Sen. Antonio Muņoz

Filed: 2/27/2012

 

 


 

 


 
09700SB0952sam007LRB097 04694 HEP 66390 a

1
AMENDMENT TO SENATE BILL 952

2    AMENDMENT NO. ______. Amend Senate Bill 952 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-208.6 and 11-208.8 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,

 

 

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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means images
7recorded by an automated traffic law enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and, on
12    at least one image or portion of the recording, clearly
13    identifying the registration plate number of the motor
14    vehicle.
15    (b-5) A municipality or county that produces a recorded
16image of a motor vehicle's violation of a provision of this
17Code or a local ordinance must make the recorded images of a
18violation accessible to the alleged violator by providing the
19alleged violator with a website address, accessible through the
20Internet.
21    (c) Except as provided under Section 11-208.8 of this Code,
22a county or municipality, including a home rule county or
23municipality, may not use an automated traffic law enforcement
24system to provide recorded images of a motor vehicle for the
25purpose of recording its speed. Except as provided under
26Section 11-208.8 of this Code, the regulation of the use of

 

 

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1automated traffic law enforcement systems to record vehicle
2speeds is an exclusive power and function of the State. This
3subsection (c) is a denial and limitation of home rule powers
4and functions under subsection (h) of Section 6 of Article VII
5of the Illinois Constitution.
6    (c-5) A county or municipality, including a home rule
7county or municipality, may not use an automated traffic law
8enforcement system to issue violations in instances where the
9motor vehicle comes to a complete stop and does not enter the
10intersection, as defined by Section 1-132 of this Code, during
11the cycle of the red signal indication unless one or more
12pedestrians or bicyclists are present, even if the motor
13vehicle stops at a point past a stop line or crosswalk where a
14driver is required to stop, as specified in subsection (c) of
15Section 11-306 of this Code or a similar provision of a local
16ordinance.
17    (c-6) A county, or a municipality with less than 2,000,000
18inhabitants, including a home rule county or municipality, may
19not use an automated traffic law enforcement system to issue
20violations in instances where a motorcyclist enters an
21intersection against a red signal indication when the red
22signal fails to change to a green signal within a reasonable
23period of time because of a signal malfunction or because the
24signal has failed to detect the arrival of the motorcycle due
25to the motorcycle's size or weight.
26    (d) For each violation of a provision of this Code or a

 

 

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

 

 

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1    contest liability in a timely manner is an admission of
2    liability and may result in a suspension of the driving
3    privileges of the registered owner of the vehicle, denial
4    of vehicle registration renewal, or both;
5        (10) a statement that the person may elect to proceed
6    by:
7            (A) paying the fine, completing a required traffic
8        education program, or both; or
9            (B) challenging the charge in court, by mail, or by
10        administrative hearing; and
11        (11) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    (e) If a person charged with a traffic violation, as a
15result of an automated traffic law enforcement system, does not
16pay the fine or complete a required traffic education program,
17or both, or successfully contest the civil penalty resulting
18from that violation, the Secretary of State shall suspend the
19driving privileges of the registered owner of the vehicle under
20Section 6-306.5 of this Code for failing to complete a required
21traffic education program or to pay any fine or penalty due and
22owing, or both, as a result of a combination of 5 violations of
23the automated traffic law enforcement system or the automated
24speed enforcement system under Section 11-208.8 of this Code.
25    (e-5) If a person charged with a traffic violation, as a
26result of an automated traffic law enforcement system, does not

 

 

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1pay the fine or complete a required traffic education program,
2or both, or successfully contest the civil penalty resulting
3from the violation, the Secretary of State may not renew the
4registration of the vehicle until the registered owner of the
5vehicle completes a required traffic education program or pays
6any fine or penalty due and owing, or both.
7    (f) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12    (g) Recorded images made by an automatic traffic law
13enforcement system are confidential and shall be made available
14only to the alleged violator and governmental and law
15enforcement agencies for purposes of adjudicating a violation
16of this Section, for statistical purposes, or for other
17governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20    (h) The court or hearing officer may consider in defense of
21a violation:
22        (1) that the motor vehicle or registration plates of
23    the motor vehicle were stolen before the violation occurred
24    and not under the control of or in the possession of the
25    owner at the time of the violation;
26        (2) that the driver of the vehicle passed through the

 

 

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1    intersection when the light was red either (i) in order to
2    yield the right-of-way to an emergency vehicle or (ii) as
3    part of a funeral procession; and
4        (3) any other evidence or issues provided by municipal
5    or county ordinance.
6    (i) To demonstrate that the motor vehicle or the
7registration plates were stolen before the violation occurred
8and were not under the control or possession of the owner at
9the time of the violation, the owner must submit proof that a
10report concerning the stolen motor vehicle or registration
11plates was filed with a law enforcement agency in a timely
12manner.
13    (j) Unless the driver of the motor vehicle received a
14Uniform Traffic Citation from a police officer at the time of
15the violation, the motor vehicle owner is subject to a civil
16penalty not exceeding $100 or the completion of a traffic
17education program, or both, plus an additional penalty of not
18more than $100 for failure to pay the original penalty or to
19complete a required traffic education program, or both, in a
20timely manner, if the motor vehicle is recorded by an automated
21traffic law enforcement system. A violation for which a civil
22penalty is imposed under this Section is not a violation of a
23traffic regulation governing the movement of vehicles and may
24not be recorded on the driving record of the owner of the
25vehicle.
26    (j-3) A registered owner who is a holder of a valid

 

 

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1commercial driver's license is not required to complete a
2traffic education program.
3    (j-5) For purposes of the required traffic education
4program only, a registered owner may submit an affidavit to the
5court or hearing officer swearing that at the time of the
6alleged violation, the vehicle was in the custody and control
7of another person. The affidavit must identify the person in
8custody and control of the vehicle, including the person's name
9and current address. The person in custody and control of the
10vehicle at the time of the violation is required to complete
11the required traffic education program. If the person in
12custody and control of the vehicle at the time of the violation
13completes the required traffic education program, the
14registered owner of the vehicle is not required to complete a
15traffic education program.
16    (k) An intersection equipped with an automated traffic law
17enforcement system must be posted with a sign visible to
18approaching traffic indicating that the intersection is being
19monitored by an automated traffic law enforcement system.
20    (k-3) A municipality or county that has one or more
21intersections equipped with an automated traffic law
22enforcement system must provide notice to drivers by posting
23the locations of automated traffic law systems on the
24municipality or county website.
25    (k-5) An intersection equipped with an automated traffic
26law enforcement system must have a yellow change interval that

 

 

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1conforms with the Illinois Manual on Uniform Traffic Control
2Devices (IMUTCD) published by the Illinois Department of
3Transportation.
4    (k-7) A municipality or county operating an automated
5traffic law enforcement system shall conduct a statistical
6analysis to assess the safety impact of each automated traffic
7law enforcement system at an intersection following
8installation of the system. The statistical analysis shall be
9based upon the best available crash, traffic, and other data,
10and shall cover a period of time before and after installation
11of the system sufficient to provide a statistically valid
12comparison of safety impact. The statistical analysis shall be
13consistent with professional judgment and acceptable industry
14practice. The statistical analysis also shall be consistent
15with the data required for valid comparisons of before and
16after conditions and shall be conducted within a reasonable
17period following the installation of the automated traffic law
18enforcement system. The statistical analysis required by this
19subsection (k-7) shall be made available to the public and
20shall be published on the website of the municipality or
21county. If the statistical analysis for the 36 month period
22following installation of the system indicates that there has
23been an increase in the rate of accidents at the approach to
24the intersection monitored by the system, the municipality or
25county shall undertake additional studies to determine the
26cause and severity of the accidents, and may take any action

 

 

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1that it determines is necessary or appropriate to reduce the
2number or severity of the accidents at that intersection.
3    (l) The compensation paid for an automated traffic law
4enforcement system must be based on the value of the equipment
5or the services provided and may not be based on the number of
6traffic citations issued or the revenue generated by the
7system.
8    (m) This Section applies only to the counties of Cook,
9DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
10to municipalities located within those counties.
11    (n) The fee for participating in a traffic education
12program under this Section shall not exceed $25.
13    A low-income individual required to complete a traffic
14education program under this Section who provides proof of
15eligibility for the federal earned income tax credit under
16Section 32 of the Internal Revenue Code or the Illinois earned
17income tax credit under Section 212 of the Illinois Income Tax
18Act shall not be required to pay any fee for participating in a
19required traffic education program.
20    (o) A municipality or county shall make a certified report
21to the Secretary of State pursuant to Section 6-306.5 of this
22Code whenever a registered owner of a vehicle has failed to pay
23any fine or penalty due and owing as a result of a combination
24of 5 offenses for automated traffic law or speed enforcement
25system violations.
26    (p) No person who is the lessor of a motor vehicle pursuant

 

 

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1to a written lease agreement shall be liable for an automated
2speed or traffic law enforcement system violation involving
3such motor vehicle during the period of the lease; provided
4that upon the request of the appropriate authority received
5within 120 days after the violation occurred, the lessor
6provides within 60 days after such receipt the name and address
7of the lessee. The drivers license number of a lessee may be
8subsequently individually requested by the appropriate
9authority if needed for enforcement of this Section.
10    Upon the provision of information by the lessor pursuant to
11this subsection, the county or municipality may issue the
12violation to the lessee of the vehicle in the same manner as it
13would issue a violation to a registered owner of a vehicle
14pursuant to this Section, and the lessee may be held liable for
15the violation.
16(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
1797-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, eff. 7-1-12;
18revised 2-8-12.)
 
19    (625 ILCS 5/11-208.8)
20    (This Section may contain text from a Public Act with a
21delayed effective date)
22    Sec. 11-208.8. Automated speed enforcement systems in
23safety zones.
24    (a) As used in this Section:
25    "Automated speed enforcement system" means a photographic

 

 

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1device, radar device, laser device, or other electrical or
2mechanical device or devices installed or utilized in a safety
3zone and designed to record the speed of a vehicle and obtain a
4clear photograph or other recorded image of the vehicle and the
5vehicle's registration plate while the driver is violating
6Article VI of Chapter 11 of this Code or a similar provision of
7a local ordinance.
8    An automated speed enforcement system is a system, located
9in a safety zone which is under the jurisdiction of a county or
10municipality, that produces a recorded image of a motor
11vehicle's violation of a provision of this Code or a local
12ordinance and is designed to obtain a clear recorded image of
13the vehicle and the vehicle's license plate. The recorded image
14must also display the time, date, and location of the
15violation.
16    "Owner" means the person or entity to whom the vehicle is
17registered.
18    "Recorded image" means images recorded by an automated
19speed enforcement system on:
20        (1) 2 or more photographs;
21        (2) 2 or more microphotographs;
22        (3) 2 or more electronic images; or
23        (4) a video recording showing the motor vehicle and, on
24    at least one image or portion of the recording, clearly
25    identifying the registration plate number of the motor
26    vehicle.

 

 

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1    "Safety zone" means an area that is within one-eighth of a
2mile from the nearest property line of any public or private
3elementary or secondary school, or from the nearest property
4line of any facility, area, or land owned by a school district
5that is used for educational purposes approved by the Illinois
6State Board of Education, not including school district
7headquarters or administrative buildings. A safety zone also
8includes an area that is within one-eighth of a mile from the
9nearest property line of any facility, area, or land owned by a
10park district used for recreational purposes. However, if any
11portion of a roadway is within either one-eighth mile radius,
12the safety zone also shall include the roadway extended to the
13furthest portion of the next furthest intersection. The term
14"safety zone" does not include any portion of the roadway known
15as Lake Shore Drive or any controlled access highway with 8 or
16more lanes of traffic.
17    (a-5) The automated speed enforcement system shall be
18operational and violations shall be recorded only at the
19following times:
20        (i) if the safety zone is based upon the property line
21    of any facility, area, or land owned by a school district,
22    only on school days and no earlier than 6 a.m. and no later
23    than 8:30 p.m. if the school day is during the period of
24    Monday through Thursday, or 9 p.m. if the school day is a
25    Friday; and
26        (ii) if the safety zone is based upon the property line

 

 

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1    of any facility, area, or land owned by a park district, no
2    earlier than one hour prior to the time that the facility,
3    area, or land is open to the public or other patrons, and
4    no later than one hour after the facility, area, or land is
5    closed to the public or other patrons.
6    (b) A county or municipality that produces a recorded image
7of a motor vehicle's violation of a provision of this Code or a
8local ordinance must make the recorded images of a violation
9accessible to the alleged violator by providing the alleged
10violator with a website address, accessible through the
11Internet.
12    (c) Notwithstanding any penalties for any other violations
13of this Code, the owner of a motor vehicle used in a traffic
14violation recorded by an automated speed enforcement system
15shall be subject to the following penalties:
16        (1) if the recorded speed is no less than 6 miles per
17    hour and no more than 10 miles per hour over the legal
18    speed limit, a civil penalty not exceeding $50, plus an
19    additional penalty of not more than $50 for failure to pay
20    the original penalty in a timely manner; or
21        (2) if the recorded speed is more than 10 miles per
22    hour over the legal speed limit, a civil penalty not
23    exceeding $100, plus an additional penalty of not more than
24    $100 for failure to pay the original penalty in a timely
25    manner.
26    A penalty may not be imposed under this Section if the

 

 

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1driver of the motor vehicle received a Uniform Traffic Citation
2from a police officer for a speeding violation occurring within
3one-eighth of a mile and 15 minutes of the violation that was
4recorded by the system. A violation for which a civil penalty
5is imposed under this Section is not a violation of a traffic
6regulation governing the movement of vehicles and may not be
7recorded on the driving record of the owner of the vehicle. A
8law enforcement officer is not required to be present or to
9witness the violation. No penalty may be imposed under this
10Section if the recorded speed of a vehicle is 5 miles per hour
11or less over the legal speed limit. The county or municipality
12may send, in the same manner that notices are sent under this
13Section, a speed violation warning notice where the violation
14involves a speed of 5 miles per hour or less above the legal
15speed limit.
16    (d) The net proceeds that a county or municipality receives
17from civil penalties imposed under an automated speed
18enforcement system, after deducting all non-personnel and
19personnel costs associated with the operation and maintenance
20of such system, shall be expended or obligated by the county or
21municipality for the following purposes:
22        (i) public safety initiatives to ensure safe passage
23    around schools, and to provide police protection and
24    surveillance around schools and parks, including but not
25    limited to: (1) personnel costs; and (2) non-personnel
26    costs such as construction and maintenance of public safety

 

 

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1    infrastructure and equipment;
2        (ii) initiatives to improve pedestrian and traffic
3    safety; and
4        (iii) construction and maintenance of infrastructure
5    within the county or municipality, including but not
6    limited to roads and bridges; and
7        (iv) after school programs.
8    (e) For each violation of a provision of this Code or a
9local ordinance recorded by an automated speed enforcement
10system, the county or municipality having jurisdiction shall
11issue a written notice of the violation to the registered owner
12of the vehicle as the alleged violator. The notice shall be
13delivered to the registered owner of the vehicle, by mail,
14within 30 days after the Secretary of State notifies the county
15or municipality of the identity of the owner of the vehicle,
16but in no event later than 90 days after the violation.
17    (f) The notice required under subsection (e) of this
18Section shall include:
19        (1) the name and address of the registered owner of the
20    vehicle;
21        (2) the registration number of the motor vehicle
22    involved in the violation;
23        (3) the violation charged;
24        (4) the date, time, and location where the violation
25    occurred;
26        (5) a copy of the recorded image or images;

 

 

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1        (6) the amount of the civil penalty imposed and the
2    date by which the civil penalty should be paid;
3        (7) a statement that recorded images are evidence of a
4    violation of a speed restriction;
5        (8) a warning that failure to pay the civil penalty or
6    to contest liability in a timely manner is an admission of
7    liability and may result in a suspension of the driving
8    privileges of the registered owner of the vehicle, denial
9    of vehicle registration renewal, or both;
10        (9) a statement that the person may elect to proceed
11    by:
12            (A) paying the fine; or
13            (B) challenging the charge in court, by mail, or by
14        administrative hearing; and
15        (10) a website address, accessible through the
16    Internet, where the person may view the recorded images of
17    the violation.
18    (g) If a person charged with a traffic violation, as a
19result of an automated speed enforcement system, does not pay
20the fine or successfully contest the civil penalty resulting
21from that violation, the Secretary of State shall suspend the
22driving privileges of the registered owner of the vehicle under
23Section 6-306.5 of this Code for failing to pay any fine or
24penalty due and owing, or both, as a result of a combination of
255 violations of the automated speed enforcement system or the
26automated traffic law under Section 11-208.6 of this Code.

 

 

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1    (g-5) If a person charged with a traffic violation, as a
2result of an automated speed enforcement system, does not pay
3the fine or successfully contest the civil penalty resulting
4from the violation, the Secretary of State may not renew the
5registration of the vehicle until the registered owner of the
6vehicle pays any fine or penalty due and owing.
7    (h) Based on inspection of recorded images produced by an
8automated speed enforcement system, a notice alleging that the
9violation occurred shall be evidence of the facts contained in
10the notice and admissible in any proceeding alleging a
11violation under this Section.
12    (i) Recorded images made by an automated speed enforcement
13system are confidential and shall be made available only to the
14alleged violator and governmental and law enforcement agencies
15for purposes of adjudicating a violation of this Section, for
16statistical purposes, or for other governmental purposes. Any
17recorded image evidencing a violation of this Section, however,
18may be admissible in any proceeding resulting from the issuance
19of the citation.
20    (j) The court or hearing officer may consider in defense of
21a violation:
22        (1) that the motor vehicle or registration plates of
23    the motor vehicle were stolen before the violation occurred
24    and not under the control or in the possession of the owner
25    at the time of the violation;
26        (2) that the driver of the motor vehicle received a

 

 

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1    Uniform Traffic Citation from a police officer for a
2    speeding violation occurring within one-eighth of a mile
3    and 15 minutes of the violation that was recorded by the
4    system; and
5        (3) any other evidence or issues provided by municipal
6    ordinance.
7    (k) To demonstrate that the motor vehicle or the
8registration plates were stolen before the violation occurred
9and were not under the control or possession of the owner at
10the time of the violation, the owner must submit proof that a
11report concerning the stolen motor vehicle or registration
12plates was filed with a law enforcement agency in a timely
13manner.
14    (l) A roadway equipped with an automated speed enforcement
15system shall be posted with a sign conforming to the national
16Manual on Uniform Traffic Control Devices that is visible to
17approaching traffic stating that vehicle speeds are being
18photo-enforced and indicating the speed limit. The county or
19municipality shall install such additional signage as it
20determines is necessary to give reasonable notice to drivers as
21to where automated speed enforcement systems are installed.
22    (m) A roadway where a new automated speed enforcement
23system is installed shall be posted with signs providing 30
24days notice of the use of a new automated speed enforcement
25system prior to the issuance of any citations through the
26automated speed enforcement system.

 

 

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1    (n) The compensation paid for an automated speed
2enforcement system must be based on the value of the equipment
3or the services provided and may not be based on the number of
4traffic citations issued or the revenue generated by the
5system.
6    (o) A county or municipality shall make a certified report
7to the Secretary of State pursuant to Section 6-306.5 of this
8Code whenever a registered owner of a vehicle has failed to pay
9any fine or penalty due and owing as a result of a combination
10of 5 offenses for automated speed or traffic law enforcement
11system violations.
12    (p) No person who is the lessor of a motor vehicle pursuant
13to a written lease agreement shall be liable for an automated
14speed or traffic law enforcement system violation involving
15such motor vehicle during the period of the lease; provided
16that upon the request of the appropriate authority received
17within 120 days after the violation occurred, the lessor
18provides within 60 days after such receipt the name and address
19of the lessee. The drivers license number of a lessee may be
20subsequently individually requested by the appropriate
21authority if needed for enforcement of this Section.
22    Upon the provision of information by the lessor pursuant to
23this subsection, the county or municipality may issue the
24violation to the lessee of the vehicle in the same manner as it
25would issue a violation to a registered owner of a vehicle
26pursuant to this Section, and the lessee may be held liable for

 

 

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1the violation.
2    (q) A county or municipality using an automated speed
3enforcement system must provide notice to drivers by publishing
4the locations of all safety zones where system equipment is
5installed on the website of the county or municipality.
6    (r) A county or municipality operating an automated speed
7enforcement system shall conduct a statistical analysis to
8assess the safety impact of the system. The statistical
9analysis shall be based upon the best available crash, traffic,
10and other data, and shall cover a period of time before and
11after installation of the system sufficient to provide a
12statistically valid comparison of safety impact. The
13statistical analysis shall be consistent with professional
14judgment and acceptable industry practice. The statistical
15analysis also shall be consistent with the data required for
16valid comparisons of before and after conditions and shall be
17conducted within a reasonable period following the
18installation of the automated traffic law enforcement system.
19The statistical analysis required by this subsection shall be
20made available to the public and shall be published on the
21website of the county or municipality.
22    (s) This Section applies only to the counties of Cook,
23DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
24to municipalities located within those counties municipalities
25with a population of 1,000,000 or more inhabitants.
26(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12.)
 

 

 

09700SB0952sam007- 22 -LRB097 04694 HEP 66390 a

1    Section 99. Effective date. This Act takes effect July 1,
22012.".