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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/Ch. 11 Art. II
(625 ILCS 5/Ch. 11 Art. II heading)
ARTICLE II.
OBEDIENCE TO AND EFFECT
OF TRAFFIC LAWS
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625 ILCS 5/11-201
(625 ILCS 5/11-201) (from Ch. 95 1/2, par. 11-201)
Sec. 11-201.
Provisions of act refer to vehicles upon the highways-Exceptions.
The provisions of this Chapter relating to the operation of vehicles
refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given
section.
2. The provisions of Articles IV and V of this Chapter shall apply upon
highways and elsewhere throughout the State.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-202
(625 ILCS 5/11-202) (from Ch. 95 1/2, par. 11-202)
Sec. 11-202.
Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this Chapter with
respect to particular offenses, it is a petty offense for any
person to do any act forbidden or fail to perform any act required in
this Chapter.
(Source: P.A. 80-911 .)
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625 ILCS 5/11-203
(625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
Sec. 11-203. Obedience to police officers. No person shall wilfully fail or refuse to comply with any lawful order
or direction of any police officer, fireman, person authorized by a local authority to direct traffic, or school
crossing guard invested by law with authority to
direct, control, or regulate traffic.
Any person convicted of violating this Section
is guilty
of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 98-396, eff. 1-1-14.)
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625 ILCS 5/11-204
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204.
Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a
visual or audible signal by a peace officer directing such driver or
operator to bring his vehicle to a stop, wilfully fails or refuses to obey
such direction, increases his speed, extinguishes his lights, or otherwise
flees or attempts to elude the officer, is guilty of a Class A
misdemeanor.
The signal given by the peace officer may be by hand, voice, siren, red or
blue light. Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall display
illuminated oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the
vehicle to be an official police vehicle.
Such requirement shall not preclude the use of amber or white
oscillating, rotating or flashing lights in conjunction with red or blue
oscillating, rotating or flashing lights as required in Section 12-215 of
Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State
shall suspend the drivers license of the person so convicted for a
period of not more than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section
is a Class 4 felony.
(Source: P.A. 93-120, eff. 1-1-04.)
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625 ILCS 5/11-204.1
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting
to elude a peace
officer. (a) The offense of aggravated fleeing or attempting to elude a peace officer
is committed by any driver or operator of a motor vehicle who flees or attempts
to elude a peace officer, after being given a visual or audible
signal
by a peace officer in the manner prescribed in subsection (a) of
Section
11-204 of this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour | | over the legal speed limit;
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(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official
| | traffic control devices; or
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(5) involves the concealing or altering of the
| | vehicle's registration plate or digital registration plate.
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| (b) Any person convicted of a first violation of this Section shall be
guilty of a Class 4 felony. Upon notice of such a conviction the Secretary
of State shall forthwith revoke the driver's license of the person so
convicted, as provided in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be guilty of a Class
3
felony,
and upon notice of such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person convicted, as provided in Section
6-205 of the Code.
(c) The motor vehicle used in a violation of this Section is subject to
seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal
Code of 2012.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-205
(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
Sec. 11-205.
Public officers and employees to obey Act-Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles
upon the highways shall apply to the drivers of all vehicles owned or
operated by the United States, this State or any county, city, town,
district or any other political subdivision of the State, except as
provided in this Section and subject to such specific exceptions as set
forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of | |
2. Proceed past a red or stop signal or stop sign,
| | but only after slowing down as may be required and necessary for safe operation;
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3. Exceed the maximum speed limits so long as he does
| | not endanger life or property;
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4. Disregard regulations governing direction of
| | movement or turning in specified directions.
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(d) The
exceptions herein granted to an authorized emergency vehicle,
other than a police vehicle, shall apply only when the vehicle is making
use of either an audible signal when in motion or visual signals meeting
the requirements of Section 12-215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized
emergency vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the
consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in
Section 11-204 and Articles IV and V of this Chapter, shall not
apply to persons, motor vehicles and equipment while
actually engaged in work upon a highway but shall
apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97 .)
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625 ILCS 5/11-206
(625 ILCS 5/11-206) (from Ch. 95 1/2, par. 11-206)
Sec. 11-206.
Traffic laws apply to persons riding
animals or driving animal-drawn vehicles.
Every person riding an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter, except those
provisions of this chapter which by their very nature can
have no application.
(Source: P.A. 79-858.)
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625 ILCS 5/11-207
(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207.
Provisions of this Chapter uniform throughout
State. The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and municipalities
therein, and no local authority shall enact or enforce any ordinance rule
or regulation in conflict with the provisions of this Chapter unless
expressly authorized herein. Local authorities may, however, adopt
additional traffic regulations which are not in conflict with the
provisions of this Chapter, but such regulations shall not be effective
until signs giving reasonable notice thereof are posted.
(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/11-208
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles, | | except as limited by Sections 11-1306 and 11-1307 of this Act;
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2. Regulating traffic by means of police officers or
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3. Regulating or prohibiting processions or
| | assemblages on the highways; and certifying persons to control traffic for processions or assemblages;
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4. Designating particular highways as one-way
| | highways and requiring that all vehicles thereon be moved in one specific direction;
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5. Regulating the speed of vehicles in public parks
| | subject to the limitations set forth in Section 11-604;
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6. Designating any highway as a through highway, as
| | authorized in Section 11-302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections;
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7. Restricting the use of highways as authorized in
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8. Regulating the operation of mobile carrying
| | devices, bicycles, low-speed electric bicycles, and low-speed gas bicycles, and requiring the registration and licensing of same, including the requirement of a registration fee;
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9. Regulating or prohibiting the turning of vehicles
| | or specified types of vehicles at intersections;
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10. Altering the speed limits as authorized in
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11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
| | designated and marked crosswalks or at intersections;
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13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
| | 11-1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1, or veterans with disabilities by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with disabilities or a veteran with a disability;
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15. Adopting such other traffic regulations as are
| | specifically authorized by this Code; or
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16. Enforcing the provisions of subsection (f) of
| | Section 3-413 of this Code or a similar local ordinance.
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(b) No ordinance or regulation enacted under paragraph 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12-602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive. Twelve months after the installation of the noise monitoring system, and any time after the first report as the City deems necessary, the City of Chicago shall prepare a noise monitoring report with the data collected from the system and shall, upon request, make the report available to the public. For purposes of this subsection (e-5), "noise monitoring system" means an automated noise monitor capable of recording noise levels 24 hours per day and 365 days per year with computer equipment sufficient to process the data.
(e-10) A unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of Automated Driving System equipped vehicles on its roadways. Nothing in this subsection (e-10) shall affect the authority of a unit of local government to regulate Automated Driving System equipped vehicles for traffic control purposes. No unit of local government, including a home rule unit, may regulate Automated Driving System equipped vehicles in a manner inconsistent with this Code. For purposes of this subsection (e-10), "Automated Driving System equipped vehicle" means any vehicle equipped with an Automated Driving System of hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational domain. This subsection (e-10) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact an ordinance providing for an
automated speed enforcement system to enforce violations of Article VI of Chapter 11 of this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. 7-26-19.)
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625 ILCS 5/11-208.1
(625 ILCS 5/11-208.1) (from Ch. 95 1/2, par. 11-208.1)
Sec. 11-208.1.
Uniformity.
The provisions of this Chapter of this Act, as amended, and the rules
and regulations promulgated thereunder by any State Officer, Office,
Agency, Department or Commission, shall be applicable and uniformly applied
and enforced throughout this State, in all other political subdivisions and
in all units of local government.
(Source: P.A. 77-706.)
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625 ILCS 5/11-208.2
(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2.
Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of home
rule units to adopt local police regulations inconsistent herewith except
pursuant to Sections 11-208, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)
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625 ILCS 5/11-208.3
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations of traffic
regulations concerning the standing, parking, or condition of
vehicles, automated traffic law violations, and automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and
vehicle compliance violations as described in this subsection, automated traffic law violations as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed enforcement system violations as defined in Section 11-208.8.
The administrative system shall have as its purpose the fair and
efficient enforcement of municipal or county regulations through the
administrative adjudication of automated speed enforcement system or automated traffic law violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal or county wheel tax licenses within the
municipality's
or county's borders. The administrative system shall only have authority to adjudicate
civil offenses carrying fines not in excess of $500 or requiring the completion of a traffic education program, or both, that occur after the
effective date of the ordinance adopting such a system under this Section.
For purposes of this Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use of equipment on a vehicle
or governing the display of a municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative adjudication
under this Section shall provide for:
(1) A traffic compliance administrator authorized to | | adopt, distribute, and process parking, compliance, and automated speed enforcement system or automated traffic law violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances and automated speed enforcement system or automated traffic law violations, and operate an administrative adjudication system.
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(2) A parking, standing, compliance, automated speed
| | enforcement system, or automated traffic law violation notice that shall specify or include the date, time, and place of violation of a parking, standing, compliance, automated speed enforcement system, or automated traffic law regulation; the particular regulation violated; any requirement to complete a traffic education program; the fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both, when so provided by ordinance; the vehicle make or a photograph of the vehicle; the state registration number of the vehicle; and the identification number of the person issuing the notice. With regard to automated speed enforcement system or automated traffic law violations, vehicle make shall be specified on the automated speed enforcement system or automated traffic law violation notice if the notice does not include a photograph of the vehicle and the make is available and readily discernible. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make specified is incorrect. The violation notice shall state that the completion of any required traffic education program, the payment of any indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and manner in which a hearing may be had.
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(3) Service of a parking, standing, or compliance
| | violation notice by: (i) affixing the original or a facsimile of the notice to an unlawfully parked or standing vehicle; (ii) handing the notice to the operator of a vehicle if he or she is present; or (iii) mailing the notice to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of a parking, standing, or compliance violation notice may occur no later than 210 days after the violation; and service of an automated speed enforcement system or automated traffic law violation notice by mail to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the violation. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. In the case of an automated traffic law violation, the ordinance shall require a determination by a technician employed or contracted by the municipality or county that, based on inspection of recorded images, the motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle, a citation shall not be issued. In municipalities with a population of less than 1,000,000 inhabitants and counties with a population of less than 3,000,000 inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation. In municipalities with a population of 1,000,000 or more inhabitants and counties with a population of 3,000,000 or more inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. In the case of an automated speed enforcement system violation, the ordinance shall require a determination by a technician employed by the municipality, based upon an inspection of recorded images, video or other documentation, including documentation of the speed limit and automated speed enforcement signage, and documentation of the inspection, calibration, and certification of the speed equipment, that the vehicle was being operated in violation of Article VI of Chapter 11 of this Code or a similar local ordinance. If the technician determines that the vehicle speed was not determined by a calibrated, certified speed equipment device based upon the speed equipment documentation, or if the vehicle was an emergency vehicle, a citation may not be issued. The automated speed enforcement ordinance shall require that all determinations by a technician that a violation occurred be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. Routine and independent calibration of the speeds produced by automated speed enforcement systems and equipment shall be conducted annually by a qualified technician. Speeds produced by an automated speed enforcement system shall be compared with speeds produced by lidar or other independent equipment. Radar or lidar equipment shall undergo an internal validation test no less frequently than once each week. Qualified technicians shall test loop-based equipment no less frequently than once a year. Radar equipment shall be checked for accuracy by a qualified technician when the unit is serviced, when unusual or suspect readings persist, or when deemed necessary by a reviewing technician. Radar equipment shall be checked with the internal frequency generator and the internal circuit test whenever the radar is turned on. Technicians must be alert for any unusual or suspect readings, and if unusual or suspect readings of a radar unit persist, that unit shall immediately be removed from service and not returned to service until it has been checked by a qualified technician and determined to be functioning properly. Documentation of the annual calibration results, including the equipment tested, test date, technician performing the test, and test results, shall be maintained and available for use in the determination of an automated speed enforcement system violation and issuance of a citation. The technician performing the calibration and testing of the automated speed enforcement equipment shall be trained and certified in the use of equipment for speed enforcement purposes. Training on the speed enforcement equipment may be conducted by law enforcement, civilian, or manufacturer's personnel and if applicable may be equivalent to the equipment use and operations training included in the Speed Measuring Device Operator Program developed by the National Highway Traffic Safety Administration (NHTSA). The vendor or technician who performs the work shall keep accurate records on each piece of equipment the technician calibrates and tests. As used in this paragraph, "fully trained reviewing technician" means a person who has received at least 40 hours of supervised training in subjects which shall include image inspection and interpretation, the elements necessary to prove a violation, license plate identification, and traffic safety and management. In all municipalities and counties, the automated speed enforcement system or automated traffic law ordinance shall require that no additional fee shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and persons shall be given at least 25 days following an administrative hearing to pay any civil penalty imposed by a finding that Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar local ordinance has been violated. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice issued, signed, and served in accordance with this Section, a copy of the notice, or the computer-generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer-generated record shall be admissible in any subsequent administrative or legal proceedings.
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(4) An opportunity for a hearing for the registered
| | owner of the vehicle cited in the parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under Section 11-1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this Section may be represented by counsel at their expense. The ordinance may also provide for internal administrative review following the decision of the hearing officer.
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(5) Service of additional notices, sent by first
| | class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11-1306 or subsection (p) of Section 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include, but not be limited to, the information specified herein:
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(i) A second notice of parking, standing, or
| | compliance violation if the first notice of the violation was issued by affixing the original or a facsimile of the notice to the unlawfully parked vehicle or by handing the notice to the operator. This notice shall specify or include the date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make or a photograph of the vehicle, the state registration number of the vehicle, any requirement to complete a traffic education program, the fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had. The notice of violation shall also state that failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality or county.
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(ii) A notice of final determination of parking,
| | standing, compliance, automated speed enforcement system, or automated traffic law violation liability. This notice shall be sent following a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the municipality or county. The notice shall contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the municipality or county, or both, within the time specified may result in the municipality's or county's filing of a petition in the Circuit Court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this Section, or, where applicable, may result in suspension of the person's driver's license for failure to complete a traffic education program.
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(6) A notice of impending driver's license
| | suspension. This notice shall be sent to the person liable for failure to complete a required traffic education program. The notice shall state that failure to complete a required traffic education program within 45 days of the notice's date will result in the municipality or county notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the municipality or county along with a request for the photostatic copy. The notice of impending driver's license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
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(7) Final determinations of violation liability. A
| | final determination of violation liability shall occur following failure to complete the required traffic education program or to pay the fine or penalty, or both, after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made.
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(8) A petition to set aside a determination of
| | parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability that may be filed by a person owing an unpaid fine or penalty. A petition to set aside a determination of liability may also be filed by a person required to complete a traffic education program. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already completed the required traffic education program or paid the fine or penalty, or both, for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make, only if specified in the violation notice, is incorrect. After the determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation.
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(9) Procedures for non-residents. Procedures by which
| | persons who are not residents of the municipality or county may contest the merits of the alleged violation without attending a hearing.
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(10) A schedule of civil fines for violations of
| | vehicular standing, parking, compliance, automated speed enforcement system, or automated traffic law regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines or failure to complete required traffic education programs, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250, except as provided in subsection (c) of Section 11-1301.3 of this Code.
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(11) Other provisions as are necessary and proper to
| | carry into effect the powers granted and purposes stated in this Section.
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(b-5) An automated speed enforcement system or automated traffic law ordinance adopted under this Section by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any vendor retained by the municipality or county. Any contract or agreement violating such a provision in the ordinance is null and void.
(c) Any municipality or county establishing vehicular standing, parking,
compliance, automated speed enforcement system, or automated traffic law
regulations under this Section may also provide by ordinance for a
program of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible vehicle upon the
public way by presence of a restraint in a manner to prevent operation of
the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
| | for immobilization. A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, as determined by ordinance.
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(2) A notice of impending vehicle immobilization and
| | a right to a hearing to challenge the validity of the notice by disproving liability for the incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, listed on the notice.
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(3) The right to a prompt hearing after a vehicle has
| | been immobilized or subsequently towed without the completion of the required traffic education program or payment of the outstanding fines and penalties on parking, standing, compliance, automated speed enforcement system, or automated traffic law violations, or both, for which final determinations have been issued. An order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure.
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(4) A post immobilization and post-towing notice
| | advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment.
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(d) Judicial review of final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law
violations and final administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
under this Section shall be subject to the provisions of
the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education program, or part of any fine or any penalty remaining
unpaid after the exhaustion of, or the failure to exhaust, administrative
remedies created under this Section and the conclusion of any judicial
review procedures shall be a debt due and owing the municipality or county and, as
such, may be collected in accordance with applicable law. Completion of any required traffic education program and payment in full
of any fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated traffic law violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may
be sought for a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, the municipality
or county may commence a proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violations against a
person in a proceeding.
Upon commencement of the action, the municipality or county shall file a certified
copy or record of the final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, which shall be
accompanied by a certification that recites facts sufficient to show that
the final determination of violation was
issued in accordance with this Section and the applicable municipal
or county ordinance. Service of the summons and a copy of the petition may be by
any method provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, compliance, automated speed enforcement system, or automated traffic law violation was entered in accordance with
the requirements of
this Section and the applicable municipal or county ordinance, and that the registered
owner or the lessee, as the case may be, had an opportunity for an
administrative hearing and for judicial review as provided in this Section,
the court shall render judgment in favor of the municipality or county and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation, plus costs.
The judgment shall have
the same effect and may be enforced in the same manner as other judgments
for the recovery of money.
(g) The fee for participating in a traffic education program under this Section shall not exceed $25.
A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.
(h) Notwithstanding any other provision of law to the contrary, a person shall not be liable for violations, fees, fines, or penalties under this Section during the period in which the motor vehicle was stolen or hijacked, as indicated in a report to the appropriate law enforcement agency filed in a timely manner.
(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-208.4
(625 ILCS 5/11-208.4)
Sec. 11-208.4.
(Repealed).
(Source: Repealed by internal repealer, eff. 12-31-94.)
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625 ILCS 5/11-208.5 (625 ILCS 5/11-208.5)
Sec. 11-208.5. Prosecution of felony DUI by local authorities prohibited. (a) The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor under Section 11-501 of the Illinois Vehicle Code. (b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under Section 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(c) A municipal attorney who is aware that, based on a driver's history, the driver is subject to prosecution for a felony under Section 11-501 of the Illinois Vehicle Code, must notify the State's Attorney of that county of the driver's conduct and may not prosecute the driver on behalf of the municipality.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
625 ILCS 5/11-208.6 (625 ILCS 5/11-208.6) Sec. 11-208.6. Automated traffic law enforcement system. (a) As used in this Section, "automated traffic law enforcement system" means a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red signal indication in violation of Section 11-306 of this Code or a similar provision of a local ordinance. An automated traffic law enforcement system is a system, in a municipality or county operated by a governmental agency, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation. (b) As used in this Section, "recorded images" means images recorded by an automated traffic law enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
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| (b-5) A municipality or county that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.
(c) Except as provided under Section 11-208.8 of this Code, a county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. Except as provided under Section 11-208.8 of this Code, the regulation of the use of automated traffic law enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(c-5) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where the motor vehicle comes to a complete stop and does not enter the intersection, as defined by Section 1-132 of this Code, during the cycle of the red signal indication unless one or more pedestrians or bicyclists are present, even if the motor vehicle stops at a point past a stop line or crosswalk where a driver is required to stop, as specified in subsection (c) of Section 11-306 of this Code or a similar provision of a local ordinance.
(c-6) A county, or a municipality with less than 2,000,000 inhabitants, including a home rule county or municipality, may not use an automated traffic law enforcement system to issue violations in instances where a motorcyclist enters an intersection against a red signal indication when the red signal fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle due to the motorcycle's size or weight.
(d) For each violation of a provision of this Code or a local ordinance recorded by an automatic traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
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| (3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
| | requirements of any traffic education program imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;
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| (8) a statement that recorded images are evidence of
| | a violation of a red light signal;
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| (9) a warning that failure to pay the civil penalty,
| | to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability;
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| (10) a statement that the person may elect to proceed
| | (A) paying the fine, completing a required
| | traffic education program, or both; or
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| (B) challenging the charge in court, by mail, or
| | by administrative hearing; and
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| (11) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
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| (e) (Blank).
(f) Based on inspection of recorded images produced by an automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.
(g) Recorded images made by an automatic traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a violation of this Section, however, may be admissible in any proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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| (1.5) that the motor vehicle was hijacked before the
| | violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
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| (2) that the driver of the vehicle passed through the
| | intersection when the light was red either (i) in order to yield the right-of-way to an emergency vehicle or (ii) as part of a funeral procession; and
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| (3) any other evidence or issues provided by
| | municipal or county ordinance.
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| (i) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration plates or digital registration plates were stolen before the violation occurred and were not under the control or possession of the owner or lessee at the time of the violation, the owner or lessee must submit proof that a report concerning the motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(j) Unless the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation, the motor vehicle owner is subject to a civil penalty not exceeding $100 or the completion of a traffic education program, or both, plus an additional penalty of not more than $100 for failure to pay the original penalty or to complete a required traffic education program, or both, in a timely manner, if the motor vehicle is recorded by an automated traffic law enforcement system. A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles and may not be recorded on the driving record of the owner of the vehicle.
(j-3) A registered owner who is a holder of a valid commercial driver's license is not required to complete a traffic education program.
(j-5) For purposes of the required traffic education program only, a registered owner may submit an affidavit to the court or hearing officer swearing that at the time of the alleged violation, the vehicle was in the custody and control of another person. The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address. The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program. If the person in custody and control of the vehicle at the time of the violation completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.
(k) An intersection equipped with an automated traffic law enforcement system must be posted with a sign visible to approaching traffic indicating that the intersection is being monitored by an automated traffic law enforcement system and informing drivers whether, following a stop, a right turn at the intersection is permitted or prohibited.
(k-3) A municipality or county that has one or more intersections equipped with an automated traffic law enforcement system must provide notice to drivers by posting the locations of automated traffic law systems on the municipality or county website.
(k-5) An intersection equipped with an automated traffic law enforcement system must have a yellow change interval that conforms with the Illinois Manual on Uniform Traffic Control Devices (IMUTCD) published by the Illinois Department of Transportation. Beginning 6 months before it installs an automated traffic law enforcement system at an intersection, a county or municipality may not change the yellow change interval at that intersection.
(k-7) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection following installation of the system and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection (k-7) shall be made available to the public and shall be published on the website of the municipality or county. If a statistical analysis indicates that there has been an increase in the rate of crashes at the approach to the intersection monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes at that intersection.
(k-8) Any municipality or county operating an automated traffic law enforcement system before July 28, 2023 (the effective date of Public Act 103-364) shall conduct a statistical analysis to assess the safety impact of each automated traffic law enforcement system at an intersection by no later than one year after July 28, 2023 (the effective date of Public Act 103-364) and every 2 years thereafter. The statistical analyses shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. The statistical analyses shall be consistent with professional judgment and acceptable industry practice. The statistical analyses also shall be consistent with the data required for valid comparisons of before and after conditions. The statistical analyses required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If the statistical analysis for any period following installation of the system indicates that there has been an increase in the rate of accidents at the approach to the intersection monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the accidents, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the accidents at that intersection.
(l) The compensation paid for an automated traffic law enforcement system must be based on the value of the equipment or the services provided and may not be based on the number of traffic citations issued or the revenue generated by the system.
(l-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties.
(m) This Section applies only to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.
(n) The fee for participating in a traffic education program under this Section shall not exceed $25.
A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.
Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) If a county or municipality selects a new vendor for its automated traffic law enforcement system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated traffic law enforcement system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt.
(r) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of one year after the revocation.
(s) If an automated traffic law enforcement system is removed or rendered inoperable due to construction, then the Department shall authorize the reinstallation or use of the automated traffic law enforcement system within 30 days after the construction is complete.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; 103-605, eff. 7-1-24.)
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625 ILCS 5/11-208.7 (625 ILCS 5/11-208.7) Sec. 11-208.7. Administrative fees and procedures for impounding vehicles for specified violations. (a) Any county or municipality may, consistent with this Section, provide by ordinance procedures for the release of properly impounded vehicles and for the imposition of a reasonable administrative fee related to its administrative and processing costs associated with the investigation, arrest, and detention of an offender, or the removal, impoundment, storage, and release of the vehicle. The administrative fee imposed by the county or municipality may be in addition to any fees
charged for the towing and storage of an impounded vehicle. The administrative fee shall be waived by the county or municipality upon verifiable proof that the vehicle was stolen or hijacked at the time the vehicle was impounded. (b) An ordinance establishing procedures for the release of properly impounded vehicles under this Section may impose fees only for the following violations: (1) operation or use of a motor vehicle in the | | commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 2012; or
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| (2) driving under the influence of alcohol, another
| | drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of this Code; or
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| (3) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act; or
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| (4) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act; or
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| (5) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012; or
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| (6) driving while a driver's license, permit, or
| | privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of this Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing; or
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| (7) operation or use of a motor vehicle while
| | soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act; or
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| (8) operation or use of a motor vehicle with an
| | expired driver's license, in violation of Section 6-101 of this Code, if the period of expiration is greater than one year; or
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| (9) operation or use of a motor vehicle without ever
| | having been issued a driver's license or permit, in violation of Section 6-101 of this Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age; or
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| (10) operation or use of a motor vehicle by a person
| | against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501 of this Code; or
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| (11) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012; or
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| (12) operation or use of a motor vehicle in the
| | commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 1961 or the Criminal Code of 2012, when so provided by local ordinance; or
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| (13) operation or use of a motor vehicle in violation
| | of Section 11-503 of this Code:
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| (A) while the vehicle is part of a funeral
| | (B) in a manner that interferes with a funeral
| | (c) The following shall apply to any fees imposed for administrative and processing costs pursuant to subsection (b):
(1) All administrative fees and towing and storage
| | charges shall be imposed on the registered owner of the motor vehicle or the agents of that owner.
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| (1.5) No administrative fees shall be imposed on
| | the registered owner or the agents of that owner if the motor vehicle was stolen or hijacked at the time the vehicle was impounded. To demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner.
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| (2) The fees shall be in addition to (i) any other
| | penalties that may be assessed by a court of law for the underlying violations; and (ii) any towing or storage fees, or both, charged by the towing company.
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| (3) The fees shall be uniform for all similarly
| | (4) The fees shall be collected by and paid to the
| | county or municipality imposing the fees.
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| (5) The towing or storage fees, or both, shall be
| | collected by and paid to the person, firm, or entity that tows and stores the impounded vehicle.
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| (d) Any ordinance establishing procedures for the release of properly impounded vehicles under this Section shall provide for an opportunity for a hearing, as provided in subdivision (b)(4) of Section 11-208.3 of this Code, and for the release of the vehicle to the owner of record, lessee, or a lienholder of record upon payment of all administrative fees and towing and storage fees.
(e) Any ordinance establishing procedures for the impoundment
and release of vehicles under this Section shall include the following provisions concerning notice of impoundment:
(1) Whenever a police officer has cause to believe
| | that a motor vehicle is subject to impoundment, the officer shall provide for the towing of the vehicle to a facility authorized by the county or municipality.
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| (2) At the time the vehicle is towed, the county or
| | municipality shall notify or make a reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the vehicle at the time of the alleged offense, of the fact of the seizure, and of the vehicle owner's or lessee's right to an administrative hearing.
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| (3) The county or municipality shall also provide
| | notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or a lienholder posts with the county or municipality a bond equal to the administrative fee as provided by ordinance and pays for all towing and storage charges.
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| (f) Any ordinance establishing procedures for the impoundment and
release of vehicles under this Section shall include a provision providing that the
registered owner or lessee of the vehicle and any lienholder of record shall be provided with a
notice of hearing. The notice shall:
(1) be served upon the owner, lessee, and any
| | lienholder of record either by personal service or by first class mail to the interested party's address as registered with the Secretary of State;
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| (2) be served upon interested parties within 10 days
| | after a vehicle is impounded by the municipality; and
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| (3) contain the date, time, and location of the
| | administrative hearing. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.
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| (g) In addition to the requirements contained in
subdivision (b)(4) of Section 11-208.3 of this Code relating to administrative hearings, any ordinance providing for the impoundment
and release of vehicles under this Section shall include the following requirements concerning administrative hearings:
(1) administrative hearings shall be conducted by a
| | hearing officer who is an attorney licensed to practice law in this State for a minimum of 3 years;
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| (1.5) the hearing officer shall consider as a
| | defense to the vehicle impoundment that the motor vehicle was stolen or hijacked at the time the vehicle was impounded; to demonstrate that the motor vehicle was hijacked or stolen at the time the vehicle was impounded, the owner or the agents of the owner or a lessee must submit proof that a report concerning the motor vehicle was filed with a law enforcement agency in a timely manner;
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| (2) at the conclusion of the administrative hearing,
| | the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment;
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| (3) if the basis for the vehicle impoundment is
| | sustained by the administrative hearing officer, any administrative fee posted to secure the release of the vehicle shall be forfeited to the county or municipality;
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| (4) all final decisions of the administrative hearing
| | officer shall be subject to review under the provisions of the Administrative Review Law, unless the county or municipality allows in the enabling ordinance for direct appeal to the circuit court having jurisdiction over the county or municipality;
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| (5) unless the administrative hearing officer
| | overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid;
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| (6) if the administrative hearing officer finds that
| | a county or municipality that impounds a vehicle exceeded its authority under this Code, the county or municipality shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney's fees; and
|
| (7) notwithstanding any other provision of law to
| | the contrary, if the administrative hearing officer finds that a county or municipality impounded a motor vehicle that was stolen or hijacked at the time the vehicle was impounded, the county or municipality shall refund any administrative fees already paid by the registered owner or lessee of the vehicle.
|
| (h) Vehicles not retrieved from the towing facility or storage facility
within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and disposed of in accordance with the provisions of Article II of Chapter
4 of this Code.
(i) Unless stayed by a court of competent jurisdiction, any fine, penalty, or administrative fee imposed under this
Section which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial
review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of
competent jurisdiction.
(j) The fee limits in subsection (b), the exceptions in paragraph (6) of subsection (b), and all of paragraph (6) of subsection (g) of this Section shall not apply to a home rule unit that tows a vehicle on a public way if a circumstance requires the towing of the vehicle or if the vehicle is towed due to a violation of a statute or local ordinance, and the home rule unit:
(1) owns and operates a towing facility within its
| | boundaries for the storage of towed vehicles; and
|
| (2) owns and operates tow trucks or enters into a
| | contract with a third party vendor to operate tow trucks.
|
| (Source: P.A. 102-905, eff. 1-1-23 .)
|
625 ILCS 5/11-208.8 (625 ILCS 5/11-208.8) Sec. 11-208.8. Automated speed enforcement systems in safety zones. (a) As used in this Section: "Automated speed enforcement
system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices installed or utilized in a safety zone and designed to record the speed of a vehicle and obtain a clear photograph or other recorded image of the vehicle and the vehicle's registration plate or digital registration plate while the driver is violating Article VI of Chapter 11 of this Code or a similar provision of a local ordinance. An automated speed enforcement system is a system, located in a safety zone which is under the jurisdiction of a municipality, that produces a recorded image of a motor vehicle's violation of a provision of this Code or a local ordinance and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation. "Owner" means the person or entity to whom the vehicle is registered. "Recorded image" means images
recorded by an automated speed enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
|
| "Safety zone" means an area that is within one-eighth of a mile from the nearest property line of any public or private elementary or secondary school, or from the nearest property line of any facility, area, or land owned by a school district that is used for educational purposes approved by the Illinois State Board of Education, not including school district headquarters or administrative buildings. A safety zone also includes an area that is within one-eighth of a mile from the nearest property line of any facility, area, or land owned by a park district used for recreational purposes. However, if any portion of a roadway is within either one-eighth mile radius, the safety zone also shall include the roadway extended to the furthest portion of the next furthest intersection. The term "safety zone" does not include any portion of the roadway known as Lake Shore Drive or any controlled access highway with 8 or more lanes of traffic.
(a-5) The automated speed enforcement system shall be operational and violations shall be recorded only at the following times:
(i) if the safety zone is based upon the property
| | line of any facility, area, or land owned by a school district, only on school days and no earlier than 6 a.m. and no later than 8:30 p.m. if the school day is during the period of Monday through Thursday, or 9 p.m. if the school day is a Friday; and
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| (ii) if the safety zone is based upon the property
| | line of any facility, area, or land owned by a park district, no earlier than one hour prior to the time that the facility, area, or land is open to the public or other patrons, and no later than one hour after the facility, area, or land is closed to the public or other patrons.
|
| (b) A municipality that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.
(c) Notwithstanding any penalties for any other violations of this Code, the owner of a motor vehicle used in a traffic violation recorded by an automated speed enforcement system shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
| | hour and no more than 10 miles per hour over the legal speed limit, a civil penalty not exceeding $50, plus an additional penalty of not more than $50 for failure to pay the original penalty in a timely manner; or
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| (2) if the recorded speed is more than 10 miles per
| | hour over the legal speed limit, a civil penalty not exceeding $100, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner.
|
| A penalty may not be imposed under this Section if the driver of the motor vehicle received a Uniform Traffic Citation from a police officer for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle. A law enforcement officer is not required to be present or to witness the violation. No penalty may be imposed under this Section if the recorded speed of a vehicle is 5 miles per hour or less over the legal speed limit. The municipality may send, in the same manner that notices are sent under this Section, a speed violation warning notice where the violation involves a speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from civil penalties imposed under an automated speed enforcement system, after deducting all non-personnel and personnel costs associated with the operation and maintenance of such system, shall be expended or obligated by the municipality for the following purposes:
(i) public safety initiatives to ensure safe
| | passage around schools, and to provide police protection and surveillance around schools and parks, including but not limited to: (1) personnel costs; and (2) non-personnel costs such as construction and maintenance of public safety infrastructure and equipment;
|
| (ii) initiatives to improve pedestrian and traffic
| | (iii) construction and maintenance of
| | infrastructure within the municipality, including but not limited to roads and bridges; and
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| (iv) after school programs.
(e) For each violation of a provision of this Code or a local ordinance
recorded by an automated speed enforcement system, the municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
(f) The notice required under subsection (e) of this Section shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
|
| (3) the violation charged;
(4) the date, time, and location where the violation
| | (5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
| | date by which the civil penalty should be paid;
|
| (7) a statement that recorded images are evidence of
| | a violation of a speed restriction;
|
| (8) a warning that failure to pay the civil penalty
| | or to contest liability in a timely manner is an admission of liability;
|
| (9) a statement that the person may elect to proceed
| | (A) paying the fine; or
(B) challenging the charge in court, by mail, or
| | by administrative hearing; and
|
| (10) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
|
| (g) (Blank).
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(i) Recorded images made by an automated speed
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(j) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control or in the possession of the owner or lessee at the time of the violation;
|
| (1.5) that the motor vehicle was hijacked before
| | the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (2) that the driver of the motor vehicle received a
| | Uniform Traffic Citation from a police officer for a speeding violation occurring within one-eighth of a mile and 15 minutes of the violation that was recorded by the system; and
|
| (3) any other evidence or issues provided by
| | (k) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration
plates or digital registration plates were stolen before the violation occurred and were not under the
control or possession of the owner or lessee at the time of the violation, the
owner or lessee must submit proof that a report concerning the
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(l) A roadway equipped with an automated speed enforcement system shall be posted with a sign conforming to the national Manual on Uniform Traffic Control Devices that is visible to approaching traffic stating that vehicle speeds are being photo-enforced and indicating the speed limit. The municipality shall install such additional signage as it determines is necessary to give reasonable notice to drivers as to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement system is installed shall be posted with signs providing 30 days notice of the use of a new automated speed enforcement system prior to the issuance of any citations through the automated speed enforcement system.
(n) The compensation paid for an automated speed enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(n-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated speed enforcement system equipment or services to municipalities or counties.
(o) (Blank).
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee. The drivers license number of a lessee may be subsequently individually requested by the appropriate authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to this subsection, the municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement system must provide notice to drivers by publishing the locations of all safety zones where system equipment is installed on the website of the municipality.
(r) A municipality operating an automated speed enforcement system shall conduct a statistical analysis to assess the safety impact of the system following installation of the system and every 2 years thereafter. A municipality operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality.
(s) This Section applies only to municipalities with a population of 1,000,000 or more inhabitants.
(t) If a county or municipality selects a new vendor for its automated speed enforcement
system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application for the permit, approval, or other authorization, the new vendor operates an automated speed enforcement
system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for the permit, approval, or other authorization within 90 days after its receipt.
(u) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated speed enforcement
system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated speed enforcement
system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-208.9
(625 ILCS 5/11-208.9)
Sec. 11-208.9. Automated traffic law enforcement system; approaching, overtaking, and passing a school bus. (a) As used in this Section, "automated traffic law enforcement
system" means a device with one or more motor vehicle sensors working
in conjunction with the visual signals on a school bus, as specified in Sections 12-803 and 12-805 of this Code, to produce recorded images of
motor vehicles that fail to stop before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils in violation of Section 11-1414 of this Code or a similar provision
of a local ordinance. An
automated traffic law enforcement system is a system, in a municipality or
county operated by a
governmental agency, that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance
and is designed to obtain a clear recorded image of the
vehicle and the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation. (b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on: (1) 2 or more photographs; (2) 2 or more microphotographs; (3) 2 or more electronic images; or (4) a video recording showing the motor vehicle and, | | on at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.
|
| (c) A municipality or
county that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address, accessible through the Internet.
(d) For each violation of a provision of this Code or a local ordinance
recorded by an automated
traffic law enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
(e) The notice required under subsection (d) shall include:
(1) the name and address of the registered owner of
| | (2) the registration number of the motor vehicle
| | involved in the violation;
|
| (3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
| | date by which the civil penalty should be paid;
|
| (8) a statement that recorded images are evidence of
| | a violation of overtaking or passing a school bus stopped for the purpose of receiving or discharging pupils;
|
| (9) a warning that failure to pay the civil penalty
| | or to contest liability in a timely manner is an admission of liability;
|
| (10) a statement that the person may elect to proceed
| | (A) paying the fine; or
(B) challenging the charge in court, by mail, or
| | by administrative hearing; and
|
| (11) a website address, accessible through the
| | Internet, where the person may view the recorded images of the violation.
|
| (f) (Blank).
(g) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(h) Recorded images made by an automated traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(i) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates or
| | digital registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (1.5) that the motor vehicle was hijacked before
| | the violation occurred and not under the control of or in the possession of the owner or lessee at the time of the violation;
|
| (2) that the driver of the motor vehicle received a
| | Uniform Traffic Citation from a police officer for a violation of Section 11-1414 of this Code within one-eighth of a mile and 15 minutes of the violation that was recorded by the system;
|
| (3) that the visual signals required by Sections
| | 12-803 and 12-805 of this Code were damaged, not activated, not present in violation of Sections 12-803 and 12-805, or inoperable; and
|
| (4) any other evidence or issues provided by
| | municipal or county ordinance.
|
| (j) To demonstrate that the motor vehicle was hijacked or the motor vehicle or registration
plates or digital registration plates were stolen before the violation occurred and were not under the
control or possession of the owner or lessee at the time of the violation, the
owner or lessee must submit proof that a report concerning the
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(k) Unless the driver of the motor vehicle received a Uniform
Traffic Citation from a police officer at the time of the violation,
the motor vehicle owner is subject to a civil penalty not exceeding
$150 for a first time violation or $500 for a second or subsequent violation, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law
enforcement system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle, but may be recorded by the municipality or county for the purpose of determining if a person is subject to the higher fine for a second or subsequent offense.
(l) A school bus equipped with an automated traffic law
enforcement system must be posted with a sign indicating that the school bus is being monitored by an automated
traffic law enforcement system.
(m) A municipality or
county that has one or more school buses equipped with an automated traffic law
enforcement system must provide notice to drivers by posting a list of school districts using school buses equipped with an automated traffic law enforcement system on the municipality or county website. School districts that have one or more school buses equipped with an automated traffic law enforcement system must provide notice to drivers by posting that information on their websites.
(n) A municipality or county operating an automated traffic law enforcement system shall conduct a statistical analysis to assess the safety impact in each school district using school buses equipped with an automated traffic law enforcement system following installation of the system and every 2 years thereafter. A municipality or county operating an automated speed enforcement system before the effective date of this amendatory Act of the 103rd General Assembly shall conduct a statistical analysis to assess the safety impact of the system by no later than one year after the effective date of this amendatory Act of the 103rd General Assembly and every 2 years thereafter. Each statistical analysis shall be based upon the best available crash, traffic, and other data, and shall cover a period of time before and after installation of the system sufficient to provide a statistically valid comparison of safety impact. Each statistical analysis shall be consistent with professional judgment and acceptable industry practice. Each statistical analysis also shall be consistent with the data required for valid comparisons of before and after conditions and shall be conducted within a reasonable period following the installation of the automated traffic law enforcement system. Each statistical analysis required by this subsection shall be made available to the public and shall be published on the website of the municipality or county. If a statistical analysis indicates that there has been an increase in the rate of crashes at the approach to school buses monitored by the system, the municipality or county shall undertake additional studies to determine the cause and severity of the crashes, and may take any action that it determines is necessary or appropriate to reduce the number or severity of the crashes involving school buses equipped with an automated traffic law enforcement system.
(o) The compensation paid for an automated traffic law enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(o-1) No member of the General Assembly and no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former member of the General Assembly shall, within a period of 2 years immediately after the termination of service as a member of the General Assembly, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties. No former officer or employee of a municipality or county shall, within a period of 2 years immediately after the termination of municipal or county employment, knowingly accept employment or receive compensation or fees for services from a vendor that provides automated traffic law enforcement system equipment or services to municipalities or counties.
(p) No person who is the lessor of a motor vehicle pursuant to a written lease agreement shall be liable for an automated speed or traffic law enforcement system violation involving such motor vehicle during the period of the lease; provided that upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.
Upon the provision of information by the lessor pursuant to this subsection, the county or municipality may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle pursuant to this Section, and the lessee may be held liable for the violation.
(q) (Blank).
(r) After a municipality or county enacts an ordinance providing for automated traffic law enforcement systems under this Section, each school district within that municipality or county's jurisdiction may implement an automated traffic law enforcement system under this Section. The elected school board for that district must approve the implementation of an automated traffic law enforcement system. The school district shall be responsible for entering into a contract, approved by the elected school board of that district, with vendors for the installation, maintenance, and operation of the automated traffic law enforcement system. The school district must enter into an intergovernmental agreement, approved by the elected school board of that district, with the municipality or county with jurisdiction over that school district for the administration of the automated traffic law enforcement system. The proceeds from a school district's automated traffic law enforcement system's fines shall be divided equally between the school district and the municipality or county administering the automated traffic law enforcement system.
(s) If a county or municipality changes the vendor it uses for its automated traffic law enforcement
system and must, as a consequence, apply for a permit, approval, or other authorization from the Department for reinstallation of one or more malfunctioning components of that system and if, at the time of the application, the new vendor operates an automated traffic law enforcement
system for any other county or municipality in the State, then the Department shall approve or deny the county or municipality's application for that permit, approval, or other authorization within 90 days after its receipt.
(t) The Department may revoke any permit, approval, or other authorization granted to a county or municipality for the placement, installation, or operation of an automated traffic law enforcement
system if any official or employee who serves that county or municipality is charged with bribery, official misconduct, or a similar crime related to the placement, installation, or operation of the automated traffic law enforcement system in the county or municipality.
The Department shall adopt any rules necessary to implement and administer this subsection. The rules adopted by the Department shall describe the revocation process, shall ensure that notice of the revocation is provided, and shall provide an opportunity to appeal the revocation. Any county or municipality that has a permit, approval, or other authorization revoked under this subsection may not reapply for such a permit, approval, or other authorization for a period of 1 year after the revocation.
(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-209
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties - Contract with
school boards, hospitals, churches, condominium complex unit owners'
associations, and commercial and industrial facility, shopping center,
and apartment complex owners for regulation of traffic. (a) The corporate authorities of any municipality or the county
board of any county, and a school board, hospital, church, condominium
complex unit owners' association, or owner of any
commercial and industrial facility,
shopping center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the limits of
the municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such contract shall
empower the municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals, | | person with disabilities parking area signs or yield signs at specified locations in a parking area and the adoption of appropriate regulations thereto pertaining, or the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to such intersection, subject to the provisions of this Chapter.
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|
2. The prohibition or regulation of the turning of
| | vehicles or specified types of vehicles at intersections or other designated locations in the parking area.
|
|
3. The regulation of a crossing of any roadway in the
| | parking area by pedestrians.
|
|
4. The designation of any separate roadway in the
| | parking area for one-way traffic.
|
|
5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or
| | limitation of the stopping, standing or parking of vehicles in specified areas of the parking area.
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|
7. The designation of safety zones in the parking
| |
8. Providing for the removal and storage of vehicles
| | parked or abandoned in the parking area during snowstorms, floods, fires, or other public emergencies, or found unattended in the parking area, (a) where they constitute an obstruction to traffic, or (b) where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle.
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|
9. Providing that the cost of planning, installation,
| | maintenance and enforcement of parking and traffic regulations pursuant to any contract entered into under the authority of this paragraph (a) of this Section be borne by the municipality or county, or by the school board, hospital, church, property owner, apartment complex owner, or condominium complex unit owners' association, or that a percentage of the cost be shared by the parties to the contract.
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|
10. Causing the installation of parking meters on the
| | parking area and establishing whether the expense of installing said parking meters and maintenance thereof shall be that of the municipality or county, or that of the school board, hospital, church, condominium complex unit owners' association, shopping center or apartment complex owner. All moneys obtained from such parking meters as may be installed on any parking area shall belong to the municipality or county.
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|
11. Causing the installation of parking signs in
| | accordance with Section 11-301 in areas of the parking lots covered by this Section and where desired by the person contracting with the appropriate authority listed in paragraph (a) of this Section, indicating that such parking spaces are reserved for persons with disabilities.
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|
12. Contracting for such additional reasonable rules
| | and regulations with respect to traffic and parking in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area.
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(b) No contract entered into pursuant to this Section shall exceed a
period of 20 years. No lessee of a shopping center or apartment complex
shall enter into such a contract for a longer period of time than the
length of his lease.
(c) Any contract entered into pursuant to this Section shall be
recorded in the office of the recorder in the county in which
the parking area is located, and no regulation made pursuant to the
contract shall be effective or enforceable until 3 days after the
contract is so recorded.
(d) At such time as parking and traffic regulations have been
established at any parking area pursuant to the contract as provided for
in this Section, then it shall be a petty offense for any person to do
any act forbidden or to fail to perform any act required by such parking
or traffic regulation. If the violation is the parking in a parking space
reserved for persons with disabilities under paragraph (11) of this Section, by
a person without special registration plates issued to a person with
disabilities, as defined by Section 1-159.1, pursuant to Section
3-616 of this Code, or to a veteran with a disability pursuant to Section 3-609 of
this Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking violator and issue
a fine in accordance with Section 11-1301.3.
(e) The term "shopping center", as used in this Section, means
premises having one or more stores or business establishments in
connection with which there is provided on privately-owned property near
or contiguous thereto an area, or areas, of land used by the public as
the means of access to and egress from the stores and business
establishments on such premises and for the parking of motor vehicles of
customers and patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means an area,
or areas, of land near or contiguous to a school, church, or hospital
building, shopping center, apartment complex, or condominium
complex,
but not the public highways or alleys, and used by
the public as the means of access to and egress from such buildings and
the stores and business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping center owner",
and "apartment complex owner",
as used in this Section, mean the actual
legal owner of the shopping center parking area or apartment
complex,
the trust officer of a banking institution having the right to manage
and control such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners' association", as used in
this Section, means a "unit owners' association" as defined in Section 2 of the
Condominium Property Act.
(h) The term "fire lane", as used in this Section, means travel
lanes for the fire fighting equipment upon which there shall be no
standing or parking of any motor vehicle at any time so that fire
fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section, means
premises having one or more apartments in connection with which there is
provided on privately-owned property near or contiguous thereto an area,
or areas, of land used by occupants of such apartments or their guests
as a means of access to and egress from such apartments or for the
parking of motor vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this Section, means
the units, common elements, and limited common elements that are located on the
parcels, as those terms are defined in Section 2 of the Condominium Property
Act.
(k) The term "commercial and industrial facility", as used in this
Section, means a premises containing one or more commercial and industrial
facility establishments in connection with which there is
provided on
privately-owned property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress from the
commercial and industrial facility establishment on the premises and for the
parking of motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local
authorities from enforcing, on private property, local ordinances imposing
fines, in accordance with Section 11-1301.3, as penalties for use of any
parking
place reserved for persons with disabilities, as defined by Section 1-159.1, or
veterans with disabilities by any person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal or device as defined
in Section 11-1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or a veteran with a disability.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the
Illinois Constitution.
(Source: P.A. 99-143, eff. 7-27-15.)
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625 ILCS 5/11-209.1
(625 ILCS 5/11-209.1) (from Ch. 95 1/2, par. 11-209.1)
Sec. 11-209.1.
Powers of local authorities - enforcing the provisions
of this Code on private streets and roads. (a) Any person or board of
directors owning, operating or representing a residential subdivision,
development, apartment house or apartment project; containing a minimum of
10 apartments or single family residences may file a written request, with
the appropriate local authority wherein such property is situated,
requesting their law enforcement agency enforce the provisions of this Code
on all private streets or roads open to or used by the tenants, owners,
employees or the public for the purposes of vehicular traffic by permission
of such person or board of directors and not as a matter of public right.
Notwithstanding Section 1-126 and Section 1-201 of this Code, if the local
authority grants such request by the adoption of an enabling ordinance then
all such private streets or roads shall be considered "highways" only for
the enforcement purposes of this Code.
(b) All regulations adopted and traffic control devices employed by a
local authority in the enforcement of this Code on such streets or roads
within any private area, pursuant to this Section, shall be consistent
with the provisions of this Code and shall
conform to the Illinois Manual on Uniform Traffic Control Devices.
A local authority may require that any person who files a request for
the installation of traffic signs pay for the cost of such traffic signs.
Such traffic signs shall be in conformity with Section 11-604 of this Code.
(c) Any person or board of directors which has filed such a request
under this Section, may rescind that request by filing with the
appropriate local authority a written request for such rescission. Upon
receipt of the written request, the local authority shall subsequently
repeal the original enabling ordinance. Such repeal shall not take effect
until the first day of January following any such action by the local
authorities. However, no such rescission request may be filed within 12
months of the date of the original written request.
(d) The filing of a written request or the adoption of the
enabling ordinance under this Section in no way constitutes
a dedication to public use of any street, road, driveway, trail,
terrace, bridle path, parkway, parking area, or other roadway open to
or used by vehicular traffic, nor does it prevent such person or
board of directors, as owners of such property, from requiring
additional regulations than those specified by the local authorities or
otherwise regulating such use as may seem best to such person or board of
directors as long as they do not conflict with the powers granted to local
authorities under Section 11-208 of this Code.
(e) This amendatory act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII, Section 10 of
the Illinois Constitution.
(Source: P.A. 86-521.)
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