Illinois General Assembly - Full Text of HB4632
Illinois General Assembly

Previous General Assemblies

Full Text of HB4632  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Jay Hoffman


625 ILCS 5/11-208.8

    Amends the Illinois Vehicle Code. Removes the restriction on municipalities with a population under 1,000,000 using automated speed enforcement systems in safety zones. Provides that in municipalities with a population of 1,000,000 or more, automated speed enforcement systems may not be used on Lake Shore Drive or any controlled access highway with 8 or more lanes of traffic.

LRB098 18511 MLW 53648 b





HB4632LRB098 18511 MLW 53648 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 11-208.8 as follows:
6    (625 ILCS 5/11-208.8)
7    Sec. 11-208.8. Automated speed enforcement systems in
8safety zones.
9    (a) As used in this Section:
10    "Automated speed enforcement system" means a photographic
11device, radar device, laser device, or other electrical or
12mechanical device or devices installed or utilized in a safety
13zone and designed to record the speed of a vehicle and obtain a
14clear photograph or other recorded image of the vehicle and the
15vehicle's registration plate while the driver is violating
16Article VI of Chapter 11 of this Code or a similar provision of
17a local ordinance.
18    An automated speed enforcement system is a system, located
19in a safety zone which is under the jurisdiction of a
20municipality, that produces a recorded image of a motor
21vehicle's violation of a provision of this Code or a local
22ordinance and is designed to obtain a clear recorded image of
23the vehicle and the vehicle's license plate. The recorded image



HB4632- 2 -LRB098 18511 MLW 53648 b

1must also display the time, date, and location of the
3    "Owner" means the person or entity to whom the vehicle is
5    "Recorded image" means images recorded by an automated
6speed enforcement system on:
7        (1) 2 or more photographs;
8        (2) 2 or more microphotographs;
9        (3) 2 or more electronic images; or
10        (4) a video recording showing the motor vehicle and, on
11    at least one image or portion of the recording, clearly
12    identifying the registration plate number of the motor
13    vehicle.
14    "Safety zone" means an area that is within one-eighth of a
15mile from the nearest property line of any public or private
16elementary or secondary school, or from the nearest property
17line of any facility, area, or land owned by a school district
18that is used for educational purposes approved by the Illinois
19State Board of Education, not including school district
20headquarters or administrative buildings. A safety zone also
21includes an area that is within one-eighth of a mile from the
22nearest property line of any facility, area, or land owned by a
23park district used for recreational purposes. However, if any
24portion of a roadway is within either one-eighth mile radius,
25the safety zone also shall include the roadway extended to the
26furthest portion of the next furthest intersection. In



HB4632- 3 -LRB098 18511 MLW 53648 b

1municipalities with a population of 1,000,000 or more
2inhabitants the The term "safety zone" does not include any
3portion of the roadway known as Lake Shore Drive or any
4controlled access highway with 8 or more lanes of traffic.
5    (a-5) The automated speed enforcement system shall be
6operational and violations shall be recorded only at the
7following times:
8        (i) if the safety zone is based upon the property line
9    of any facility, area, or land owned by a school district,
10    only on school days and no earlier than 6 a.m. and no later
11    than 8:30 p.m. if the school day is during the period of
12    Monday through Thursday, or 9 p.m. if the school day is a
13    Friday; and
14        (ii) if the safety zone is based upon the property line
15    of any facility, area, or land owned by a park district, no
16    earlier than one hour prior to the time that the facility,
17    area, or land is open to the public or other patrons, and
18    no later than one hour after the facility, area, or land is
19    closed to the public or other patrons.
20    (b) A municipality that produces a recorded image of a
21motor vehicle's violation of a provision of this Code or a
22local ordinance must make the recorded images of a violation
23accessible to the alleged violator by providing the alleged
24violator with a website address, accessible through the
26    (c) Notwithstanding any penalties for any other violations



HB4632- 4 -LRB098 18511 MLW 53648 b

1of this Code, the owner of a motor vehicle used in a traffic
2violation recorded by an automated speed enforcement system
3shall be subject to the following penalties:
4        (1) if the recorded speed is no less than 6 miles per
5    hour and no more than 10 miles per hour over the legal
6    speed limit, a civil penalty not exceeding $50, plus an
7    additional penalty of not more than $50 for failure to pay
8    the original penalty in a timely manner; or
9        (2) if the recorded speed is more than 10 miles per
10    hour over the legal speed limit, a civil penalty not
11    exceeding $100, plus an additional penalty of not more than
12    $100 for failure to pay the original penalty in a timely
13    manner.
14    A penalty may not be imposed under this Section if the
15driver of the motor vehicle received a Uniform Traffic Citation
16from a police officer for a speeding violation occurring within
17one-eighth of a mile and 15 minutes of the violation that was
18recorded by the system. A violation for which a civil penalty
19is imposed under this Section is not a violation of a traffic
20regulation governing the movement of vehicles and may not be
21recorded on the driving record of the owner of the vehicle. A
22law enforcement officer is not required to be present or to
23witness the violation. No penalty may be imposed under this
24Section if the recorded speed of a vehicle is 5 miles per hour
25or less over the legal speed limit. The municipality may send,
26in the same manner that notices are sent under this Section, a



HB4632- 5 -LRB098 18511 MLW 53648 b

1speed violation warning notice where the violation involves a
2speed of 5 miles per hour or less above the legal speed limit.
3    (d) The net proceeds that a municipality receives from
4civil penalties imposed under an automated speed enforcement
5system, after deducting all non-personnel and personnel costs
6associated with the operation and maintenance of such system,
7shall be expended or obligated by the municipality for the
8following purposes:
9        (i) public safety initiatives to ensure safe passage
10    around schools, and to provide police protection and
11    surveillance around schools and parks, including but not
12    limited to: (1) personnel costs; and (2) non-personnel
13    costs such as construction and maintenance of public safety
14    infrastructure and equipment;
15        (ii) initiatives to improve pedestrian and traffic
16    safety;
17        (iii) construction and maintenance of infrastructure
18    within the municipality, including but not limited to roads
19    and bridges; and
20        (iv) after school programs.
21    (e) For each violation of a provision of this Code or a
22local ordinance recorded by an automated speed enforcement
23system, the municipality having jurisdiction shall issue a
24written notice of the violation to the registered owner of the
25vehicle as the alleged violator. The notice shall be delivered
26to the registered owner of the vehicle, by mail, within 30 days



HB4632- 6 -LRB098 18511 MLW 53648 b

1after the Secretary of State notifies the municipality of the
2identity of the owner of the vehicle, but in no event later
3than 90 days after the violation.
4    (f) The notice required under subsection (e) of this
5Section shall include:
6        (1) the name and address of the registered owner of the
7    vehicle;
8        (2) the registration number of the motor vehicle
9    involved in the violation;
10        (3) the violation charged;
11        (4) the date, time, and location where the violation
12    occurred;
13        (5) a copy of the recorded image or images;
14        (6) the amount of the civil penalty imposed and the
15    date by which the civil penalty should be paid;
16        (7) a statement that recorded images are evidence of a
17    violation of a speed restriction;
18        (8) a warning that failure to pay the civil penalty or
19    to 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        (9) a statement that the person may elect to proceed
23    by:
24            (A) paying the fine; or
25            (B) challenging the charge in court, by mail, or by
26        administrative hearing; and



HB4632- 7 -LRB098 18511 MLW 53648 b

1        (10) a website address, accessible through the
2    Internet, where the person may view the recorded images of
3    the violation.
4    (g) If a person charged with a traffic violation, as a
5result of an automated speed enforcement system, does not pay
6the fine or successfully contest the civil penalty resulting
7from that violation, the Secretary of State shall suspend the
8driving privileges of the registered owner of the vehicle under
9Section 6-306.5 of this Code for failing to pay any fine or
10penalty due and owing, or both, as a result of a combination of
115 violations of the automated speed enforcement system or the
12automated traffic law under Section 11-208.6 of this Code.
13    (h) Based on inspection of recorded images produced by an
14automated speed enforcement system, a notice alleging that the
15violation occurred shall be evidence of the facts contained in
16the notice and admissible in any proceeding alleging a
17violation under this Section.
18    (i) Recorded images made by an automated speed enforcement
19system are confidential and shall be made available only to the
20alleged violator and governmental and law enforcement agencies
21for purposes of adjudicating a violation of this Section, for
22statistical purposes, or for other governmental purposes. Any
23recorded image evidencing a violation of this Section, however,
24may be admissible in any proceeding resulting from the issuance
25of the citation.
26    (j) The court or hearing officer may consider in defense of



HB4632- 8 -LRB098 18511 MLW 53648 b

1a violation:
2        (1) that the motor vehicle or registration plates of
3    the motor vehicle were stolen before the violation occurred
4    and not under the control or in the possession of the owner
5    at the time of the violation;
6        (2) that the driver of the motor vehicle received a
7    Uniform Traffic Citation from a police officer for a
8    speeding violation occurring within one-eighth of a mile
9    and 15 minutes of the violation that was recorded by the
10    system; and
11        (3) any other evidence or issues provided by municipal
12    ordinance.
13    (k) To demonstrate that the motor vehicle or the
14registration plates were stolen before the violation occurred
15and were not under the control or possession of the owner at
16the time of the violation, the owner must submit proof that a
17report concerning the stolen motor vehicle or registration
18plates was filed with a law enforcement agency in a timely
20    (l) A roadway equipped with an automated speed enforcement
21system shall be posted with a sign conforming to the national
22Manual on Uniform Traffic Control Devices that is visible to
23approaching traffic stating that vehicle speeds are being
24photo-enforced and indicating the speed limit. The
25municipality shall install such additional signage as it
26determines is necessary to give reasonable notice to drivers as



HB4632- 9 -LRB098 18511 MLW 53648 b

1to where automated speed enforcement systems are installed.
2    (m) A roadway where a new automated speed enforcement
3system is installed shall be posted with signs providing 30
4days notice of the use of a new automated speed enforcement
5system prior to the issuance of any citations through the
6automated speed enforcement system.
7    (n) The compensation paid for an automated speed
8enforcement system must be based on the value of the equipment
9or the services provided and may not be based on the number of
10traffic citations issued or the revenue generated by the
12    (o) A municipality shall make a certified report to the
13Secretary of State pursuant to Section 6-306.5 of this Code
14whenever a registered owner of a vehicle has failed to pay any
15fine or penalty due and owing as a result of a combination of 5
16offenses for automated speed or traffic law enforcement system
18    (p) No person who is the lessor of a motor vehicle pursuant
19to a written lease agreement shall be liable for an automated
20speed or traffic law enforcement system violation involving
21such motor vehicle during the period of the lease; provided
22that upon the request of the appropriate authority received
23within 120 days after the violation occurred, the lessor
24provides within 60 days after such receipt the name and address
25of the lessee. The drivers license number of a lessee may be
26subsequently individually requested by the appropriate



HB4632- 10 -LRB098 18511 MLW 53648 b

1authority if needed for enforcement of this Section.
2    Upon the provision of information by the lessor pursuant to
3this subsection, the municipality may issue the violation to
4the lessee of the vehicle in the same manner as it would issue
5a violation to a registered owner of a vehicle pursuant to this
6Section, and the lessee may be held liable for the violation.
7    (q) A municipality using an automated speed enforcement
8system must provide notice to drivers by publishing the
9locations of all safety zones where system equipment is
10installed on the website of the municipality.
11    (r) A municipality operating an automated speed
12enforcement system shall conduct a statistical analysis to
13assess the safety impact of the system. The statistical
14analysis shall be based upon the best available crash, traffic,
15and other data, and shall cover a period of time before and
16after installation of the system sufficient to provide a
17statistically valid comparison of safety impact. The
18statistical analysis shall be consistent with professional
19judgment and acceptable industry practice. The statistical
20analysis also shall be consistent with the data required for
21valid comparisons of before and after conditions and shall be
22conducted within a reasonable period following the
23installation of the automated traffic law enforcement system.
24The statistical analysis required by this subsection shall be
25made available to the public and shall be published on the
26website of the municipality.



HB4632- 11 -LRB098 18511 MLW 53648 b

1    (s) (Blank). This Section applies only to municipalities
2with a population of 1,000,000 or more inhabitants.
3(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
4eff. 8-16-13.)