Full Text of HB2860 97th General Assembly
HB2860sam001 97TH GENERAL ASSEMBLY | Sen. Gary Forby Filed: 5/12/2011
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| 1 | | AMENDMENT TO HOUSE BILL 2860
| 2 | | AMENDMENT NO. ______. Amend House Bill 2860 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 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.
| 15 | | An
automated traffic law enforcement system is a system, in | 16 | | a municipality or
county operated by a
governmental agency, |
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| 1 | | that
produces a recorded image of a motor vehicle's
violation | 2 | | of a provision of this Code or a local ordinance
and is | 3 | | designed to obtain a clear recorded image of the
vehicle and | 4 | | the vehicle's license plate. The recorded image must also
| 5 | | display the time, date, and location of the violation.
| 6 | | (b) As used in this Section, "recorded images" means images
| 7 | | recorded 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 | 16 | | image of a motor vehicle's
violation of a provision of this | 17 | | Code or a local ordinance must make the recorded images of a | 18 | | violation accessible to the alleged violator by providing the | 19 | | alleged violator with a website address, accessible through the | 20 | | Internet. | 21 | | (c) A county or municipality, including a home rule county | 22 | | or municipality, may not use an automated traffic law | 23 | | enforcement system to provide recorded images of a motor | 24 | | vehicle for the purpose of recording its speed. The regulation | 25 | | of the use of automated traffic law enforcement systems to | 26 | | record vehicle speeds is an exclusive power and function of the |
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| 1 | | State. This subsection (c) is a denial and limitation of home | 2 | | rule powers and functions under subsection (h) of Section 6 of | 3 | | Article VII of the Illinois Constitution.
| 4 | | (c-5) A county or municipality, including a home rule | 5 | | county or municipality, may not use an automated traffic law | 6 | | enforcement system to issue violations in instances where the | 7 | | motor vehicle comes to a complete stop and does not enter the | 8 | | intersection, as defined by Section 1-132 of this Code, during | 9 | | the cycle of the red signal indication unless one or more | 10 | | pedestrians or bicyclists are present, even if the motor | 11 | | vehicle stops at a point past a stop line or crosswalk where a | 12 | | driver is required to stop, as specified in subsection (c) of | 13 | | Section 11-306 of this Code or a similar provision of a local | 14 | | ordinance. | 15 | | (c-6) A county, or a municipality with less than 2,000,000 | 16 | | inhabitants, including a home rule county or municipality, may | 17 | | not use an automated traffic law enforcement system to issue | 18 | | violations in instances where a motorcyclist enters an | 19 | | intersection against a red signal
indication when the red | 20 | | signal fails to change to a green signal within a reasonable | 21 | | period of time because of a signal malfunction or because the | 22 | | signal has failed to detect the arrival of the motorcycle due | 23 | | to the motorcycle's size or weight. | 24 | | (d) For each violation of a provision of this Code or a | 25 | | local ordinance
recorded by an automatic
traffic law | 26 | | enforcement system, the county or municipality having
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| 1 | | jurisdiction shall issue a written notice of the
violation to | 2 | | the registered owner of the vehicle as the alleged
violator. | 3 | | The notice shall be delivered to the registered
owner of the | 4 | | vehicle, by mail, within 30 days after the Secretary of State | 5 | | notifies the municipality or county of the identity of the | 6 | | owner of the vehicle, but in no event later than 90 days after | 7 | | the 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
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| 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 | 12 | | result of an automated traffic law
enforcement system, does not | 13 | | pay the fine or complete a required traffic education program, | 14 | | or both, or successfully contest the civil
penalty resulting | 15 | | from that violation, the Secretary of State shall suspend the
| 16 | | driving privileges of the
registered owner of the vehicle under | 17 | | Section 6-306.5 of this Code for failing
to complete a required | 18 | | traffic education program or to pay any fine or penalty
due and | 19 | | owing, or both, as a result of 5 violations of the automated | 20 | | traffic law
enforcement system.
| 21 | | (f) Based on inspection of recorded images produced by an
| 22 | | automated traffic law enforcement system, a notice alleging | 23 | | that the violation occurred shall be evidence of the facts | 24 | | contained
in the notice and admissible in any proceeding | 25 | | alleging a
violation under this Section.
| 26 | | (g) Recorded images made by an automatic traffic law
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| 1 | | enforcement system are confidential and shall be made
available | 2 | | only to the alleged violator and governmental and
law | 3 | | enforcement agencies for purposes of adjudicating a
violation | 4 | | of this Section, for statistical purposes, or for other | 5 | | governmental purposes. Any recorded image evidencing a
| 6 | | violation of this Section, however, may be admissible in
any | 7 | | proceeding resulting from the issuance of the citation.
| 8 | | (h) The court or hearing officer may consider in defense of | 9 | | a 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 | 21 | | registration
plates were stolen before the violation occurred | 22 | | and were not under the
control or possession of the owner at | 23 | | the time of the violation, the
owner must submit proof that a | 24 | | report concerning the stolen
motor vehicle or registration | 25 | | plates was filed with a law enforcement agency in a timely | 26 | | manner.
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| 1 | | (j) Unless the driver of the motor vehicle received a | 2 | | Uniform
Traffic Citation from a police officer at the time of | 3 | | the violation,
the motor vehicle owner is subject to a civil | 4 | | penalty not exceeding
$100 or the completion of a traffic | 5 | | education program, or both, plus an additional penalty of not | 6 | | more than $100 for failure to pay the original penalty or to | 7 | | complete a required traffic education program, or both, in a | 8 | | timely manner, if the motor vehicle is recorded by an automated | 9 | | traffic law
enforcement system. A violation for which a civil | 10 | | penalty is imposed
under this Section is not a violation of a | 11 | | traffic regulation governing
the movement of vehicles and may | 12 | | not be recorded on the driving record
of the owner of the | 13 | | vehicle.
| 14 | | (j-3) A registered owner who is a holder of a valid | 15 | | commercial driver's license is not required to complete a | 16 | | traffic education program. | 17 | | (j-5) For purposes of the required traffic education | 18 | | program only, a registered owner may submit an affidavit to the | 19 | | court or hearing officer swearing that at the time of the | 20 | | alleged violation, the vehicle was in the custody and control | 21 | | of another person. The affidavit must identify the person in | 22 | | custody and control of the vehicle, including the person's name | 23 | | and current address. The person in custody and control of the | 24 | | vehicle at the time of the violation is required to complete | 25 | | the required traffic education program. If the person in | 26 | | custody and control of the vehicle at the time of the violation |
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| 1 | | completes the required traffic education program, the | 2 | | registered owner of the vehicle is not required to complete a | 3 | | traffic education program. | 4 | | (k) An intersection equipped with an automated traffic law
| 5 | | enforcement system must be posted with a sign visible to | 6 | | approaching traffic
indicating that the intersection is being | 7 | | monitored by an automated
traffic law enforcement system. | 8 | | (k-3) A municipality or
county that has one or more | 9 | | intersections equipped with an automated traffic law
| 10 | | enforcement system must provide notice to drivers by posting | 11 | | the locations of automated traffic law systems on the | 12 | | municipality or county website.
| 13 | | (k-5) An intersection equipped with an automated traffic | 14 | | law
enforcement system must have a yellow change interval that | 15 | | conforms with the Illinois Manual on Uniform Traffic Control | 16 | | Devices (IMUTCD) published by the Illinois Department of | 17 | | Transportation. | 18 | | (k-7) A municipality or county operating an automated | 19 | | traffic law enforcement system shall conduct a statistical | 20 | | analysis to assess the safety impact of each automated traffic | 21 | | law enforcement system at an intersection following | 22 | | installation of the system. The statistical analysis shall be | 23 | | based upon the best available crash, traffic, and other data, | 24 | | and shall cover a period of time before and after installation | 25 | | of the system sufficient to provide a statistically valid | 26 | | comparison of safety impact. The statistical analysis shall be |
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| 1 | | consistent with professional judgment and acceptable industry | 2 | | practice. The statistical analysis also shall be consistent | 3 | | with the data required for valid comparisons of before and | 4 | | after conditions and shall be conducted within a reasonable | 5 | | period following the installation of the automated traffic law | 6 | | enforcement system. The statistical analysis required by this | 7 | | subsection (k-7) shall be made available to the public and | 8 | | shall be published on the website of the municipality or | 9 | | county. If the statistical analysis for the 36 month period | 10 | | following installation of the system indicates that there has | 11 | | been an increase in the rate of accidents at the approach to | 12 | | the intersection monitored by the system, the municipality or | 13 | | county shall undertake additional studies to determine the | 14 | | cause and severity of the accidents, and may take any action | 15 | | that it determines is necessary or appropriate to reduce the | 16 | | number or severity of the accidents at that intersection. | 17 | | (l) The compensation paid for an automated traffic law | 18 | | enforcement system
must be based on the value of the equipment | 19 | | or the services provided and may
not be based on the number of | 20 | | traffic citations issued or the revenue generated
by the | 21 | | system.
| 22 | | (m) This Section applies only to the counties of Cook, | 23 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 24 | | to municipalities located within those counties.
| 25 | | (n) The fee for participating in a traffic education | 26 | | program under this Section shall not exceed $25. |
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| 1 | | A low-income individual required to complete a traffic | 2 | | education program under this Section who provides proof of | 3 | | eligibility for the federal earned income tax credit under | 4 | | Section 32 of the Internal Revenue Code or the Illinois earned | 5 | | income tax credit under Section 212 of the Illinois Income Tax | 6 | | Act shall not be required to pay any fee for participating in a | 7 | | required traffic education program. | 8 | | (o) A municipality or county shall make a certified report | 9 | | to the Secretary of State pursuant to Section 6-306.5 of this | 10 | | Code whenever a registered owner of a vehicle has failed to pay | 11 | | any
fine or penalty due and owing as a result of 5 offenses for | 12 | | automated 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 | 16 | | traffic is controlled
by traffic-control signals exhibiting | 17 | | different colored lights or color
lighted arrows, successively | 18 | | one at a time or in combination, only the
colors green, red and | 19 | | yellow shall be used, except for special pedestrian
signals | 20 | | carrying a word legend, and the lights shall indicate and apply | 21 | | to
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 |
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| 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
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| 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 |
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| 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.
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| 1 | | (d) In the event an official traffic control signal is
| 2 | | erected and maintained
at a place other than an intersection, | 3 | | the provisions of this Section shall
be applicable except as to | 4 | | provisions which by their nature can have no
application. Any | 5 | | stop required shall be at a traffic sign or a marking
on the | 6 | | pavement indicating where the stop shall be made or, in the | 7 | | absence
of such sign or marking, the stop shall be made at the | 8 | | signal.
| 9 | | (e) The motorman of any streetcar shall obey the above | 10 | | signals as applicable
to vehicles.
| 11 | | (Source: P.A. 94-795, eff. 5-22-06.)".
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