Section, however, may be admissible in
any | 5 |
| proceeding resulting from the issuance of the citation.
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| (h) The court or hearing officer may consider in defense of | 7 |
| a violation:
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| (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 of or in the possession of the | 11 |
| owner at
the time of the violation;
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| (2) that the driver of the vehicle passed through the
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| intersection when the light was red either (i) in order to
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| yield the right-of-way to an emergency vehicle or (ii) as
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| part of a funeral procession; and
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| (3) any other evidence or issues provided by municipal | 17 |
| or county ordinance.
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| (i) To demonstrate that the motor vehicle or the | 19 |
| registration
plates were stolen before the violation occurred | 20 |
| and were not under the
control or possession of the owner at | 21 |
| the time of the violation, the
owner must submit proof that a | 22 |
| report concerning the stolen
motor vehicle or registration | 23 |
| plates was filed with a law enforcement agency in a timely | 24 |
| manner.
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| (j) Unless the driver of the motor vehicle received a | 26 |
| Uniform
Traffic Citation from a police officer at the time of |
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| the violation,
the motor vehicle owner is subject to a civil | 2 |
| penalty not exceeding
$100 or the completion of a traffic | 3 |
| education program, or both, plus an additional penalty of not | 4 |
| more than $100 for failure to pay the original penalty or to | 5 |
| complete a required traffic education program, or both, in a | 6 |
| timely manner, if the motor vehicle is recorded by an automated | 7 |
| traffic law
enforcement system. A violation for which a civil | 8 |
| penalty is imposed
under this Section is not a violation of a | 9 |
| traffic regulation governing
the movement of vehicles and may | 10 |
| not be recorded on the driving record
of the owner of the | 11 |
| vehicle.
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| (j-3) A registered owner who is a holder of a valid | 13 |
| commercial driver's license is not required to complete a | 14 |
| traffic education program. | 15 |
| (j-5) For purposes of the required traffic education | 16 |
| program only, a registered owner may submit an affidavit to the | 17 |
| court or hearing officer swearing that at the time of the | 18 |
| alleged violation, the vehicle was in the custody and control | 19 |
| of another person. The affidavit must identify the person in | 20 |
| custody and control of the vehicle, including the person's name | 21 |
| and current address. The person in custody and control of the | 22 |
| vehicle at the time of the violation is required to complete | 23 |
| the required traffic education program. If the person in | 24 |
| custody and control of the vehicle at the time of the violation | 25 |
| completes the required traffic education program, the | 26 |
| registered owner of the vehicle is not required to complete a |
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| traffic education program. | 2 |
| (k) An intersection equipped with an automated traffic law
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| enforcement system must be posted with a sign visible to | 4 |
| approaching traffic
indicating that the intersection is being | 5 |
| monitored by an automated
traffic law enforcement system.
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| (l) The compensation paid for an automated traffic law | 7 |
| enforcement system
must be based on the value of the equipment | 8 |
| or the services provided and may
not be based on the number of | 9 |
| traffic citations issued or the revenue generated
by the | 10 |
| system.
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| (m) This Section applies only to the counties of Cook, | 12 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 13 |
| to municipalities located within those counties.
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| (n) The fee for participating in a traffic education | 15 |
| program under this Section shall not exceed $25. | 16 |
| A low-income individual required to complete a traffic | 17 |
| education program under this Section who provides proof of | 18 |
| eligibility for the federal earned income tax credit under | 19 |
| Section 32 of the Internal Revenue Code or the Illinois earned | 20 |
| income tax credit under Section 212 of the Illinois Income Tax | 21 |
| Act shall not be required to pay any fee for participating in a | 22 |
| required traffic education program. | 23 |
| (Source: P.A. 96-288, eff. 8-11-09.)
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