Illinois General Assembly - Full Text of HB2860
Illinois General Assembly

Previous General Assemblies

Full Text of HB2860  97th General Assembly


Sen. Gary Forby

Filed: 5/12/2011





09700HB2860sam001LRB097 08365 AEK 55586 a


2    AMENDMENT NO. ______. Amend House Bill 2860 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-208.6 and 11-306 as follows:
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,



09700HB2860sam001- 2 -LRB097 08365 AEK 55586 a

1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means images
7recorded by an automated traffic law enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and, on
12    at least one image or portion of the recording, clearly
13    identifying the registration plate number of the motor
14    vehicle.
15    (b-5) A municipality or county that produces a recorded
16image of a motor vehicle's violation of a provision of this
17Code or a local ordinance must make the recorded images of a
18violation accessible to the alleged violator by providing the
19alleged violator with a website address, accessible through the
21    (c) A county or municipality, including a home rule county
22or municipality, may not use an automated traffic law
23enforcement system to provide recorded images of a motor
24vehicle for the purpose of recording its speed. The regulation
25of the use of automated traffic law enforcement systems to
26record vehicle speeds is an exclusive power and function of the



09700HB2860sam001- 3 -LRB097 08365 AEK 55586 a

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



09700HB2860sam001- 4 -LRB097 08365 AEK 55586 a

1jurisdiction shall issue a written notice of the violation to
2the registered owner of the vehicle as the alleged violator.
3The notice shall be delivered to the registered owner of the
4vehicle, by mail, within 30 days after the Secretary of State
5notifies the municipality or county of the identity of the
6owner of the vehicle, but in no event later than 90 days after
7the violation.
8    The notice shall include:
9        (1) the name and address of the registered owner of the
10    vehicle;
11        (2) the registration number of the motor vehicle
12    involved in the violation;
13        (3) the violation charged;
14        (4) the location where the violation occurred;
15        (5) the date and time of the violation;
16        (6) a copy of the recorded images;
17        (7) the amount of the civil penalty imposed and the
18    requirements of any traffic education program imposed and
19    the date by which the civil penalty should be paid and the
20    traffic education program should be completed;
21        (8) a statement that recorded images are evidence of a
22    violation of a red light signal;
23        (9) a warning that failure to pay the civil penalty, to
24    complete a required traffic education program, or to
25    contest liability in a timely manner is an admission of
26    liability and may result in a suspension of the driving



09700HB2860sam001- 5 -LRB097 08365 AEK 55586 a

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



09700HB2860sam001- 6 -LRB097 08365 AEK 55586 a

1enforcement system are confidential and shall be made available
2only to the alleged violator and governmental and law
3enforcement agencies for purposes of adjudicating a violation
4of this Section, for statistical purposes, or for other
5governmental purposes. Any recorded image evidencing a
6violation of this Section, however, may be admissible in any
7proceeding resulting from the issuance of the citation.
8    (h) The court or hearing officer may consider in defense of
9a violation:
10        (1) that the motor vehicle or registration plates of
11    the motor vehicle were stolen before the violation occurred
12    and not under the control of or in the possession of the
13    owner at the time of the violation;
14        (2) that the driver of the vehicle passed through the
15    intersection when the light was red either (i) in order to
16    yield the right-of-way to an emergency vehicle or (ii) as
17    part of a funeral procession; and
18        (3) any other evidence or issues provided by municipal
19    or county ordinance.
20    (i) To demonstrate that the motor vehicle or the
21registration plates were stolen before the violation occurred
22and were not under the control or possession of the owner at
23the time of the violation, the owner must submit proof that a
24report concerning the stolen motor vehicle or registration
25plates was filed with a law enforcement agency in a timely



09700HB2860sam001- 7 -LRB097 08365 AEK 55586 a

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



09700HB2860sam001- 8 -LRB097 08365 AEK 55586 a

1completes the required traffic education program, the
2registered owner of the vehicle is not required to complete a
3traffic education program.
4    (k) An intersection equipped with an automated traffic law
5enforcement system must be posted with a sign visible to
6approaching traffic indicating that the intersection is being
7monitored by an automated traffic law enforcement system.
8    (k-3) A municipality or county that has one or more
9intersections equipped with an automated traffic law
10enforcement system must provide notice to drivers by posting
11the locations of automated traffic law systems on the
12municipality or county website.
13    (k-5) An intersection equipped with an automated traffic
14law enforcement system must have a yellow change interval that
15conforms with the Illinois Manual on Uniform Traffic Control
16Devices (IMUTCD) published by the Illinois Department of
18    (k-7) A municipality or county operating an automated
19traffic law enforcement system shall conduct a statistical
20analysis to assess the safety impact of each automated traffic
21law enforcement system at an intersection following
22installation of the system. The statistical analysis shall be
23based upon the best available crash, traffic, and other data,
24and shall cover a period of time before and after installation
25of the system sufficient to provide a statistically valid
26comparison of safety impact. The statistical analysis shall be



09700HB2860sam001- 9 -LRB097 08365 AEK 55586 a

1consistent with professional judgment and acceptable industry
2practice. The statistical analysis also shall be consistent
3with the data required for valid comparisons of before and
4after conditions and shall be conducted within a reasonable
5period following the installation of the automated traffic law
6enforcement system. The statistical analysis required by this
7subsection (k-7) shall be made available to the public and
8shall be published on the website of the municipality or
9county. If the statistical analysis for the 36 month period
10following installation of the system indicates that there has
11been an increase in the rate of accidents at the approach to
12the intersection monitored by the system, the municipality or
13county shall undertake additional studies to determine the
14cause and severity of the accidents, and may take any action
15that it determines is necessary or appropriate to reduce the
16number or severity of the accidents at that intersection.
17    (l) The compensation paid for an automated traffic law
18enforcement system must be based on the value of the equipment
19or the services provided and may not be based on the number of
20traffic citations issued or the revenue generated by the
22    (m) This Section applies only to the counties of Cook,
23DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
24to municipalities located within those counties.
25    (n) The fee for participating in a traffic education
26program under this Section shall not exceed $25.



09700HB2860sam001- 10 -LRB097 08365 AEK 55586 a

1    A low-income individual required to complete a traffic
2education program under this Section who provides proof of
3eligibility for the federal earned income tax credit under
4Section 32 of the Internal Revenue Code or the Illinois earned
5income tax credit under Section 212 of the Illinois Income Tax
6Act shall not be required to pay any fee for participating in a
7required traffic education program.
8    (o) A municipality or county shall make a certified report
9to the Secretary of State pursuant to Section 6-306.5 of this
10Code whenever a registered owner of a vehicle has failed to pay
11any fine or penalty due and owing as a result of 5 offenses for
12automated traffic law violations.
13(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)
14    (625 ILCS 5/11-306)   (from Ch. 95 1/2, par. 11-306)
15    Sec. 11-306. Traffic-control signal legend. Whenever
16traffic is controlled by traffic-control signals exhibiting
17different colored lights or color lighted arrows, successively
18one at a time or in combination, only the colors green, red and
19yellow shall be used, except for special pedestrian signals
20carrying a word legend, and the lights shall indicate and apply
21to drivers of vehicles and pedestrians as follows:
22    (a) Green indication.
23        1. Vehicular traffic facing a circular green signal may
24    proceed straight through or turn right or left unless a
25    sign at such place prohibits either such turn. Vehicular



09700HB2860sam001- 11 -LRB097 08365 AEK 55586 a

1    traffic, including vehicles turning right or left, shall
2    yield the right of way to other vehicles and to pedestrians
3    lawfully within the intersection or an adjacent crosswalk
4    at the time such signal is exhibited.
5        2. Vehicular traffic facing a green arrow signal, shown
6    alone or in combination with another indication, may
7    cautiously enter the intersection only to make the movement
8    indicated by such arrow, or such other movement as is
9    permitted by other indications shown at the same time. Such
10    vehicular traffic shall yield the right of way to
11    pedestrians lawfully within an adjacent crosswalk and to
12    other traffic lawfully using the intersection.
13        3. Unless otherwise directed by a pedestrian-control
14    signal, as provided in Section 11-307, pedestrians facing
15    any green signal, except when the sole green signal is a
16    turn arrow, may proceed across the roadway within any
17    marked or unmarked crosswalk.
18    (b) Steady yellow indication.
19        1. Vehicular traffic facing a steady circular yellow or
20    yellow arrow signal is thereby warned that the related
21    green movement is being terminated or that a red indication
22    will be exhibited immediately thereafter.
23        2. Pedestrians facing a steady circular yellow or
24    yellow arrow signal, unless otherwise directed by a
25    pedestrian-control signal as provided in Section 11-307,
26    are thereby advised that there is insufficient time to



09700HB2860sam001- 12 -LRB097 08365 AEK 55586 a

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



09700HB2860sam001- 13 -LRB097 08365 AEK 55586 a

1    the intersection to turn right, or to turn left from a
2    one-way street into a one-way street, after stopping as
3    required by paragraph 1 or paragraph 2 of this subsection.
4    After stopping, the driver shall yield the right of way to
5    any vehicle in the intersection or approaching on another
6    roadway so closely as to constitute an immediate hazard
7    during the time such driver is moving across or within the
8    intersection or junction or roadways. Such driver shall
9    yield the right of way to pedestrians within the
10    intersection or an adjacent crosswalk.
11        3.5. In municipalities with less than 2,000,000
12    inhabitants, after stopping as required by paragraph 1 or 2
13    of this subsection, the driver of a motorcycle or bicycle,
14    facing a steady red signal which fails to change to a green
15    signal within a reasonable period of time because of a
16    signal malfunction or because the signal has failed to
17    detect the arrival of the motorcycle or bicycle due to the
18    vehicle's size or weight, shall have the right to proceed,
19    after yielding the right of way to oncoming traffic facing
20    a green signal, subject to the rules applicable after
21    making a stop at a stop sign as required by Section 11-1204
22    of this Code.
23        4. Unless otherwise directed by a pedestrian-control
24    signal as provided in Section 11-307, pedestrians facing a
25    steady circular red or red arrow signal alone shall not
26    enter the roadway.



09700HB2860sam001- 14 -LRB097 08365 AEK 55586 a

1    (d) In the event an official traffic control signal is
2erected and maintained at a place other than an intersection,
3the provisions of this Section shall be applicable except as to
4provisions which by their nature can have no application. Any
5stop required shall be at a traffic sign or a marking on the
6pavement indicating where the stop shall be made or, in the
7absence of such sign or marking, the stop shall be made at the
9    (e) The motorman of any streetcar shall obey the above
10signals as applicable to vehicles.
11(Source: P.A. 94-795, eff. 5-22-06.)".