[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 003 ] |
92_HB5240sam002
LRB9212791DHdvam01
1 AMENDMENT TO HOUSE BILL 5240
2 AMENDMENT NO. . Amend House Bill 5240 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 6-206, 11-1011, 11-1201, and 11-1201.1 as
6 follows:
7 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
8 Sec. 6-206. Discretionary authority to suspend or revoke
9 license or permit; Right to a hearing.
10 (a) The Secretary of State is authorized to suspend or
11 revoke the driving privileges of any person without
12 preliminary hearing upon a showing of the person's records or
13 other sufficient evidence that the person:
14 1. Has committed an offense for which mandatory
15 revocation of a driver's license or permit is required
16 upon conviction;
17 2. Has been convicted of not less than 3 offenses
18 against traffic regulations governing the movement of
19 vehicles committed within any 12 month period. No
20 revocation or suspension shall be entered more than 6
21 months after the date of last conviction;
22 3. Has been repeatedly involved as a driver in
-2- LRB9212791DHdvam01
1 motor vehicle collisions or has been repeatedly convicted
2 of offenses against laws and ordinances regulating the
3 movement of traffic, to a degree that indicates lack of
4 ability to exercise ordinary and reasonable care in the
5 safe operation of a motor vehicle or disrespect for the
6 traffic laws and the safety of other persons upon the
7 highway;
8 4. Has by the unlawful operation of a motor vehicle
9 caused or contributed to an accident resulting in death
10 or injury requiring immediate professional treatment in a
11 medical facility or doctor's office to any person, except
12 that any suspension or revocation imposed by the
13 Secretary of State under the provisions of this
14 subsection shall start no later than 6 months after being
15 convicted of violating a law or ordinance regulating the
16 movement of traffic, which violation is related to the
17 accident, or shall start not more than one year after the
18 date of the accident, whichever date occurs later;
19 5. Has permitted an unlawful or fraudulent use of a
20 driver's license, identification card, or permit;
21 6. Has been lawfully convicted of an offense or
22 offenses in another state, including the authorization
23 contained in Section 6-203.1, which if committed within
24 this State would be grounds for suspension or revocation;
25 7. Has refused or failed to submit to an
26 examination provided for by Section 6-207 or has failed
27 to pass the examination;
28 8. Is ineligible for a driver's license or permit
29 under the provisions of Section 6-103;
30 9. Has made a false statement or knowingly
31 concealed a material fact or has used false information
32 or identification in any application for a license,
33 identification card, or permit;
34 10. Has possessed, displayed, or attempted to
-3- LRB9212791DHdvam01
1 fraudulently use any license, identification card, or
2 permit not issued to the person;
3 11. Has operated a motor vehicle upon a highway of
4 this State when the person's driving privilege or
5 privilege to obtain a driver's license or permit was
6 revoked or suspended unless the operation was authorized
7 by a judicial driving permit, probationary license to
8 drive, or a restricted driving permit issued under this
9 Code;
10 12. Has submitted to any portion of the application
11 process for another person or has obtained the services
12 of another person to submit to any portion of the
13 application process for the purpose of obtaining a
14 license, identification card, or permit for some other
15 person;
16 13. Has operated a motor vehicle upon a highway of
17 this State when the person's driver's license or permit
18 was invalid under the provisions of Sections 6-107.1 and
19 6-110;
20 14. Has committed a violation of Section 6-301,
21 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
22 14B of the Illinois Identification Card Act;
23 15. Has been convicted of violating Section 21-2 of
24 the Criminal Code of 1961 relating to criminal trespass
25 to vehicles in which case, the suspension shall be for
26 one year;
27 16. Has been convicted of violating Section 11-204
28 of this Code relating to fleeing from a police officer;
29 17. Has refused to submit to a test, or tests, as
30 required under Section 11-501.1 of this Code and the
31 person has not sought a hearing as provided for in
32 Section 11-501.1;
33 18. Has, since issuance of a driver's license or
34 permit, been adjudged to be afflicted with or suffering
-4- LRB9212791DHdvam01
1 from any mental disability or disease;
2 19. Has committed a violation of paragraph (a) or
3 (b) of Section 6-101 relating to driving without a
4 driver's license;
5 20. Has been convicted of violating Section 6-104
6 relating to classification of driver's license;
7 21. Has been convicted of violating Section 11-402
8 of this Code relating to leaving the scene of an accident
9 resulting in damage to a vehicle in excess of $1,000, in
10 which case the suspension shall be for one year;
11 22. Has used a motor vehicle in violating paragraph
12 (3), (4), (7), or (9) of subsection (a) of Section 24-1
13 of the Criminal Code of 1961 relating to unlawful use of
14 weapons, in which case the suspension shall be for one
15 year;
16 23. Has, as a driver, been convicted of committing
17 a violation of paragraph (a) of Section 11-502 of this
18 Code for a second or subsequent time within one year of a
19 similar violation;
20 24. Has been convicted by a court-martial or
21 punished by non-judicial punishment by military
22 authorities of the United States at a military
23 installation in Illinois of or for a traffic related
24 offense that is the same as or similar to an offense
25 specified under Section 6-205 or 6-206 of this Code;
26 25. Has permitted any form of identification to be
27 used by another in the application process in order to
28 obtain or attempt to obtain a license, identification
29 card, or permit;
30 26. Has altered or attempted to alter a license or
31 has possessed an altered license, identification card, or
32 permit;
33 27. Has violated Section 6-16 of the Liquor Control
34 Act of 1934;
-5- LRB9212791DHdvam01
1 28. Has been convicted of the illegal possession,
2 while operating or in actual physical control, as a
3 driver, of a motor vehicle, of any controlled substance
4 prohibited under the Illinois Controlled Substances Act
5 or any cannabis prohibited under the provisions of the
6 Cannabis Control Act, in which case the person's driving
7 privileges shall be suspended for one year, and any
8 driver who is convicted of a second or subsequent
9 offense, within 5 years of a previous conviction, for the
10 illegal possession, while operating or in actual physical
11 control, as a driver, of a motor vehicle, of any
12 controlled substance prohibited under the provisions of
13 the Illinois Controlled Substances Act or any cannabis
14 prohibited under the Cannabis Control Act shall be
15 suspended for 5 years. Any defendant found guilty of this
16 offense while operating a motor vehicle, shall have an
17 entry made in the court record by the presiding judge
18 that this offense did occur while the defendant was
19 operating a motor vehicle and order the clerk of the
20 court to report the violation to the Secretary of State;
21 29. Has been convicted of the following offenses
22 that were committed while the person was operating or in
23 actual physical control, as a driver, of a motor vehicle:
24 criminal sexual assault, predatory criminal sexual
25 assault of a child, aggravated criminal sexual assault,
26 criminal sexual abuse, aggravated criminal sexual abuse,
27 juvenile pimping, soliciting for a juvenile prostitute
28 and the manufacture, sale or delivery of controlled
29 substances or instruments used for illegal drug use or
30 abuse in which case the driver's driving privileges shall
31 be suspended for one year;
32 30. Has been convicted a second or subsequent time
33 for any combination of the offenses named in paragraph 29
34 of this subsection, in which case the person's driving
-6- LRB9212791DHdvam01
1 privileges shall be suspended for 5 years;
2 31. Has refused to submit to a test as required by
3 Section 11-501.6 or has submitted to a test resulting in
4 an alcohol concentration of 0.08 or more or any amount of
5 a drug, substance, or compound resulting from the
6 unlawful use or consumption of cannabis as listed in the
7 Cannabis Control Act, a controlled substance as listed in
8 the Illinois Controlled Substances Act, or an
9 intoxicating compound as listed in the Use of
10 Intoxicating Compounds Act, in which case the penalty
11 shall be as prescribed in Section 6-208.1;
12 32. Has been convicted of Section 24-1.2 of the
13 Criminal Code of 1961 relating to the aggravated
14 discharge of a firearm if the offender was located in a
15 motor vehicle at the time the firearm was discharged, in
16 which case the suspension shall be for 3 years;
17 33. Has as a driver, who was less than 21 years of
18 age on the date of the offense, been convicted a first
19 time of a violation of paragraph (a) of Section 11-502 of
20 this Code or a similar provision of a local ordinance;
21 34. Has committed a violation of Section 11-1301.5
22 of this Code;
23 35. Has committed a violation of Section 11-1301.6
24 of this Code; or
25 36. Is under the age of 21 years at the time of
26 arrest and has been convicted of not less than 2
27 offenses against traffic regulations governing the
28 movement of vehicles committed within any 24 month
29 period. No revocation or suspension shall be entered
30 more than 6 months after the date of last conviction; or
31 37. Has committed a violation of subsection (c) of
32 Section 11-907 of this Code; or
33 38. Has committed a second or subsequent violation
34 of Section 11-1201 of this Code.
-7- LRB9212791DHdvam01
1 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
2 and 27 of this subsection, license means any driver's
3 license, any traffic ticket issued when the person's driver's
4 license is deposited in lieu of bail, a suspension notice
5 issued by the Secretary of State, a duplicate or corrected
6 driver's license, a probationary driver's license or a
7 temporary driver's license.
8 (b) If any conviction forming the basis of a suspension
9 or revocation authorized under this Section is appealed, the
10 Secretary of State may rescind or withhold the entry of the
11 order of suspension or revocation, as the case may be,
12 provided that a certified copy of a stay order of a court is
13 filed with the Secretary of State. If the conviction is
14 affirmed on appeal, the date of the conviction shall relate
15 back to the time the original judgment of conviction was
16 entered and the 6 month limitation prescribed shall not
17 apply.
18 (c) 1. Upon suspending or revoking the driver's license
19 or permit of any person as authorized in this Section,
20 the Secretary of State shall immediately notify the
21 person in writing of the revocation or suspension. The
22 notice to be deposited in the United States mail, postage
23 prepaid, to the last known address of the person.
24 2. If the Secretary of State suspends the driver's
25 license of a person under subsection 2 of paragraph (a)
26 of this Section, a person's privilege to operate a
27 vehicle as an occupation shall not be suspended, provided
28 an affidavit is properly completed, the appropriate fee
29 received, and a permit issued prior to the effective date
30 of the suspension, unless 5 offenses were committed, at
31 least 2 of which occurred while operating a commercial
32 vehicle in connection with the driver's regular
33 occupation. All other driving privileges shall be
34 suspended by the Secretary of State. Any driver prior to
-8- LRB9212791DHdvam01
1 operating a vehicle for occupational purposes only must
2 submit the affidavit on forms to be provided by the
3 Secretary of State setting forth the facts of the
4 person's occupation. The affidavit shall also state the
5 number of offenses committed while operating a vehicle in
6 connection with the driver's regular occupation. The
7 affidavit shall be accompanied by the driver's license.
8 Upon receipt of a properly completed affidavit, the
9 Secretary of State shall issue the driver a permit to
10 operate a vehicle in connection with the driver's regular
11 occupation only. Unless the permit is issued by the
12 Secretary of State prior to the date of suspension, the
13 privilege to drive any motor vehicle shall be suspended
14 as set forth in the notice that was mailed under this
15 Section. If an affidavit is received subsequent to the
16 effective date of this suspension, a permit may be issued
17 for the remainder of the suspension period.
18 The provisions of this subparagraph shall not apply
19 to any driver required to obtain a commercial driver's
20 license under Section 6-507 during the period of a
21 disqualification of commercial driving privileges under
22 Section 6-514.
23 Any person who falsely states any fact in the
24 affidavit required herein shall be guilty of perjury
25 under Section 6-302 and upon conviction thereof shall
26 have all driving privileges revoked without further
27 rights.
28 3. At the conclusion of a hearing under Section
29 2-118 of this Code, the Secretary of State shall either
30 rescind or continue an order of revocation or shall
31 substitute an order of suspension; or, good cause
32 appearing therefor, rescind, continue, change, or extend
33 the order of suspension. If the Secretary of State does
34 not rescind the order, the Secretary may upon
-9- LRB9212791DHdvam01
1 application, to relieve undue hardship, issue a
2 restricted driving permit granting the privilege of
3 driving a motor vehicle between the petitioner's
4 residence and petitioner's place of employment or within
5 the scope of his employment related duties, or to allow
6 transportation for the petitioner, or a household member
7 of the petitioner's family, to receive necessary medical
8 care and if the professional evaluation indicates,
9 provide transportation for alcohol remedial or
10 rehabilitative activity, or for the petitioner to attend
11 classes, as a student, in an accredited educational
12 institution; if the petitioner is able to demonstrate
13 that no alternative means of transportation is reasonably
14 available and the petitioner will not endanger the public
15 safety or welfare.
16 If a person's license or permit has been revoked or
17 suspended due to 2 or more convictions of violating
18 Section 11-501 of this Code or a similar provision of a
19 local ordinance or a similar out-of-state offense,
20 arising out of separate occurrences, that person, if
21 issued a restricted driving permit, may not operate a
22 vehicle unless it has been equipped with an ignition
23 interlock device as defined in Section 1-129.1.
24 If a person's license or permit has been revoked or
25 suspended 2 or more times within a 10 year period due to
26 a single conviction of violating Section 11-501 of this
27 Code or a similar provision of a local ordinance or a
28 similar out-of-state offense, and a statutory summary
29 suspension under Section 11-501.1, or 2 or more statutory
30 summary suspensions, or combination of 2 offenses, or of
31 an offense and a statutory summary suspension, arising
32 out of separate occurrences, that person, if issued a
33 restricted driving permit, may not operate a vehicle
34 unless it has been equipped with an ignition interlock
-10- LRB9212791DHdvam01
1 device as defined in Section 1-129.1. The person must pay
2 to the Secretary of State DUI Administration Fund an
3 amount not to exceed $20 per month. The Secretary shall
4 establish by rule the amount and the procedures, terms,
5 and conditions relating to these fees. If the restricted
6 driving permit was issued for employment purposes, then
7 this provision does not apply to the operation of an
8 occupational vehicle owned or leased by that person's
9 employer. In each case the Secretary may issue a
10 restricted driving permit for a period deemed
11 appropriate, except that all permits shall expire within
12 one year from the date of issuance. The Secretary may
13 not, however, issue a restricted driving permit to any
14 person whose current revocation is the result of a second
15 or subsequent conviction for a violation of Section
16 11-501 of this Code or a similar provision of a local
17 ordinance relating to the offense of operating or being
18 in physical control of a motor vehicle while under the
19 influence of alcohol, other drug or drugs, intoxicating
20 compound or compounds, or any similar out-of-state
21 offense, or any combination of those offenses, until the
22 expiration of at least one year from the date of the
23 revocation. A restricted driving permit issued under this
24 Section shall be subject to cancellation, revocation, and
25 suspension by the Secretary of State in like manner and
26 for like cause as a driver's license issued under this
27 Code may be cancelled, revoked, or suspended; except that
28 a conviction upon one or more offenses against laws or
29 ordinances regulating the movement of traffic shall be
30 deemed sufficient cause for the revocation, suspension,
31 or cancellation of a restricted driving permit. The
32 Secretary of State may, as a condition to the issuance of
33 a restricted driving permit, require the applicant to
34 participate in a designated driver remedial or
-11- LRB9212791DHdvam01
1 rehabilitative program. The Secretary of State is
2 authorized to cancel a restricted driving permit if the
3 permit holder does not successfully complete the program.
4 (c-5) The Secretary of State may, as a condition of the
5 reissuance of a driver's license or permit to an applicant
6 whose driver's license or permit has been suspended before he
7 or she reached the age of 18 years pursuant to any of the
8 provisions of this Section, require the applicant to
9 participate in a driver remedial education course and be
10 retested under Section 6-109 of this Code.
11 (d) This Section is subject to the provisions of the
12 Drivers License Compact.
13 (e) The Secretary of State shall not issue a restricted
14 driving permit to a person under the age of 16 years whose
15 driving privileges have been suspended or revoked under any
16 provisions of this Code.
17 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
18 92-458, eff. 8-22-01; revised 8-27-01.)
19 (625 ILCS 5/11-1011) (from Ch. 95 1/2, par. 11-1011)
20 Sec. 11-1011. Bridge and railroad signals.
21 (a) No pedestrian shall enter or remain upon any bridge
22 or approach thereto beyond the bridge signal, gate, or
23 barrier after a bridge operation signal indication has been
24 given.
25 (b) No pedestrian shall pass through, around, over, or
26 under any crossing gate or barrier at a railroad grade
27 crossing or bridge while such gate or barrier is closed or is
28 being opened or closed.
29 (c) No pedestrian shall enter, remain upon or traverse
30 over a railroad grade crossing or pedestrian walkway crossing
31 a railroad track when an audible bell or clearly visible
32 electric or mechanical signal device is operational giving
33 warning of the presence, approach, passage, or departure of a
-12- LRB9212791DHdvam01
1 railroad train.
2 (d) A violation of any part of this Section is a petty
3 offense for which a $250 fine shall be imposed for a first
4 violation, and a $500 fine shall be imposed for a second or
5 subsequent violation. The court may impose 25 hours of
6 community service in place of the $250 fine for a first
7 violation shall result in a mandatory fine of $500 or 50
8 hours of community service.
9 (e) Local authorities shall impose fines as established
10 in subsection (d) for pedestrians who fail to obey signals
11 indicating the presence, approach, passage, or departure of a
12 train.
13 (Source: P.A. 89-186, eff. 1-1-96; 89-658, eff. 1-1-97.)
14 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
15 Sec. 11-1201. Obedience to signal indicating approach of
16 train.
17 (a) Whenever any person driving a vehicle approaches a
18 railroad grade crossing such person must exercise due care
19 and caution as the existence of a railroad track across a
20 highway is a warning of danger, and under any of the
21 circumstances stated in this Section, the driver shall stop
22 within 50 feet but not less than 15 feet from the nearest
23 rail of the railroad and shall not proceed until he can do so
24 safely. The foregoing requirements shall apply when:
25 1. A clearly visible electric or mechanical signal
26 device gives warning of the immediate approach of a
27 railroad train;
28 2. A crossing gate is lowered or a human flagman
29 gives or continues to give a signal of the approach or
30 passage of a railroad train;
31 3. A railroad train approaching a highway crossing
32 emits a warning signal and such railroad train, by reason
33 of its speed or nearness to such crossing, is an
-13- LRB9212791DHdvam01
1 immediate hazard;
2 4. An approaching railroad train is plainly visible
3 and is in hazardous proximity to such crossing;.
4 5. A railroad train is approaching so closely that
5 an immediate hazard is created.
6 (b) No person shall drive any vehicle through, around or
7 under any crossing gate or barrier at a railroad crossing
8 while such gate or barrier is closed or is being opened or
9 closed.
10 (c) The Department, and local authorities with the
11 approval of the Department, are hereby authorized to
12 designate particularly dangerous highway grade crossings of
13 railroads and to erect stop signs thereat. When such stop
14 signs are erected the driver of any vehicle shall stop within
15 50 feet but not less than 15 feet from the nearest rail of
16 such railroad and shall proceed only upon exercising due
17 care.
18 (d) At any railroad grade crossing provided with
19 railroad crossbuck signs, without automatic, electric, or
20 mechanical signal devices, crossing gates, or a human flagman
21 giving a signal of the approach or passage of a train, the
22 driver of a vehicle shall in obedience to the railroad
23 crossbuck sign, yield the right-of-way and slow down to a
24 speed reasonable for the existing conditions and shall stop,
25 if required for safety, at a clearly marked stopped line, or
26 if no stop line, within 50 feet but not less than 15 feet
27 from the nearest rail of the railroad and shall not proceed
28 until he or she can do so safely. If a driver is involved in
29 a collision at a railroad crossing or interferes with the
30 movement of a train after driving past the railroad crossbuck
31 sign, the collision or interference is prima facie evidence
32 of the driver's failure to yield right-of-way.
33 (d-5) No person may drive any vehicle through a railroad
34 crossing if there is insufficient space to drive completely
-14- LRB9212791DHdvam01
1 through the crossing without stopping.
2 (e) It is unlawful to violate any part of this Section.
3 (1) A violation of this Section is a petty offense
4 for which a fine of $250 shall be imposed for a first
5 violation, and a fine of $500 shall be imposed for a
6 second or subsequent violation. The court may impose 25
7 hours of community service in place of the $250 fine for
8 the first violation.
9 (2) For a second or subsequent violation, the
10 Secretary of State may suspend the driving privileges of
11 the offender for a minimum of 6 months.
12 A first conviction of a person for a violation of any part of
13 this Section shall result in a mandatory fine of $250; all
14 subsequent convictions of that person for any violation of
15 any part of this Section shall each result in a mandatory
16 fine of $500.
17 (f) Corporate authorities of municipal corporations
18 regulating operators of vehicles that fail to obey signals
19 indicating the presence, approach, passage, or departure of a
20 train shall impose fines as established in subsection (e) of
21 this Section.
22 (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
23 revised 9-19-01)
24 (625 ILCS 5/11-1201.1)
25 Sec. 11-1201.1. Automated Railroad Crossing Enforcement
26 System.
27 (a) For the purposes of this Section, an automated
28 railroad grade crossing enforcement system is a system
29 operated by a law enforcement agency that records a driver's
30 response to automatic, electrical or mechanical signal
31 devices and crossing gates. The system shall be designed to
32 obtain a clear photograph or other recorded image of the
33 vehicle, vehicle operator and the vehicle registration plate
-15- LRB9212791DHdvam01
1 of a vehicle in violation of Section 11-1201. The photograph
2 or other recorded image shall also display the time, date and
3 location of the violation.
4 (b) Commencing on January 1, 1996, the Illinois Commerce
5 Commission and the Commuter Rail Board of the Regional
6 Transportation Authority shall, in cooperation with local law
7 enforcement agencies, establish a 5 year pilot program within
8 a county with a population of between 750,000 and 1,000,000
9 using an automated railroad grade crossing enforcement
10 system. The Commission shall determine the 3 railroad grade
11 crossings within that county that pose the greatest threat to
12 human life based upon the number of accidents and fatalities
13 at the crossings during the past 5 years and with approval of
14 the local law enforcement agency equip the crossings with an
15 automated railroad grade crossing enforcement system.
16 (b-1) Commencing on July 20, 2001 (the effective date of
17 Public Act 92-98) this amendatory Act of the 92nd General
18 Assembly, the Illinois Commerce Commission and the Commuter
19 Rail Board may, in cooperation with the local law enforcement
20 agency, establish in a county with a population of between
21 750,000 and 1,000,000 a 2 year pilot program using an
22 automated railroad grade crossing enforcement system. This
23 pilot program may be established at a railroad grade crossing
24 designated by local authorities. No State moneys may be
25 expended on the automated railroad grade crossing enforcement
26 system established under this pilot program.
27 (c) For each violation of Section 11-1201 recorded by an
28 automatic railroad grade crossing system, the local law
29 enforcement agency having jurisdiction shall issue a written
30 Uniform Traffic Citation of the violation to the registered
31 owner of the vehicle as the alleged violator. The Uniform
32 Traffic Citation shall be delivered to the registered owner
33 of the vehicle, by mail, within 30 days of the violation.
34 The Uniform Traffic Citation shall include the name and
-16- LRB9212791DHdvam01
1 address of vehicle owner, the vehicle registration number,
2 the offense charged, the time, date, and location of the
3 violation, the first available court date and that the basis
4 of the citation is the photograph or other recorded image
5 from the automated railroad grade crossing enforcement
6 system.
7 (d) The Uniform Traffic Citation issued to the
8 registered owner of the vehicle shall be accompanied by a
9 written notice, the contents of which is set forth in
10 subsection (d-1) of this Section, explaining how the
11 registered owner of the vehicle can elect to proceed by
12 either paying the fine or challenging the issuance of the
13 Uniform Traffic Citation.
14 (d-1) The written notice explaining the alleged
15 violator's rights and obligations must include the following
16 text:
17 "You have been served with the accompanying Uniform
18 Traffic Citation and cited with having violated Section
19 11-1201 of the Illinois Vehicle Code. You can elect to
20 proceed by:
21 1. Paying the fine; or
22 2. Challenging the issuance of the Uniform Traffic
23 Citation in court; or
24 3. If you were not the operator of the vehicle at the
25 time of the alleged offense, notifying in writing the
26 local law enforcement agency that issued the Uniform
27 Traffic Citation of the number of the Uniform Traffic
28 Citation received and the name and address of the person
29 operating the vehicle at the time of the alleged offense.
30 If you fail to so notify in writing the local law
31 enforcement agency of the name and address of the
32 operator of the vehicle at the time of the alleged
33 offense, you may be presumed to have been the operator of
34 the vehicle at the time of the alleged offense."
-17- LRB9212791DHdvam01
1 (d-2) If the registered owner of the vehicle was not the
2 operator of the vehicle at the time of the alleged offense,
3 and if the registered owner notifies the local law
4 enforcement agency having jurisdiction of the name and
5 address of the operator of the vehicle at the time of the
6 alleged offense, the local law enforcement agency having
7 jurisdiction shall then issue a written Uniform Traffic
8 Citation to the person alleged by the registered owner to
9 have been the operator of the vehicle at the time of the
10 alleged offense. If the registered owner fails to notify in
11 writing the local law enforcement agency having jurisdiction
12 of the name and address of the operator of the vehicle at the
13 time of the alleged offense, the registered owner may be
14 presumed to have been the operator of the vehicle at the time
15 of the alleged offense.
16 (e) Evidence.
17 (i) A certificate alleging that a violation of
18 Section 11-1201 occurred, sworn to or affirmed by a duly
19 authorized agency, based on inspection of recorded images
20 produced by an automated railroad crossing enforcement
21 system are evidence of the facts contained in the
22 certificate and are admissible in any proceeding alleging
23 a violation under this Section.
24 (ii) Photographs or recorded images made by an
25 automatic railroad grade crossing enforcement system are
26 confidential and shall be made available only to the
27 alleged violator and governmental and law enforcement
28 agencies for purposes of adjudicating a violation of
29 Section 11-1201 of the Illinois Vehicle Code. However,
30 any photograph or other recorded image evidencing a
31 violation of Section 11-1201 shall be admissible in any
32 proceeding resulting from the issuance of the Uniform
33 Traffic Citation when there is reasonable and sufficient
34 proof of the accuracy of the camera or electronic
-18- LRB9212791DHdvam01
1 instrument recording the image. There is a rebuttable
2 presumption that the photograph or recorded image is
3 accurate if the camera or electronic recording instrument
4 was in good working order at the beginning and the end of
5 the day of the alleged offense.
6 (f) Rail crossings equipped with an automatic railroad
7 grade crossing enforcement system shall be posted with a sign
8 visible to approaching traffic stating that the railroad
9 grade crossing is being monitored, that citations will be
10 issued, and the amount of the fine for violation.
11 (g) Except as provided in subsection (b-1), the cost of
12 the installation and maintenance of each automatic railroad
13 grade crossing enforcement system shall be paid from the
14 Grade Crossing Protection Fund if the rail line is not owned
15 by Commuter Rail Board of the Regional Transportation
16 Authority. Except as provided in subsection (b-1), if the
17 rail line is owned by the Commuter Rail Board of the Regional
18 Transportation Authority, the costs of the installation and
19 maintenance shall be paid from the Regional Transportation
20 Authority's portion of the Public Transportation Fund.
21 (h) The Illinois Commerce Commission shall issue a
22 report to the General Assembly at the conclusion of the 5
23 year pilot program established under subsection (b) on the
24 effectiveness of the automatic railroad grade crossing
25 enforcement system.
26 (i) If any part or parts of this Section are held by a
27 court of competent jurisdiction to be unconstitutional, the
28 unconstitutionality shall not affect the validity of the
29 remaining parts of this Section. The General Assembly hereby
30 declares that it would have passed the remaining parts of
31 this Section if it had known that the other part or parts of
32 this Section would be declared unconstitutional.
33 (j) Penalty.
34 (i) A violation of this Section is a petty offense
-19- LRB9212791DHdvam01
1 for which a fine of $250 shall be imposed for a first
2 violation, and a fine of $500 shall be imposed for a
3 second or subsequent violation. The court may impose 25
4 hours of community service in place of the $250 fine for
5 the first violation.
6 (ii) For a second or subsequent violation, the
7 Secretary of State may suspend the registration of the
8 motor vehicle for a period of at least 6 months.
9 (Source: P.A. 92-98, eff. 7-20-01; 92-245, eff. 8-3-01;
10 revised 10-18-01.)".