Full Text of SB0952 97th General Assembly
SB0952sam007 97TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 2/27/2012
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| 1 | | AMENDMENT TO SENATE BILL 952
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 952 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-208.6 and 11-208.8 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 | 9 | | enforcement
system" means a device with one or more motor | 10 | | vehicle sensors working
in conjunction with a red light signal | 11 | | to produce recorded images of
motor vehicles entering an | 12 | | intersection against a red signal
indication in violation of | 13 | | Section 11-306 of this Code or a similar provision
of a local | 14 | | ordinance.
| 15 | | An
automated traffic law enforcement system is a system, in | 16 | | a municipality or
county operated by a
governmental agency, |
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| 1 | | that
produces a recorded image of a motor vehicle's
violation | 2 | | of a provision of this Code or a local ordinance
and is | 3 | | designed to obtain a clear recorded image of the
vehicle and | 4 | | the vehicle's license plate. The recorded image must also
| 5 | | display the time, date, and location of the violation.
| 6 | | (b) As used in this Section, "recorded images" means images
| 7 | | recorded by an automated traffic law enforcement system on:
| 8 | | (1) 2 or more photographs;
| 9 | | (2) 2 or more microphotographs;
| 10 | | (3) 2 or more electronic images; or
| 11 | | (4) a video recording showing the motor vehicle and, on | 12 | | at
least one image or portion of the recording, clearly | 13 | | identifying the
registration plate number of the motor | 14 | | vehicle.
| 15 | | (b-5) A municipality or
county that
produces a recorded | 16 | | image of a motor vehicle's
violation of a provision of this | 17 | | Code or a local ordinance must make the recorded images of a | 18 | | violation accessible to the alleged violator by providing the | 19 | | alleged violator with a website address, accessible through the | 20 | | Internet. | 21 | | (c) Except as provided under Section 11-208.8 of this Code, | 22 | | a county or municipality, including a home rule county or | 23 | | municipality, may not use an automated traffic law enforcement | 24 | | system to provide recorded images of a motor vehicle for the | 25 | | purpose of recording its speed. Except as provided under | 26 | | Section 11-208.8 of this Code, the regulation of the use of |
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| 1 | | automated traffic law enforcement systems to record vehicle | 2 | | speeds is an exclusive power and function of the State. This | 3 | | subsection (c) is a denial and limitation of home rule powers | 4 | | and functions under subsection (h) of Section 6 of Article VII | 5 | | of the Illinois Constitution.
| 6 | | (c-5) A county or municipality, including a home rule | 7 | | county or municipality, may not use an automated traffic law | 8 | | enforcement system to issue violations in instances where the | 9 | | motor vehicle comes to a complete stop and does not enter the | 10 | | intersection, as defined by Section 1-132 of this Code, during | 11 | | the cycle of the red signal indication unless one or more | 12 | | pedestrians or bicyclists are present, even if the motor | 13 | | vehicle stops at a point past a stop line or crosswalk where a | 14 | | driver is required to stop, as specified in subsection (c) of | 15 | | Section 11-306 of this Code or a similar provision of a local | 16 | | ordinance. | 17 | | (c-6) A county, or a municipality with less than 2,000,000 | 18 | | inhabitants, including a home rule county or municipality, may | 19 | | not use an automated traffic law enforcement system to issue | 20 | | violations in instances where a motorcyclist enters an | 21 | | intersection against a red signal
indication when the red | 22 | | signal fails to change to a green signal within a reasonable | 23 | | period of time because of a signal malfunction or because the | 24 | | signal has failed to detect the arrival of the motorcycle due | 25 | | to the motorcycle's size or weight. | 26 | | (d) For each violation of a provision of this Code or a |
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| 1 | | local ordinance
recorded by an automatic
traffic law | 2 | | enforcement system, the county or municipality having
| 3 | | jurisdiction shall issue a written notice of the
violation to | 4 | | the registered owner of the vehicle as the alleged
violator. | 5 | | The notice shall be delivered to the registered
owner of the | 6 | | vehicle, by mail, within 30 days after the Secretary of State | 7 | | notifies the municipality or county of the identity of the | 8 | | owner of the vehicle, but in no event later than 90 days after | 9 | | the 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 | 15 | | result of an automated traffic law
enforcement system, does not | 16 | | pay the fine or complete a required traffic education program, | 17 | | or both, or successfully contest the civil
penalty resulting | 18 | | from that violation, the Secretary of State shall suspend the
| 19 | | driving privileges of the
registered owner of the vehicle under | 20 | | Section 6-306.5 of this Code for failing
to complete a required | 21 | | traffic education program or to pay any fine or penalty
due and | 22 | | owing, or both, as a result of a combination of 5 violations of | 23 | | the automated traffic law
enforcement system or the automated | 24 | | speed enforcement system under Section 11-208.8 of this Code.
| 25 | | (e-5) If a person
charged with a traffic violation, as a | 26 | | result of an automated traffic law
enforcement system, does not |
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| 1 | | pay the fine or complete a required traffic education program, | 2 | | or both, or successfully contest the civil
penalty resulting | 3 | | from the violation, the Secretary of State may not renew the | 4 | | registration of the
vehicle until the registered owner of the | 5 | | vehicle completes a required traffic education program or pays | 6 | | any fine or penalty
due and owing, or both. | 7 | | (f) Based on inspection of recorded images produced by an
| 8 | | automated traffic law enforcement system, a notice alleging | 9 | | that the violation occurred shall be evidence of the facts | 10 | | contained
in the notice and admissible in any proceeding | 11 | | alleging a
violation under this Section.
| 12 | | (g) Recorded images made by an automatic traffic law
| 13 | | enforcement system are confidential and shall be made
available | 14 | | only to the alleged violator and governmental and
law | 15 | | enforcement agencies for purposes of adjudicating a
violation | 16 | | of this Section, for statistical purposes, or for other | 17 | | governmental purposes. Any recorded image evidencing a
| 18 | | violation of this Section, however, may be admissible in
any | 19 | | proceeding resulting from the issuance of the citation.
| 20 | | (h) The court or hearing officer may consider in defense of | 21 | | a 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 | 7 | | registration
plates were stolen before the violation occurred | 8 | | and were not under the
control or possession of the owner at | 9 | | the time of the violation, the
owner must submit proof that a | 10 | | report concerning the stolen
motor vehicle or registration | 11 | | plates was filed with a law enforcement agency in a timely | 12 | | manner.
| 13 | | (j) Unless the driver of the motor vehicle received a | 14 | | Uniform
Traffic Citation from a police officer at the time of | 15 | | the violation,
the motor vehicle owner is subject to a civil | 16 | | penalty not exceeding
$100 or the completion of a traffic | 17 | | education program, or both, plus an additional penalty of not | 18 | | more than $100 for failure to pay the original penalty or to | 19 | | complete a required traffic education program, or both, in a | 20 | | timely manner, if the motor vehicle is recorded by an automated | 21 | | traffic law
enforcement system. A violation for which a civil | 22 | | penalty is imposed
under this Section is not a violation of a | 23 | | traffic regulation governing
the movement of vehicles and may | 24 | | not be recorded on the driving record
of the owner of the | 25 | | vehicle.
| 26 | | (j-3) A registered owner who is a holder of a valid |
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| 1 | | commercial driver's license is not required to complete a | 2 | | traffic education program. | 3 | | (j-5) For purposes of the required traffic education | 4 | | program only, a registered owner may submit an affidavit to the | 5 | | court or hearing officer swearing that at the time of the | 6 | | alleged violation, the vehicle was in the custody and control | 7 | | of another person. The affidavit must identify the person in | 8 | | custody and control of the vehicle, including the person's name | 9 | | and current address. The person in custody and control of the | 10 | | vehicle at the time of the violation is required to complete | 11 | | the required traffic education program. If the person in | 12 | | custody and control of the vehicle at the time of the violation | 13 | | completes the required traffic education program, the | 14 | | registered owner of the vehicle is not required to complete a | 15 | | traffic education program. | 16 | | (k) An intersection equipped with an automated traffic law
| 17 | | enforcement system must be posted with a sign visible to | 18 | | approaching traffic
indicating that the intersection is being | 19 | | monitored by an automated
traffic law enforcement system. | 20 | | (k-3) A municipality or
county that has one or more | 21 | | intersections equipped with an automated traffic law
| 22 | | enforcement system must provide notice to drivers by posting | 23 | | the locations of automated traffic law systems on the | 24 | | municipality or county website.
| 25 | | (k-5) An intersection equipped with an automated traffic | 26 | | law
enforcement system must have a yellow change interval that |
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| 1 | | conforms with the Illinois Manual on Uniform Traffic Control | 2 | | Devices (IMUTCD) published by the Illinois Department of | 3 | | Transportation. | 4 | | (k-7) A municipality or county operating an automated | 5 | | traffic law enforcement system shall conduct a statistical | 6 | | analysis to assess the safety impact of each automated traffic | 7 | | law enforcement system at an intersection following | 8 | | installation of the system. The statistical analysis shall be | 9 | | based upon the best available crash, traffic, and other data, | 10 | | and shall cover a period of time before and after installation | 11 | | of the system sufficient to provide a statistically valid | 12 | | comparison of safety impact. The statistical analysis shall be | 13 | | consistent with professional judgment and acceptable industry | 14 | | practice. The statistical analysis also shall be consistent | 15 | | with the data required for valid comparisons of before and | 16 | | after conditions and shall be conducted within a reasonable | 17 | | period following the installation of the automated traffic law | 18 | | enforcement system. The statistical analysis required by this | 19 | | subsection (k-7) shall be made available to the public and | 20 | | shall be published on the website of the municipality or | 21 | | county. If the statistical analysis for the 36 month period | 22 | | following installation of the system indicates that there has | 23 | | been an increase in the rate of accidents at the approach to | 24 | | the intersection monitored by the system, the municipality or | 25 | | county shall undertake additional studies to determine the | 26 | | cause and severity of the accidents, and may take any action |
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| 1 | | that it determines is necessary or appropriate to reduce the | 2 | | number or severity of the accidents at that intersection. | 3 | | (l) The compensation paid for an automated traffic law | 4 | | enforcement system
must be based on the value of the equipment | 5 | | or the services provided and may
not be based on the number of | 6 | | traffic citations issued or the revenue generated
by the | 7 | | system.
| 8 | | (m) This Section applies only to the counties of Cook, | 9 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 10 | | to municipalities located within those counties.
| 11 | | (n) The fee for participating in a traffic education | 12 | | program under this Section shall not exceed $25. | 13 | | A low-income individual required to complete a traffic | 14 | | education program under this Section who provides proof of | 15 | | eligibility for the federal earned income tax credit under | 16 | | Section 32 of the Internal Revenue Code or the Illinois earned | 17 | | income tax credit under Section 212 of the Illinois Income Tax | 18 | | Act shall not be required to pay any fee for participating in a | 19 | | required traffic education program. | 20 | | (o) A municipality or county shall make a certified report | 21 | | to the Secretary of State pursuant to Section 6-306.5 of this | 22 | | Code whenever a registered owner of a vehicle has failed to pay | 23 | | any
fine or penalty due and owing as a result of a combination | 24 | | of 5 offenses for automated traffic
law or speed enforcement | 25 | | system violations. | 26 | | (p) No person who is the lessor of a motor vehicle pursuant |
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| 1 | | to a written lease agreement shall be liable for an automated | 2 | | speed or traffic law enforcement system violation involving | 3 | | such motor vehicle during the period of the lease; provided | 4 | | that upon the request of the appropriate authority received | 5 | | within 120 days after the violation occurred, the lessor | 6 | | provides within 60 days after such receipt the name and address | 7 | | of the lessee. The drivers license number of a lessee may be | 8 | | subsequently individually requested by the appropriate | 9 | | authority if needed for enforcement of this Section. | 10 | | Upon the provision of information by the lessor pursuant to | 11 | | this subsection, the county or municipality may issue the | 12 | | violation to the lessee of the vehicle in the same manner as it | 13 | | would issue a violation to a registered owner of a vehicle | 14 | | pursuant to this Section, and the lessee may be held liable for | 15 | | the violation. | 16 | | (Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11; | 17 | | 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, eff. 7-1-12; | 18 | | revised 2-8-12.) | 19 | | (625 ILCS 5/11-208.8) | 20 | | (This Section may contain text from a Public Act with a | 21 | | delayed effective date ) | 22 | | Sec. 11-208.8. Automated speed enforcement systems in | 23 | | safety zones. | 24 | | (a) As used in this Section: | 25 | | "Automated speed enforcement
system" means a photographic |
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| 1 | | device, radar device, laser device, or other electrical or | 2 | | mechanical device or devices installed or utilized in a safety | 3 | | zone and designed to record the speed of a vehicle and obtain a | 4 | | clear photograph or other recorded image of the vehicle and the | 5 | | vehicle's registration plate while the driver is violating | 6 | | Article VI of Chapter 11 of this Code or a similar provision of | 7 | | a local ordinance. | 8 | | An automated speed enforcement system is a system, located | 9 | | in a safety zone which is under the jurisdiction of a county or | 10 | | municipality, that produces a recorded image of a motor | 11 | | vehicle's violation of a provision of this Code or a local | 12 | | ordinance and is designed to obtain a clear recorded image of | 13 | | the vehicle and the vehicle's license plate. The recorded image | 14 | | must also display the time, date, and location of the | 15 | | violation. | 16 | | "Owner" means the person or entity to whom the vehicle is | 17 | | registered. | 18 | | "Recorded image" means images
recorded by an automated | 19 | | speed 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 | 2 | | mile from the nearest property line of any public or private | 3 | | elementary or secondary school, or from the nearest property | 4 | | line of any facility, area, or land owned by a school district | 5 | | that is used for educational purposes approved by the Illinois | 6 | | State Board of Education, not including school district | 7 | | headquarters or administrative buildings. A safety zone also | 8 | | includes an area that is within one-eighth of a mile from the | 9 | | nearest property line of any facility, area, or land owned by a | 10 | | park district used for recreational purposes. However, if any | 11 | | portion of a roadway is within either one-eighth mile radius, | 12 | | the safety zone also shall include the roadway extended to the | 13 | | furthest portion of the next furthest intersection. The term | 14 | | "safety zone" does not include any portion of the roadway known | 15 | | as Lake Shore Drive or any controlled access highway with 8 or | 16 | | more lanes of traffic. | 17 | | (a-5) The automated speed enforcement system shall be | 18 | | operational and violations shall be recorded only at the | 19 | | following 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 | 7 | | of a motor vehicle's
violation of a provision of this Code or a | 8 | | local ordinance must make the recorded images of a violation | 9 | | accessible to the alleged violator by providing the alleged | 10 | | violator with a website address, accessible through the | 11 | | Internet. | 12 | | (c) Notwithstanding any penalties for any other violations | 13 | | of this Code, the owner of a motor vehicle used in a traffic | 14 | | violation recorded by an automated speed enforcement system | 15 | | shall 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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| 1 | | driver of the motor vehicle received a Uniform Traffic Citation | 2 | | from a police officer for a speeding violation occurring within | 3 | | one-eighth of a mile and 15 minutes of the violation that was | 4 | | recorded by the system. A violation for which a civil penalty | 5 | | is imposed
under this Section is not a violation of a traffic | 6 | | regulation governing
the movement of vehicles and may not be | 7 | | recorded on the driving record
of the owner of the vehicle. A | 8 | | law enforcement officer is not required to be present or to | 9 | | witness the violation. No penalty may be imposed under this | 10 | | Section if the recorded speed of a vehicle is 5 miles per hour | 11 | | or less over the legal speed limit. The county or municipality | 12 | | may send, in the same manner that notices are sent under this | 13 | | Section, a speed violation warning notice where the violation | 14 | | involves a speed of 5 miles per hour or less above the legal | 15 | | speed limit. | 16 | | (d) The net proceeds that a county or municipality receives | 17 | | from civil penalties imposed under an automated speed | 18 | | enforcement system, after deducting all non-personnel and | 19 | | personnel costs associated with the operation and maintenance | 20 | | of such system, shall be expended or obligated by the county or | 21 | | municipality 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 | 9 | | local ordinance
recorded by an automated speed enforcement | 10 | | system, the county or municipality having
jurisdiction shall | 11 | | issue a written notice of the
violation to the registered owner | 12 | | of the vehicle as the alleged
violator. The notice shall be | 13 | | delivered to the registered
owner of the vehicle, by mail, | 14 | | within 30 days after the Secretary of State notifies the county | 15 | | or municipality of the identity of the owner of the vehicle, | 16 | | but in no event later than 90 days after the violation. | 17 | | (f) The notice required under subsection (e) of this | 18 | | Section 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 | 19 | | result of an automated speed enforcement system, does not pay | 20 | | the fine or successfully contest the civil
penalty resulting | 21 | | from that violation, the Secretary of State shall suspend the
| 22 | | driving privileges of the
registered owner of the vehicle under | 23 | | Section 6-306.5 of this Code for failing
to pay any fine or | 24 | | penalty
due and owing, or both, as a result of a combination of | 25 | | 5 violations of the automated speed enforcement system or the | 26 | | automated 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 | 2 | | result of an automated speed
enforcement system, does not pay | 3 | | the fine or successfully contest the civil
penalty resulting | 4 | | from the violation, the Secretary of State may not renew the | 5 | | registration of the
vehicle until the registered owner of the | 6 | | vehicle
pays any fine or penalty
due and owing. | 7 | | (h) Based on inspection of recorded images produced by an
| 8 | | automated speed enforcement system, a notice alleging that the | 9 | | violation occurred shall be evidence of the facts contained
in | 10 | | the notice and admissible in any proceeding alleging a
| 11 | | violation under this Section. | 12 | | (i) Recorded images made by an automated speed
enforcement | 13 | | system are confidential and shall be made
available only to the | 14 | | alleged violator and governmental and
law enforcement agencies | 15 | | for purposes of adjudicating a
violation of this Section, for | 16 | | statistical purposes, or for other governmental purposes. Any | 17 | | recorded image evidencing a
violation of this Section, however, | 18 | | may be admissible in
any proceeding resulting from the issuance | 19 | | of the citation. | 20 | | (j) The court or hearing officer may consider in defense of | 21 | | a 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 | 8 | | registration
plates were stolen before the violation occurred | 9 | | and were not under the
control or possession of the owner at | 10 | | the time of the violation, the
owner must submit proof that a | 11 | | report concerning the stolen
motor vehicle or registration | 12 | | plates was filed with a law enforcement agency in a timely | 13 | | manner. | 14 | | (l) A roadway equipped with an automated speed enforcement | 15 | | system shall be posted with a sign conforming to the national | 16 | | Manual on Uniform Traffic Control Devices that is visible to | 17 | | approaching traffic stating that vehicle speeds are being | 18 | | photo-enforced and indicating the speed limit. The county or | 19 | | municipality shall install such additional signage as it | 20 | | determines is necessary to give reasonable notice to drivers as | 21 | | to where automated speed enforcement systems are installed. | 22 | | (m) A roadway where a new automated speed enforcement | 23 | | system is installed shall be posted with signs providing 30 | 24 | | days notice of the use of a new automated speed enforcement | 25 | | system prior to the issuance of any citations through the | 26 | | automated speed enforcement system. |
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| 1 | | (n) The compensation paid for an automated speed | 2 | | enforcement system
must be based on the value of the equipment | 3 | | or the services provided and may
not be based on the number of | 4 | | traffic citations issued or the revenue generated
by the | 5 | | system. | 6 | | (o) A county or municipality shall make a certified report | 7 | | to the Secretary of State pursuant to Section 6-306.5 of this | 8 | | Code whenever a registered owner of a vehicle has failed to pay | 9 | | any
fine or penalty due and owing as a result of a combination | 10 | | of 5 offenses for automated speed or traffic law enforcement | 11 | | system violations. | 12 | | (p) No person who is the lessor of a motor vehicle pursuant | 13 | | to a written lease agreement shall be liable for an automated | 14 | | speed or traffic law enforcement system violation involving | 15 | | such motor vehicle during the period of the lease; provided | 16 | | that upon the request of the appropriate authority received | 17 | | within 120 days after the violation occurred, the lessor | 18 | | provides within 60 days after such receipt the name and address | 19 | | of the lessee. The drivers license number of a lessee may be | 20 | | subsequently individually requested by the appropriate | 21 | | authority if needed for enforcement of this Section. | 22 | | Upon the provision of information by the lessor pursuant to | 23 | | this subsection, the county or municipality may issue the | 24 | | violation to the lessee of the vehicle in the same manner as it | 25 | | would issue a violation to a registered owner of a vehicle | 26 | | pursuant to this Section, and the lessee may be held liable for |
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| 1 | | the violation. | 2 | | (q) A county or municipality using an automated speed | 3 | | enforcement system must provide notice to drivers by publishing | 4 | | the locations of all safety zones where system equipment is | 5 | | installed on the website of the county or municipality. | 6 | | (r) A county or municipality operating an automated speed | 7 | | enforcement system shall conduct a statistical analysis to | 8 | | assess the safety impact of the system. The statistical | 9 | | analysis shall be based upon the best available crash, traffic, | 10 | | and other data, and shall cover a period of time before and | 11 | | after installation of the system sufficient to provide a | 12 | | statistically valid comparison of safety impact. The | 13 | | statistical analysis shall be consistent with professional | 14 | | judgment and acceptable industry practice. The statistical | 15 | | analysis also shall be consistent with the data required for | 16 | | valid comparisons of before and after conditions and shall be | 17 | | conducted within a reasonable period following the | 18 | | installation of the automated traffic law enforcement system. | 19 | | The statistical analysis required by this subsection shall be | 20 | | made available to the public and shall be published on the | 21 | | website of the county or municipality. | 22 | | (s) This Section applies only to the counties of Cook, | 23 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 24 | | to municipalities located within those counties municipalities | 25 | | with 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.)
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| 1 | | Section 99. Effective date. This Act takes effect July 1, | 2 | | 2012.".
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