99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1481

 

Introduced 2/20/2015, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may not renew the registration of a vehicle until the registered owner of the vehicle completes a required traffic education program or pays any fine or penalty due and owing, or both, as a result of a violation of the automated traffic law enforcement system or the automated speed enforcement system. Provides that the Section concerning automated speed enforcement systems in safety zones applies to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties (instead of in municipalities with a population of 1,000,000 or more inhabitants).


LRB099 08837 RJF 29009 b

 

 

A BILL FOR

 

SB1481LRB099 08837 RJF 29009 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 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,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:

 

 

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1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and, on
5    at least one image or portion of the recording, clearly
6    identifying the registration plate number of the motor
7    vehicle.
8    (b-5) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through the
13Internet.
14    (c) Except as provided under Section 11-208.8 of this Code,
15a county or municipality, including a home rule county or
16municipality, may not use an automated traffic law enforcement
17system to provide recorded images of a motor vehicle for the
18purpose of recording its speed. Except as provided under
19Section 11-208.8 of this Code, the regulation of the use of
20automated traffic law enforcement systems to record vehicle
21speeds is an exclusive power and function of the State. This
22subsection (c) is a denial and limitation of home rule powers
23and functions under subsection (h) of Section 6 of Article VII
24of the Illinois Constitution.
25    (c-5) A county or municipality, including a home rule
26county or municipality, may not use an automated traffic law

 

 

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1enforcement system to issue violations in instances where the
2motor vehicle comes to a complete stop and does not enter the
3intersection, as defined by Section 1-132 of this Code, during
4the cycle of the red signal indication unless one or more
5pedestrians or bicyclists are present, even if the motor
6vehicle stops at a point past a stop line or crosswalk where a
7driver is required to stop, as specified in subsection (c) of
8Section 11-306 of this Code or a similar provision of a local
9ordinance.
10    (c-6) A county, or a municipality with less than 2,000,000
11inhabitants, including a home rule county or municipality, may
12not use an automated traffic law enforcement system to issue
13violations in instances where a motorcyclist enters an
14intersection against a red signal indication when the red
15signal fails to change to a green signal within a reasonable
16period of time not less than 120 seconds because of a signal
17malfunction or because the signal has failed to detect the
18arrival of the motorcycle due to the motorcycle's size or
19weight.
20    (d) For each violation of a provision of this Code or a
21local ordinance recorded by an automatic traffic law
22enforcement system, the county or municipality having
23jurisdiction shall issue a written notice of the violation to
24the registered owner of the vehicle as the alleged violator.
25The notice shall be delivered to the registered owner of the
26vehicle, by mail, within 30 days after the Secretary of State

 

 

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1notifies the municipality or county of the identity of the
2owner of the vehicle, but in no event later than 90 days after
3the violation.
4    The notice shall include:
5        (1) the name and address of the registered owner of the
6    vehicle;
7        (2) the registration number of the motor vehicle
8    involved in the violation;
9        (3) the violation charged;
10        (4) the location where the violation occurred;
11        (5) the date and time of the violation;
12        (6) a copy of the recorded images;
13        (7) the amount of the civil penalty imposed and the
14    requirements of any traffic education program imposed and
15    the date by which the civil penalty should be paid and the
16    traffic education program should be completed;
17        (8) a statement that recorded images are evidence of a
18    violation of a red light signal;
19        (9) a warning that failure to pay the civil penalty, to
20    complete a required traffic education program, or to
21    contest liability in a timely manner is an admission of
22    liability and may result in a suspension of the driving
23    privileges of the registered owner of the vehicle, denial
24    of vehicle registration renewal, or both;
25        (10) a statement that the person may elect to proceed
26    by:

 

 

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

 

 

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1    (f) Based on inspection of recorded images produced by an
2automated traffic law enforcement system, a notice alleging
3that the violation occurred shall be evidence of the facts
4contained in the notice and admissible in any proceeding
5alleging a violation under this Section.
6    (g) Recorded images made by an automatic traffic law
7enforcement system are confidential and shall be made available
8only to the alleged violator and governmental and law
9enforcement agencies for purposes of adjudicating a violation
10of this Section, for statistical purposes, or for other
11governmental purposes. Any recorded image evidencing a
12violation of this Section, however, may be admissible in any
13proceeding resulting from the issuance of the citation.
14    (h) The court or hearing officer may consider in defense of
15a violation:
16        (1) that the motor vehicle or registration plates of
17    the motor vehicle were stolen before the violation occurred
18    and not under the control of or in the possession of the
19    owner at the time of the violation;
20        (2) that the driver of the vehicle passed through the
21    intersection when the light was red either (i) in order to
22    yield the right-of-way to an emergency vehicle or (ii) as
23    part of a funeral procession; and
24        (3) any other evidence or issues provided by municipal
25    or county ordinance.
26    (i) To demonstrate that the motor vehicle or the

 

 

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1registration plates were stolen before the violation occurred
2and were not under the control or possession of the owner at
3the time of the violation, the owner must submit proof that a
4report concerning the stolen motor vehicle or registration
5plates was filed with a law enforcement agency in a timely
6manner.
7    (j) Unless the driver of the motor vehicle received a
8Uniform Traffic Citation from a police officer at the time of
9the violation, the motor vehicle owner is subject to a civil
10penalty not exceeding $100 or the completion of a traffic
11education program, or both, plus an additional penalty of not
12more than $100 for failure to pay the original penalty or to
13complete a required traffic education program, or both, in a
14timely manner, if the motor vehicle is recorded by an automated
15traffic law enforcement system. A violation for which a civil
16penalty is imposed under this Section is not a violation of a
17traffic regulation governing the movement of vehicles and may
18not be recorded on the driving record of the owner of the
19vehicle.
20    (j-3) A registered owner who is a holder of a valid
21commercial driver's license is not required to complete a
22traffic education program.
23    (j-5) For purposes of the required traffic education
24program only, a registered owner may submit an affidavit to the
25court or hearing officer swearing that at the time of the
26alleged violation, the vehicle was in the custody and control

 

 

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1of another person. The affidavit must identify the person in
2custody and control of the vehicle, including the person's name
3and current address. The person in custody and control of the
4vehicle at the time of the violation is required to complete
5the required traffic education program. If the person in
6custody and control of the vehicle at the time of the violation
7completes the required traffic education program, the
8registered owner of the vehicle is not required to complete a
9traffic education program.
10    (k) An intersection equipped with an automated traffic law
11enforcement system must be posted with a sign visible to
12approaching traffic indicating that the intersection is being
13monitored by an automated traffic law enforcement system.
14    (k-3) A municipality or county that has one or more
15intersections equipped with an automated traffic law
16enforcement system must provide notice to drivers by posting
17the locations of automated traffic law systems on the
18municipality or county website.
19    (k-5) An intersection equipped with an automated traffic
20law enforcement system must have a yellow change interval that
21conforms with the Illinois Manual on Uniform Traffic Control
22Devices (IMUTCD) published by the Illinois Department of
23Transportation.
24    (k-7) A municipality or county operating an automated
25traffic law enforcement system shall conduct a statistical
26analysis to assess the safety impact of each automated traffic

 

 

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1law enforcement system at an intersection following
2installation of the system. The statistical analysis shall be
3based upon the best available crash, traffic, and other data,
4and shall cover a period of time before and after installation
5of the system sufficient to provide a statistically valid
6comparison of safety impact. The statistical analysis shall be
7consistent with professional judgment and acceptable industry
8practice. The statistical analysis also shall be consistent
9with the data required for valid comparisons of before and
10after conditions and shall be conducted within a reasonable
11period following the installation of the automated traffic law
12enforcement system. The statistical analysis required by this
13subsection (k-7) shall be made available to the public and
14shall be published on the website of the municipality or
15county. If the statistical analysis for the 36 month period
16following installation of the system indicates that there has
17been an increase in the rate of accidents at the approach to
18the intersection monitored by the system, the municipality or
19county shall undertake additional studies to determine the
20cause and severity of the accidents, and may take any action
21that it determines is necessary or appropriate to reduce the
22number or severity of the accidents at that intersection.
23    (l) The compensation paid for an automated traffic law
24enforcement system must be based on the value of the equipment
25or the services provided and may not be based on the number of
26traffic citations issued or the revenue generated by the

 

 

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1system.
2    (m) This Section applies only to the counties of Cook,
3DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
4to municipalities located within those counties.
5    (n) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14    (o) A municipality or county shall make a certified report
15to the Secretary of State pursuant to Section 6-306.5 of this
16Code whenever a registered owner of a vehicle has failed to pay
17any fine or penalty due and owing as a result of a combination
18of 5 offenses for automated traffic law or speed enforcement
19system violations.
20    (p) No person who is the lessor of a motor vehicle pursuant
21to a written lease agreement shall be liable for an automated
22speed or traffic law enforcement system violation involving
23such motor vehicle during the period of the lease; provided
24that upon the request of the appropriate authority received
25within 120 days after the violation occurred, the lessor
26provides within 60 days after such receipt the name and address

 

 

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1of the lessee. The drivers license number of a lessee may be
2subsequently individually requested by the appropriate
3authority if needed for enforcement of this Section.
4    Upon the provision of information by the lessor pursuant to
5this subsection, the county or municipality may issue the
6violation to the lessee of the vehicle in the same manner as it
7would issue a violation to a registered owner of a vehicle
8pursuant to this Section, and the lessee may be held liable for
9the violation.
10(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
11eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
 
12    (625 ILCS 5/11-208.8)
13    Sec. 11-208.8. Automated speed enforcement systems in
14safety zones.
15    (a) As used in this Section:
16    "Automated speed enforcement system" means a photographic
17device, radar device, laser device, or other electrical or
18mechanical device or devices installed or utilized in a safety
19zone and designed to record the speed of a vehicle and obtain a
20clear photograph or other recorded image of the vehicle and the
21vehicle's registration plate while the driver is violating
22Article VI of Chapter 11 of this Code or a similar provision of
23a local ordinance.
24    An automated speed enforcement system is a system, located
25in a safety zone which is under the jurisdiction of a county or

 

 

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1municipality, that produces a recorded image of a motor
2vehicle's violation of a provision of this Code or a local
3ordinance and is designed to obtain a clear recorded image of
4the vehicle and the vehicle's license plate. The recorded image
5must also display the time, date, and location of the
6violation.
7    "Owner" means the person or entity to whom the vehicle is
8registered.
9    "Recorded image" means images recorded by an automated
10speed enforcement system on:
11        (1) 2 or more photographs;
12        (2) 2 or more microphotographs;
13        (3) 2 or more electronic images; or
14        (4) a video recording showing the motor vehicle and, on
15    at least one image or portion of the recording, clearly
16    identifying the registration plate number of the motor
17    vehicle.
18    "Safety zone" means an area that is within one-eighth of a
19mile from the nearest property line of any public or private
20elementary or secondary school, or from the nearest property
21line of any facility, area, or land owned by a school district
22that is used for educational purposes approved by the Illinois
23State Board of Education, not including school district
24headquarters or administrative buildings. A safety zone also
25includes an area that is within one-eighth of a mile from the
26nearest property line of any facility, area, or land owned by a

 

 

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1park district used for recreational purposes. However, if any
2portion of a roadway is within either one-eighth mile radius,
3the safety zone also shall include the roadway extended to the
4furthest portion of the next furthest intersection. The term
5"safety zone" does not include any portion of the roadway known
6as Lake Shore Drive or any controlled access highway with 8 or
7more lanes of traffic.
8    (a-5) The automated speed enforcement system shall be
9operational and violations shall be recorded only at the
10following times:
11        (i) if the safety zone is based upon the property line
12    of any facility, area, or land owned by a school district,
13    only on school days and no earlier than 6 a.m. and no later
14    than 8:30 p.m. if the school day is during the period of
15    Monday through Thursday, or 9 p.m. if the school day is a
16    Friday; and
17        (ii) if the safety zone is based upon the property line
18    of any facility, area, or land owned by a park district, no
19    earlier than one hour prior to the time that the facility,
20    area, or land is open to the public or other patrons, and
21    no later than one hour after the facility, area, or land is
22    closed to the public or other patrons.
23    (b) A county or municipality that produces a recorded image
24of a motor vehicle's violation of a provision of this Code or a
25local ordinance must make the recorded images of a violation
26accessible to the alleged violator by providing the alleged

 

 

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1violator with a website address, accessible through the
2Internet.
3    (c) Notwithstanding any penalties for any other violations
4of this Code, the owner of a motor vehicle used in a traffic
5violation recorded by an automated speed enforcement system
6shall be subject to the following penalties:
7        (1) if the recorded speed is no less than 6 miles per
8    hour and no more than 10 miles per hour over the legal
9    speed limit, a civil penalty not exceeding $50, plus an
10    additional penalty of not more than $50 for failure to pay
11    the original penalty in a timely manner; or
12        (2) if the recorded speed is more than 10 miles per
13    hour over the legal speed limit, a civil penalty not
14    exceeding $100, plus an additional penalty of not more than
15    $100 for failure to pay the original penalty in a timely
16    manner.
17    A penalty may not be imposed under this Section if the
18driver of the motor vehicle received a Uniform Traffic Citation
19from a police officer for a speeding violation occurring within
20one-eighth of a mile and 15 minutes of the violation that was
21recorded by the system. A violation for which a civil penalty
22is imposed under this Section is not a violation of a traffic
23regulation governing the movement of vehicles and may not be
24recorded on the driving record of the owner of the vehicle. A
25law enforcement officer is not required to be present or to
26witness the violation. No penalty may be imposed under this

 

 

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1Section if the recorded speed of a vehicle is 5 miles per hour
2or less over the legal speed limit. The county or municipality
3may send, in the same manner that notices are sent under this
4Section, a speed violation warning notice where the violation
5involves a speed of 5 miles per hour or less above the legal
6speed limit.
7    (d) The net proceeds that a county or municipality receives
8from civil penalties imposed under an automated speed
9enforcement system, after deducting all non-personnel and
10personnel costs associated with the operation and maintenance
11of such system, shall be expended or obligated by the county or
12municipality for the following purposes:
13        (i) public safety initiatives to ensure safe passage
14    around schools, and to provide police protection and
15    surveillance around schools and parks, including but not
16    limited to: (1) personnel costs; and (2) non-personnel
17    costs such as construction and maintenance of public safety
18    infrastructure and equipment;
19        (ii) initiatives to improve pedestrian and traffic
20    safety;
21        (iii) construction and maintenance of infrastructure
22    within the county or municipality, including but not
23    limited to roads and bridges; and
24        (iv) after school programs.
25    (e) For each violation of a provision of this Code or a
26local ordinance recorded by an automated speed enforcement

 

 

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1system, the county or municipality having jurisdiction shall
2issue a written notice of the violation to the registered owner
3of the vehicle as the alleged violator. The notice shall be
4delivered to the registered owner of the vehicle, by mail,
5within 30 days after the Secretary of State notifies the county
6or municipality of the identity of the owner of the vehicle,
7but in no event later than 90 days after the violation.
8    (f) The notice required under subsection (e) of this
9Section shall include:
10        (1) the name and address of the registered owner of the
11    vehicle;
12        (2) the registration number of the motor vehicle
13    involved in the violation;
14        (3) the violation charged;
15        (4) the date, time, and location where the violation
16    occurred;
17        (5) a copy of the recorded image or images;
18        (6) the amount of the civil penalty imposed and the
19    date by which the civil penalty should be paid;
20        (7) a statement that recorded images are evidence of a
21    violation of a speed restriction;
22        (8) a warning that failure to pay the civil penalty or
23    to contest liability in a timely manner is an admission of
24    liability and may result in a suspension of the driving
25    privileges of the registered owner of the vehicle, denial
26    of vehicle registration renewal, or both;

 

 

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1        (9) a statement that the person may elect to proceed
2    by:
3            (A) paying the fine; or
4            (B) challenging the charge in court, by mail, or by
5        administrative hearing; and
6        (10) a website address, accessible through the
7    Internet, where the person may view the recorded images of
8    the violation.
9    (g) If a person charged with a traffic violation, as a
10result of an automated speed enforcement system, does not pay
11the fine or successfully contest the civil penalty resulting
12from that violation, the Secretary of State shall suspend the
13driving privileges of the registered owner of the vehicle under
14Section 6-306.5 of this Code for failing to pay any fine or
15penalty due and owing, or both, as a result of a combination of
165 violations of the automated speed enforcement system or the
17automated traffic law under Section 11-208.6 of this Code.
18    (g-5) 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 the violation, the Secretary of State may not renew the
22registration of the vehicle until the registered owner of the
23vehicle pays any fine or penalty due and owing.
24    (h) Based on inspection of recorded images produced by an
25automated speed enforcement system, a notice alleging that the
26violation occurred shall be evidence of the facts contained in

 

 

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1the notice and admissible in any proceeding alleging a
2violation under this Section.
3    (i) Recorded images made by an automated speed enforcement
4system are confidential and shall be made available only to the
5alleged violator and governmental and law enforcement agencies
6for purposes of adjudicating a violation of this Section, for
7statistical purposes, or for other governmental purposes. Any
8recorded image evidencing a violation of this Section, however,
9may be admissible in any proceeding resulting from the issuance
10of the citation.
11    (j) The court or hearing officer may consider in defense of
12a violation:
13        (1) that the motor vehicle or registration plates of
14    the motor vehicle were stolen before the violation occurred
15    and not under the control or in the possession of the owner
16    at the time of the violation;
17        (2) that the driver of the motor vehicle received a
18    Uniform Traffic Citation from a police officer for a
19    speeding violation occurring within one-eighth of a mile
20    and 15 minutes of the violation that was recorded by the
21    system; and
22        (3) any other evidence or issues provided by county or
23    municipal ordinance.
24    (k) To demonstrate that the motor vehicle or the
25registration plates were stolen before the violation occurred
26and were not under the control or possession of the owner at

 

 

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1the time of the violation, the owner must submit proof that a
2report concerning the stolen motor vehicle or registration
3plates was filed with a law enforcement agency in a timely
4manner.
5    (l) A roadway equipped with an automated speed enforcement
6system shall be posted with a sign conforming to the national
7Manual on Uniform Traffic Control Devices that is visible to
8approaching traffic stating that vehicle speeds are being
9photo-enforced and indicating the speed limit. The county or
10municipality shall install such additional signage as it
11determines is necessary to give reasonable notice to drivers as
12to where automated speed enforcement systems are installed.
13    (m) A roadway where a new automated speed enforcement
14system is installed shall be posted with signs providing 30
15days notice of the use of a new automated speed enforcement
16system prior to the issuance of any citations through the
17automated speed enforcement system.
18    (n) The compensation paid for an automated speed
19enforcement system must be based on the value of the equipment
20or the services provided and may not be based on the number of
21traffic citations issued or the revenue generated by the
22system.
23    (o) A county or municipality shall make a certified report
24to the Secretary of State pursuant to Section 6-306.5 of this
25Code whenever a registered owner of a vehicle has failed to pay
26any fine or penalty due and owing as a result of a combination

 

 

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1of 5 offenses for automated speed or traffic law enforcement
2system violations.
3    (p) No person who is the lessor of a motor vehicle pursuant
4to a written lease agreement shall be liable for an automated
5speed or traffic law enforcement system violation involving
6such motor vehicle during the period of the lease; provided
7that upon the request of the appropriate authority received
8within 120 days after the violation occurred, the lessor
9provides within 60 days after such receipt the name and address
10of the lessee. The drivers license number of a lessee may be
11subsequently individually requested by the appropriate
12authority if needed for enforcement of this Section.
13    Upon the provision of information by the lessor pursuant to
14this subsection, the county or municipality may issue the
15violation to the lessee of the vehicle in the same manner as it
16would issue a violation to a registered owner of a vehicle
17pursuant to this Section, and the lessee may be held liable for
18the violation.
19    (q) A county or municipality using an automated speed
20enforcement system must provide notice to drivers by publishing
21the locations of all safety zones where system equipment is
22installed on the website of the county or municipality.
23    (r) A county or municipality operating an automated speed
24enforcement system shall conduct a statistical analysis to
25assess the safety impact of the system. The statistical
26analysis shall be based upon the best available crash, traffic,

 

 

SB1481- 21 -LRB099 08837 RJF 29009 b

1and other data, and shall cover a period of time before and
2after installation of the system sufficient to provide a
3statistically valid comparison of safety impact. The
4statistical analysis shall be consistent with professional
5judgment and acceptable industry practice. The statistical
6analysis also shall be consistent with the data required for
7valid comparisons of before and after conditions and shall be
8conducted within a reasonable period following the
9installation of the automated traffic law enforcement system.
10The statistical analysis required by this subsection shall be
11made available to the public and shall be published on the
12website of the county or municipality.
13    (s) This Section applies only to the counties of Cook,
14DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
15to municipalities located within those counties municipalities
16with a population of 1,000,000 or more inhabitants.
17(Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463,
18eff. 8-16-13.)