HB2410 98TH GENERAL ASSEMBLY

LRB098 08920 MLW 39052 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2410

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

625 ILCS 7/25

Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Allows photographs taken by automated traffic control systems in construction or maintenance zones to be used as evidence that a person violated the prohibition on using a wireless telephone while operating a motor vehicle.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Section 25 as follows:

(625 ILCS 7/25)

Sec. 25. Limitations on the use of automated traffic enforcement systems.

(a) The Department of State Police must conduct a public information campaign to inform drivers about the use of automated traffic control systems in highway construction or maintenance zones before establishing any of those systems. The Department of State Police shall adopt rules for implementing this subsection (a).

(b) Signs indicating that speeds are enforced by automated traffic control systems must be clearly posted in the areas where the systems are in use.

(c) Operation of automated traffic control systems is limited to areas where road construction or maintenance is occurring.

(d) Photographs obtained in this manner may only be used as evidence in relation to a violation of Section 11-605.1 or Section 12-610.1 of the Illinois Vehicle Code for which the photograph is taken. The photographs are available only to the owner of the vehicle, the offender and the offender's attorney, the judiciary, the local State's Attorney, and law enforcement officials.

(e) If the driver of the vehicle cannot be identified through the photograph, the owner is not liable for the fine, and the citation may not be counted against the driving record of the owner. If the driver can be identified, the driver is liable for the fine, and the violation is counted against his or her driving record.

(Source: P.A. 93-947, eff. 8-19-04.)