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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 11-208.3, 11-208.6, 11-208.7, 11-208.8, | ||||||
6 | 11-208.9, and 11-1201.1 as follows:
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7 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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8 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
9 | of traffic
regulations concerning the standing, parking, or | ||||||
10 | condition of
vehicles, automated traffic law violations, and | ||||||
11 | automated speed enforcement system violations.
| ||||||
12 | (a) Any municipality or county may provide by ordinance | ||||||
13 | for a system of
administrative adjudication of vehicular | ||||||
14 | standing and parking violations and
vehicle compliance | ||||||
15 | violations as described in this subsection, automated traffic | ||||||
16 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
17 | 11-1201.1, and automated speed enforcement system violations | ||||||
18 | as defined in Section 11-208.8.
The administrative system | ||||||
19 | shall have as its purpose the fair and
efficient enforcement | ||||||
20 | of municipal or county regulations through the
administrative | ||||||
21 | adjudication of automated speed enforcement system or | ||||||
22 | automated traffic law violations and violations of municipal | ||||||
23 | or county ordinances
regulating the standing and parking of |
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1 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
2 | display of municipal or county wheel tax licenses within the
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3 | municipality's
or county's borders. The administrative system | ||||||
4 | shall only have authority to adjudicate
civil offenses | ||||||
5 | carrying fines not in excess of $500 or requiring the | ||||||
6 | completion of a traffic education program, or both, that occur | ||||||
7 | after the
effective date of the ordinance adopting such a | ||||||
8 | system under this Section.
For purposes of this Section, | ||||||
9 | "compliance violation" means a violation of a
municipal or | ||||||
10 | county regulation governing the condition or use of equipment | ||||||
11 | on a vehicle
or governing the display of a municipal or county | ||||||
12 | wheel tax license.
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13 | (b) Any ordinance establishing a system of administrative | ||||||
14 | adjudication
under this Section shall provide for:
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15 | (1) A traffic compliance administrator authorized to
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16 | adopt, distribute, and
process parking, compliance, and | ||||||
17 | automated speed enforcement system or automated traffic | ||||||
18 | law violation notices and other notices required
by this
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19 | Section, collect money paid as fines and penalties for | ||||||
20 | violation of parking
and compliance
ordinances and | ||||||
21 | automated speed enforcement system or automated traffic | ||||||
22 | law violations, and operate an administrative adjudication | ||||||
23 | system.
| ||||||
24 | (2) A parking, standing, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law violation | ||||||
26 | notice
that
shall specify or include the date,
time, and |
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1 | place of violation of a parking, standing,
compliance, | ||||||
2 | automated speed enforcement system, or automated traffic | ||||||
3 | law
regulation; the particular regulation
violated; any | ||||||
4 | requirement to complete a traffic education program; the | ||||||
5 | fine and any penalty that may be assessed for late payment | ||||||
6 | or failure to complete a required traffic education | ||||||
7 | program, or both,
when so provided by ordinance; the | ||||||
8 | vehicle make or a photograph of the vehicle; the state | ||||||
9 | registration
number of the vehicle; and the identification | ||||||
10 | number of the
person issuing the notice.
With regard to | ||||||
11 | automated speed enforcement system or automated traffic | ||||||
12 | law violations, vehicle make shall be specified on the | ||||||
13 | automated speed enforcement system or automated traffic | ||||||
14 | law violation notice if the notice does not include a | ||||||
15 | photograph of the vehicle and the make is available and | ||||||
16 | readily discernible. With regard to municipalities or | ||||||
17 | counties with a population of 1 million or more, it
shall | ||||||
18 | be grounds for
dismissal of a parking
violation if the | ||||||
19 | state registration number or vehicle make specified is
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20 | incorrect. The violation notice shall state that the | ||||||
21 | completion of any required traffic education program, the | ||||||
22 | payment of any indicated
fine, and the payment of any | ||||||
23 | applicable penalty for late payment or failure to complete | ||||||
24 | a required traffic education program, or both, shall | ||||||
25 | operate as a
final disposition of the violation. The | ||||||
26 | notice also shall contain
information as to the |
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1 | availability of a hearing in which the violation may
be | ||||||
2 | contested on its merits. The violation notice shall | ||||||
3 | specify the
time and manner in which a hearing may be had.
| ||||||
4 | (3) Service of a parking, standing, or compliance
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5 | violation notice by: (i) affixing the
original or a | ||||||
6 | facsimile of the notice to an unlawfully parked or | ||||||
7 | standing vehicle; (ii)
handing the notice to the operator | ||||||
8 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
9 | notice to the address of the registered owner or lessee of | ||||||
10 | the cited vehicle as recorded with the Secretary of State | ||||||
11 | or the lessor of the motor vehicle within 30 days after the | ||||||
12 | Secretary of State or the lessor of the motor vehicle | ||||||
13 | notifies the municipality or county of the identity of the | ||||||
14 | owner or lessee of the vehicle, but not later than 90 days | ||||||
15 | after the date of the violation, except that in the case of | ||||||
16 | a lessee of a motor vehicle, service of a parking, | ||||||
17 | standing, or compliance violation notice may occur no | ||||||
18 | later than 210 days after the violation; and service of an | ||||||
19 | automated speed enforcement system or automated traffic | ||||||
20 | law violation notice by mail to the
address
of the | ||||||
21 | registered owner or lessee of the cited vehicle as | ||||||
22 | recorded with the Secretary of
State or the lessor of the | ||||||
23 | motor vehicle within 30 days after the Secretary of State | ||||||
24 | or the lessor of the motor vehicle notifies the | ||||||
25 | municipality or county of the identity of the owner or | ||||||
26 | lessee of the vehicle, but not later than 90 days after the |
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1 | violation, except that in the case of a lessee of a motor | ||||||
2 | vehicle, service of an automated traffic law violation | ||||||
3 | notice may occur no later than 210 days after the | ||||||
4 | violation. A person authorized by ordinance to issue and | ||||||
5 | serve parking,
standing, and compliance
violation notices | ||||||
6 | shall certify as to the correctness of the facts entered
| ||||||
7 | on the violation notice by signing his or her name to the | ||||||
8 | notice at
the time of service or, in the case of a notice | ||||||
9 | produced by a computerized
device, by signing a single | ||||||
10 | certificate to be kept by the traffic
compliance
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11 | administrator attesting to the correctness of all notices | ||||||
12 | produced by the
device while it was under his or her | ||||||
13 | control. In the case of an automated traffic law | ||||||
14 | violation, the ordinance shall
require
a
determination by | ||||||
15 | a technician employed or contracted by the municipality or | ||||||
16 | county that,
based on inspection of recorded images, the | ||||||
17 | motor vehicle was being operated in
violation of Section | ||||||
18 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
19 | the technician determines that the
vehicle entered the | ||||||
20 | intersection as part of a funeral procession or in order | ||||||
21 | to
yield the right-of-way to an emergency vehicle, a | ||||||
22 | citation shall not be issued. In municipalities with a | ||||||
23 | population of less than 1,000,000 inhabitants and counties | ||||||
24 | with a population of less than 3,000,000 inhabitants, the | ||||||
25 | automated traffic law ordinance shall require that all | ||||||
26 | determinations by a technician that a motor vehicle was |
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1 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
2 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
3 | approved by a law enforcement officer or retired law | ||||||
4 | enforcement officer of the municipality or county issuing | ||||||
5 | the violation. In municipalities with a population of | ||||||
6 | 1,000,000 or more inhabitants and counties with a | ||||||
7 | population of 3,000,000 or more inhabitants, the automated | ||||||
8 | traffic law ordinance shall require that all | ||||||
9 | determinations by a technician that a motor vehicle was | ||||||
10 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
11 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
12 | approved by a law enforcement officer or retired law | ||||||
13 | enforcement officer of the municipality or county issuing | ||||||
14 | the violation or by an additional fully trained reviewing | ||||||
15 | technician who is not employed by the contractor who | ||||||
16 | employs the technician who made the initial determination. | ||||||
17 | In the case of an automated speed enforcement system | ||||||
18 | violation, the ordinance shall require a determination by | ||||||
19 | a technician employed by the municipality, based upon an | ||||||
20 | inspection of recorded images, video or other | ||||||
21 | documentation, including documentation of the speed limit | ||||||
22 | and automated speed enforcement signage, and documentation | ||||||
23 | of the inspection, calibration, and certification of the | ||||||
24 | speed equipment, that the vehicle was being operated in | ||||||
25 | violation of Article VI of Chapter 11 of this Code or a | ||||||
26 | similar local ordinance. If the technician determines that |
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1 | the vehicle speed was not determined by a calibrated, | ||||||
2 | certified speed equipment device based upon the speed | ||||||
3 | equipment documentation, or if the vehicle was an | ||||||
4 | emergency vehicle, a citation may not be issued. The | ||||||
5 | automated speed enforcement ordinance shall require that | ||||||
6 | all determinations by a technician that a violation | ||||||
7 | occurred be reviewed and approved by a law enforcement | ||||||
8 | officer or retired law enforcement officer of the | ||||||
9 | municipality issuing the violation or by an additional | ||||||
10 | fully trained reviewing technician who is not employed by | ||||||
11 | the contractor who employs the technician who made the | ||||||
12 | initial determination. Routine and independent calibration | ||||||
13 | of the speeds produced by automated speed enforcement | ||||||
14 | systems and equipment shall be conducted annually by a | ||||||
15 | qualified technician. Speeds produced by an automated | ||||||
16 | speed enforcement system shall be compared with speeds | ||||||
17 | produced by lidar or other independent equipment. Radar or | ||||||
18 | lidar equipment shall undergo an internal validation test | ||||||
19 | no less frequently than once each week. Qualified | ||||||
20 | technicians shall test loop-based equipment no less | ||||||
21 | frequently than once a year. Radar equipment shall be | ||||||
22 | checked for accuracy by a qualified technician when the | ||||||
23 | unit is serviced, when unusual or suspect readings | ||||||
24 | persist, or when deemed necessary by a reviewing | ||||||
25 | technician. Radar equipment shall be checked with the | ||||||
26 | internal frequency generator and the internal circuit test |
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1 | whenever the radar is turned on. Technicians must be alert | ||||||
2 | for any unusual or suspect readings, and if unusual or | ||||||
3 | suspect readings of a radar unit persist, that unit shall | ||||||
4 | immediately be removed from service and not returned to | ||||||
5 | service until it has been checked by a qualified | ||||||
6 | technician and determined to be functioning properly. | ||||||
7 | Documentation of the annual calibration results, including | ||||||
8 | the equipment tested, test date, technician performing the | ||||||
9 | test, and test results, shall be maintained and available | ||||||
10 | for use in the determination of an automated speed | ||||||
11 | enforcement system violation and issuance of a citation. | ||||||
12 | The technician performing the calibration and testing of | ||||||
13 | the automated speed enforcement equipment shall be trained | ||||||
14 | and certified in the use of equipment for speed | ||||||
15 | enforcement purposes. Training on the speed enforcement | ||||||
16 | equipment may be conducted by law enforcement, civilian, | ||||||
17 | or manufacturer's personnel and if applicable may be | ||||||
18 | equivalent to the equipment use and operations training | ||||||
19 | included in the Speed Measuring Device Operator Program | ||||||
20 | developed by the National Highway Traffic Safety | ||||||
21 | Administration (NHTSA). The vendor or technician who | ||||||
22 | performs the work shall keep accurate records on each | ||||||
23 | piece of equipment the technician calibrates and tests. As | ||||||
24 | used in this paragraph, "fully trained reviewing | ||||||
25 | technician" means a person who has received at least 40 | ||||||
26 | hours of supervised training in subjects which shall |
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1 | include image inspection and interpretation, the elements | ||||||
2 | necessary to prove a violation, license plate | ||||||
3 | identification, and traffic safety and management. In all | ||||||
4 | municipalities and counties, the automated speed | ||||||
5 | enforcement system or automated traffic law ordinance | ||||||
6 | shall require that no additional fee shall be charged to | ||||||
7 | the alleged violator for exercising his or her right to an | ||||||
8 | administrative hearing, and persons shall be given at | ||||||
9 | least 25 days following an administrative hearing to pay | ||||||
10 | any civil penalty imposed by a finding that Section | ||||||
11 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
12 | local ordinance has been violated. The original or a
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13 | facsimile of the violation notice or, in the case of a | ||||||
14 | notice produced by a
computerized device, a printed record | ||||||
15 | generated by the device showing the facts
entered on the | ||||||
16 | notice, shall be retained by the
traffic compliance
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17 | administrator, and shall be a record kept in the ordinary | ||||||
18 | course of
business. A parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated traffic | ||||||
20 | law violation notice issued,
signed, and served in
| ||||||
21 | accordance with this Section, a copy of the notice, or the | ||||||
22 | computer-generated record shall be prima facie
correct and | ||||||
23 | shall be prima facie evidence of the correctness of the | ||||||
24 | facts
shown on the notice. The notice, copy, or | ||||||
25 | computer-generated
record shall be admissible in any
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26 | subsequent administrative or legal proceedings.
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1 | (4) An opportunity for a hearing for the registered | ||||||
2 | owner of the
vehicle cited in the parking, standing, | ||||||
3 | compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law violation notice in
which the owner | ||||||
5 | may
contest the merits of the alleged violation, and | ||||||
6 | during which formal or
technical rules of evidence shall | ||||||
7 | not apply; provided, however, that under
Section 11-1306 | ||||||
8 | of this Code the lessee of a vehicle cited in the
violation | ||||||
9 | notice likewise shall be provided an opportunity for a | ||||||
10 | hearing of
the same kind afforded the registered owner. | ||||||
11 | The hearings shall be
recorded, and the person conducting | ||||||
12 | the hearing on behalf of the traffic
compliance
| ||||||
13 | administrator shall be empowered to administer oaths and | ||||||
14 | to secure by
subpoena both the attendance and testimony of | ||||||
15 | witnesses and the production
of relevant books and papers. | ||||||
16 | Persons appearing at a hearing under this
Section may be | ||||||
17 | represented by counsel at their expense. The ordinance may
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18 | also provide for internal administrative review following | ||||||
19 | the decision of
the hearing officer.
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20 | (5) Service of additional notices, sent by first class | ||||||
21 | United States
mail, postage prepaid, to the address of the | ||||||
22 | registered owner of the cited
vehicle as recorded with the | ||||||
23 | Secretary of State or, if any notice to that address is | ||||||
24 | returned as undeliverable, to the last known address | ||||||
25 | recorded in a United States Post Office approved database,
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26 | or, under Section 11-1306
or subsection (p) of Section |
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1 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
2 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
3 | at the last address known
to the lessor of the cited | ||||||
4 | vehicle at the time of lease or, if any notice to that | ||||||
5 | address is returned as undeliverable, to the last known | ||||||
6 | address recorded in a United States Post Office approved | ||||||
7 | database.
The service shall
be deemed complete as of the | ||||||
8 | date of deposit in the United States mail.
The notices | ||||||
9 | shall be in the following sequence and shall include, but | ||||||
10 | not be
limited to, the information specified herein:
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11 | (i) A second notice of parking, standing, or | ||||||
12 | compliance violation if the first notice of the | ||||||
13 | violation was issued by affixing the original or a | ||||||
14 | facsimile of the notice to the unlawfully parked | ||||||
15 | vehicle or by handing the notice to the operator. This | ||||||
16 | notice shall specify or include the
date and location | ||||||
17 | of the violation cited in the parking,
standing,
or | ||||||
18 | compliance violation
notice, the particular regulation | ||||||
19 | violated, the vehicle
make or a photograph of the | ||||||
20 | vehicle, the state registration number of the vehicle, | ||||||
21 | any requirement to complete a traffic education | ||||||
22 | program, the fine and any penalty that may be
assessed | ||||||
23 | for late payment or failure to complete a traffic | ||||||
24 | education program, or both, when so provided by | ||||||
25 | ordinance, the availability
of a hearing in which the | ||||||
26 | violation may be contested on its merits, and the
time |
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1 | and manner in which the hearing may be had. The notice | ||||||
2 | of violation
shall also state that failure to complete | ||||||
3 | a required traffic education program, to pay the | ||||||
4 | indicated fine and any
applicable penalty, or to | ||||||
5 | appear at a hearing on the merits in the time and
| ||||||
6 | manner specified, will result in a final determination | ||||||
7 | of violation
liability for the cited violation in the | ||||||
8 | amount of the fine or penalty
indicated, and that, | ||||||
9 | upon the occurrence of a final determination of | ||||||
10 | violation liability for the failure, and the | ||||||
11 | exhaustion of, or
failure to exhaust, available | ||||||
12 | administrative or judicial procedures for
review, any | ||||||
13 | incomplete traffic education program or any unpaid | ||||||
14 | fine or penalty, or both, will constitute a debt due | ||||||
15 | and owing
the municipality or county.
| ||||||
16 | (ii) A notice of final determination of parking, | ||||||
17 | standing,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation liability.
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19 | This notice shall be sent following a final | ||||||
20 | determination of parking,
standing, compliance, | ||||||
21 | automated speed enforcement system, or automated | ||||||
22 | traffic law
violation liability and the conclusion of | ||||||
23 | judicial review procedures taken
under this Section. | ||||||
24 | The notice shall state that the incomplete traffic | ||||||
25 | education program or the unpaid fine or
penalty, or | ||||||
26 | both, is a debt due and owing the municipality or |
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1 | county. The notice shall contain
warnings that failure | ||||||
2 | to complete any required traffic education program or | ||||||
3 | to pay any fine or penalty due and owing the
| ||||||
4 | municipality or county, or both, within the time | ||||||
5 | specified may result in the municipality's
or county's | ||||||
6 | filing of a petition in the Circuit Court to have the | ||||||
7 | incomplete traffic education program or unpaid
fine or | ||||||
8 | penalty, or both, rendered a judgment as provided by | ||||||
9 | this Section, or, where applicable, may
result in | ||||||
10 | suspension of the person's driver's license for | ||||||
11 | failure to complete a traffic education program.
| ||||||
12 | (6) A notice of impending driver's license suspension. | ||||||
13 | This
notice shall be sent to the person liable for failure | ||||||
14 | to complete a required traffic education program. The | ||||||
15 | notice
shall state that failure to complete a required | ||||||
16 | traffic education program within 45 days of
the notice's | ||||||
17 | date will result in the municipality or county notifying | ||||||
18 | the Secretary
of State that the person is eligible for | ||||||
19 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
20 | of this Code. The notice shall also state
that the person | ||||||
21 | may obtain a photostatic copy of an original ticket | ||||||
22 | imposing a
fine or penalty by sending a self-addressed, | ||||||
23 | stamped envelope to the
municipality or county along with | ||||||
24 | a request for the photostatic copy.
The notice of | ||||||
25 | impending driver's
license suspension shall be sent by | ||||||
26 | first class United States mail,
postage prepaid, to the |
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| |||||||
1 | address recorded with the Secretary of State or, if any | ||||||
2 | notice to that address is returned as undeliverable, to | ||||||
3 | the last known address recorded in a United States Post | ||||||
4 | Office approved database.
| ||||||
5 | (7) Final determinations of violation liability. A | ||||||
6 | final
determination of violation liability shall occur | ||||||
7 | following failure to complete the required traffic | ||||||
8 | education program or
to pay the fine or penalty, or both, | ||||||
9 | after a hearing officer's determination of violation | ||||||
10 | liability and the exhaustion of or failure to exhaust any
| ||||||
11 | administrative review procedures provided by ordinance. | ||||||
12 | Where a person
fails to appear at a hearing to contest the | ||||||
13 | alleged violation in the time
and manner specified in a | ||||||
14 | prior mailed notice, the hearing officer's
determination | ||||||
15 | of violation liability shall become final: (A) upon
denial | ||||||
16 | of a timely petition to set aside that determination, or | ||||||
17 | (B) upon
expiration of the period for filing the petition | ||||||
18 | without a
filing having been made.
| ||||||
19 | (8) A petition to set aside a determination of | ||||||
20 | parking, standing,
compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law violation
liability that | ||||||
22 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
23 | petition to set aside a determination of liability may | ||||||
24 | also be filed by a person required to complete a traffic | ||||||
25 | education program.
The petition shall be filed with and | ||||||
26 | ruled upon by the traffic compliance
administrator in the |
| |||||||
| |||||||
1 | manner and within the time specified by ordinance.
The | ||||||
2 | grounds for the petition may be limited to: (A) the person | ||||||
3 | not having
been the owner or lessee of the cited vehicle on | ||||||
4 | the date the
violation notice was issued, (B) the person | ||||||
5 | having already completed the required traffic education | ||||||
6 | program or paid the fine or
penalty, or both, for the | ||||||
7 | violation in question, and (C) excusable failure to
appear | ||||||
8 | at or
request a new date for a hearing.
With regard to | ||||||
9 | municipalities or counties with a population of 1 million | ||||||
10 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
11 | violation if the state registration number or vehicle | ||||||
12 | make, only if specified in the violation notice, is
| ||||||
13 | incorrect. After the determination of
parking, standing, | ||||||
14 | compliance, automated speed enforcement system, or | ||||||
15 | automated traffic law violation liability has been set | ||||||
16 | aside
upon a showing of just
cause, the registered owner | ||||||
17 | shall be provided with a hearing on the merits
for that | ||||||
18 | violation.
| ||||||
19 | (9) Procedures for non-residents. Procedures by which | ||||||
20 | persons who are
not residents of the municipality or | ||||||
21 | county may contest the merits of the alleged
violation | ||||||
22 | without attending a hearing.
| ||||||
23 | (10) A schedule of civil fines for violations of | ||||||
24 | vehicular standing,
parking, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law regulations | ||||||
26 | enacted by ordinance pursuant to this
Section, and a
|
| |||||||
| |||||||
1 | schedule of penalties for late payment of the fines or | ||||||
2 | failure to complete required traffic education programs, | ||||||
3 | provided, however,
that the total amount of the fine and | ||||||
4 | penalty for any one violation shall
not exceed $250, | ||||||
5 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
6 | of this Code.
| ||||||
7 | (11) Other provisions as are necessary and proper to | ||||||
8 | carry into
effect the powers granted and purposes stated | ||||||
9 | in this Section.
| ||||||
10 | (c) Any municipality or county establishing vehicular | ||||||
11 | standing, parking,
compliance, automated speed enforcement | ||||||
12 | system, or automated traffic law
regulations under this | ||||||
13 | Section may also provide by ordinance for a
program of vehicle | ||||||
14 | immobilization for the purpose of facilitating
enforcement of | ||||||
15 | those regulations. The program of vehicle
immobilization shall | ||||||
16 | provide for immobilizing any eligible vehicle upon the
public | ||||||
17 | way by presence of a restraint in a manner to prevent operation | ||||||
18 | of
the vehicle. Any ordinance establishing a program of | ||||||
19 | vehicle
immobilization under this Section shall provide:
| ||||||
20 | (1) Criteria for the designation of vehicles eligible | ||||||
21 | for
immobilization. A vehicle shall be eligible for | ||||||
22 | immobilization when the
registered owner of the vehicle | ||||||
23 | has accumulated the number of incomplete traffic education | ||||||
24 | programs or unpaid final
determinations of parking, | ||||||
25 | standing, compliance, automated speed enforcement system, | ||||||
26 | or automated traffic law violation liability, or both, as
|
| |||||||
| |||||||
1 | determined by ordinance.
| ||||||
2 | (2) A notice of impending vehicle immobilization and a | ||||||
3 | right to a
hearing to challenge the validity of the notice | ||||||
4 | by disproving liability
for the incomplete traffic | ||||||
5 | education programs or unpaid final determinations of | ||||||
6 | parking, standing, compliance, automated speed enforcement | ||||||
7 | system, or automated traffic law
violation liability, or | ||||||
8 | both, listed
on the notice.
| ||||||
9 | (3) The right to a prompt hearing after a vehicle has | ||||||
10 | been immobilized
or subsequently towed without the | ||||||
11 | completion of the required traffic education program or | ||||||
12 | payment of the outstanding fines and
penalties on parking, | ||||||
13 | standing, compliance, automated speed enforcement system, | ||||||
14 | or automated traffic law violations, or both, for which | ||||||
15 | final
determinations have been
issued. An order issued | ||||||
16 | after the hearing is a final administrative
decision | ||||||
17 | within the meaning of Section 3-101 of the Code of Civil | ||||||
18 | Procedure.
| ||||||
19 | (4) A post immobilization and post-towing notice | ||||||
20 | advising the registered
owner of the vehicle of the right | ||||||
21 | to a hearing to challenge the validity
of the impoundment.
| ||||||
22 | (d) Judicial review of final determinations of parking, | ||||||
23 | standing,
compliance, automated speed enforcement system, or | ||||||
24 | automated traffic law
violations and final administrative | ||||||
25 | decisions issued after hearings
regarding vehicle | ||||||
26 | immobilization and impoundment made
under this Section shall |
| |||||||
| |||||||
1 | be subject to the provisions of
the Administrative Review Law.
| ||||||
2 | (e) Any fine, penalty, incomplete traffic education | ||||||
3 | program, or part of any fine or any penalty remaining
unpaid | ||||||
4 | after the exhaustion of, or the failure to exhaust, | ||||||
5 | administrative
remedies created under this Section and the | ||||||
6 | conclusion of any judicial
review procedures shall be a debt | ||||||
7 | due and owing the municipality or county and, as
such, may be | ||||||
8 | collected in accordance with applicable law. Completion of any | ||||||
9 | required traffic education program and payment in full
of any | ||||||
10 | fine or penalty resulting from a standing, parking,
| ||||||
11 | compliance, automated speed enforcement system, or automated | ||||||
12 | traffic law violation shall
constitute a final disposition of | ||||||
13 | that violation.
| ||||||
14 | (f) After the expiration of the period within which | ||||||
15 | judicial review may
be sought for a final determination of | ||||||
16 | parking, standing, compliance, automated speed enforcement | ||||||
17 | system, or automated traffic law
violation, the municipality
| ||||||
18 | or county may commence a proceeding in the Circuit Court for | ||||||
19 | purposes of obtaining a
judgment on the final determination of | ||||||
20 | violation. Nothing in this
Section shall prevent a | ||||||
21 | municipality or county from consolidating multiple final
| ||||||
22 | determinations of parking, standing, compliance, automated | ||||||
23 | speed enforcement system, or automated traffic law violations | ||||||
24 | against a
person in a proceeding.
Upon commencement of the | ||||||
25 | action, the municipality or county shall file a certified
copy | ||||||
26 | or record of the final determination of parking, standing, |
| |||||||
| |||||||
1 | compliance, automated speed enforcement system, or automated | ||||||
2 | traffic law
violation, which shall be
accompanied by a | ||||||
3 | certification that recites facts sufficient to show that
the | ||||||
4 | final determination of violation was
issued in accordance with | ||||||
5 | this Section and the applicable municipal
or county ordinance. | ||||||
6 | Service of the summons and a copy of the petition may be by
any | ||||||
7 | method provided by Section 2-203 of the Code of Civil | ||||||
8 | Procedure or by
certified mail, return receipt requested, | ||||||
9 | provided that the total amount of
fines and penalties for | ||||||
10 | final determinations of parking, standing,
compliance, | ||||||
11 | automated speed enforcement system, or automated traffic law | ||||||
12 | violations does not
exceed $2500. If the court is satisfied | ||||||
13 | that the final determination of
parking, standing, compliance, | ||||||
14 | automated speed enforcement system, or automated traffic law | ||||||
15 | violation was entered in accordance with
the requirements of
| ||||||
16 | this Section and the applicable municipal or county ordinance, | ||||||
17 | and that the registered
owner or the lessee, as the case may | ||||||
18 | be, had an opportunity for an
administrative hearing and for | ||||||
19 | judicial review as provided in this Section,
the court shall | ||||||
20 | render judgment in favor of the municipality or county and | ||||||
21 | against
the registered owner or the lessee for the amount | ||||||
22 | indicated in the final
determination of parking, standing, | ||||||
23 | compliance, automated speed enforcement system, or automated | ||||||
24 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
25 | same effect and may be enforced in the same manner as other | ||||||
26 | judgments
for the recovery of money.
|
| |||||||
| |||||||
1 | (g) The fee for participating in a traffic education | ||||||
2 | program under this Section shall not exceed $25. | ||||||
3 | A low-income individual required to complete a traffic | ||||||
4 | education program under this Section who provides proof of | ||||||
5 | eligibility for the federal earned income tax credit under | ||||||
6 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
7 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
8 | Act shall not be required to pay any fee for participating in a | ||||||
9 | required traffic education program. | ||||||
10 | (h) Notwithstanding any other provision of law to the | ||||||
11 | contrary, a person shall not be liable for violations, fees, | ||||||
12 | fines, or penalties under this Section during the period in | ||||||
13 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
14 | in a report to the appropriate law enforcement agency filed in | ||||||
15 | a timely manner. | ||||||
16 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
17 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
| ||||||
18 | (625 ILCS 5/11-208.6)
| ||||||
19 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
20 | (a) As used in this Section, "automated traffic law | ||||||
21 | enforcement
system" means a device with one or more motor | ||||||
22 | vehicle sensors working
in conjunction with a red light signal | ||||||
23 | to produce recorded images of
motor vehicles entering an | ||||||
24 | intersection against a red signal
indication in violation of | ||||||
25 | Section 11-306 of this Code or a similar provision
of a local |
| |||||||
| |||||||
1 | ordinance.
| ||||||
2 | An
automated traffic law enforcement system is a system, | ||||||
3 | in a municipality or
county operated by a
governmental agency, | ||||||
4 | that
produces a recorded image of a motor vehicle's
violation | ||||||
5 | of a provision of this Code or a local ordinance
and is | ||||||
6 | designed to obtain a clear recorded image of the
vehicle and | ||||||
7 | the vehicle's license plate. The recorded image must also
| ||||||
8 | display the time, date, and location of the violation.
| ||||||
9 | (b) As used in this Section, "recorded images" means | ||||||
10 | images
recorded by an automated traffic law enforcement system | ||||||
11 | on:
| ||||||
12 | (1) 2 or more photographs;
| ||||||
13 | (2) 2 or more microphotographs;
| ||||||
14 | (3) 2 or more electronic images; or
| ||||||
15 | (4) a video recording showing the motor vehicle and, | ||||||
16 | on at
least one image or portion of the recording, clearly | ||||||
17 | identifying the
registration plate or digital registration | ||||||
18 | plate number of the motor vehicle.
| ||||||
19 | (b-5) A municipality or
county that
produces a recorded | ||||||
20 | image of a motor vehicle's
violation of a provision of this | ||||||
21 | Code or a local ordinance must make the recorded images of a | ||||||
22 | violation accessible to the alleged violator by providing the | ||||||
23 | alleged violator with a website address, accessible through | ||||||
24 | the Internet. | ||||||
25 | (c) Except as provided under Section 11-208.8 of this | ||||||
26 | Code, a county or municipality, including a home rule county |
| |||||||
| |||||||
1 | or municipality, may not use an automated traffic law | ||||||
2 | enforcement system to provide recorded images of a motor | ||||||
3 | vehicle for the purpose of recording its speed. Except as | ||||||
4 | provided under Section 11-208.8 of this Code, the regulation | ||||||
5 | of the use of automated traffic law enforcement systems to | ||||||
6 | record vehicle speeds is an exclusive power and function of | ||||||
7 | the State. This subsection (c) is a denial and limitation of | ||||||
8 | home rule powers and functions under subsection (h) of Section | ||||||
9 | 6 of Article VII of the Illinois Constitution.
| ||||||
10 | (c-5) A county or municipality, including a home rule | ||||||
11 | county or municipality, may not use an automated traffic law | ||||||
12 | enforcement system to issue violations in instances where the | ||||||
13 | motor vehicle comes to a complete stop and does not enter the | ||||||
14 | intersection, as defined by Section 1-132 of this Code, during | ||||||
15 | the cycle of the red signal indication unless one or more | ||||||
16 | pedestrians or bicyclists are present, even if the motor | ||||||
17 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
18 | driver is required to stop, as specified in subsection (c) of | ||||||
19 | Section 11-306 of this Code or a similar provision of a local | ||||||
20 | ordinance. | ||||||
21 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
22 | inhabitants, including a home rule county or municipality, may | ||||||
23 | not use an automated traffic law enforcement system to issue | ||||||
24 | violations in instances where a motorcyclist enters an | ||||||
25 | intersection against a red signal
indication when the red | ||||||
26 | signal fails to change to a green signal within a reasonable |
| |||||||
| |||||||
1 | period of time not less than 120 seconds because of a signal | ||||||
2 | malfunction or because the signal has failed to detect the | ||||||
3 | arrival of the motorcycle due to the motorcycle's size or | ||||||
4 | weight. | ||||||
5 | (d) For each violation of a provision of this Code or a | ||||||
6 | local ordinance
recorded by an automatic
traffic law | ||||||
7 | enforcement system, the county or municipality having
| ||||||
8 | jurisdiction shall issue a written notice of the
violation to | ||||||
9 | the registered owner of the vehicle as the alleged
violator. | ||||||
10 | The notice shall be delivered to the registered
owner of the | ||||||
11 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
12 | notifies the municipality or county of the identity of the | ||||||
13 | owner of the vehicle, but in no event later than 90 days after | ||||||
14 | the violation.
| ||||||
15 | The notice shall include:
| ||||||
16 | (1) the name and address of the registered owner of | ||||||
17 | the
vehicle;
| ||||||
18 | (2) the registration number of the motor vehicle
| ||||||
19 | involved in the violation;
| ||||||
20 | (3) the violation charged;
| ||||||
21 | (4) the location where the violation occurred;
| ||||||
22 | (5) the date and time of the violation;
| ||||||
23 | (6) a copy of the recorded images;
| ||||||
24 | (7) the amount of the civil penalty imposed and the | ||||||
25 | requirements of any traffic education program imposed and | ||||||
26 | the date
by which the civil penalty should be paid and the |
| |||||||
| |||||||
1 | traffic education program should be completed;
| ||||||
2 | (8) a statement that recorded images are evidence of a
| ||||||
3 | violation of a red light signal;
| ||||||
4 | (9) a warning that failure to pay the civil penalty, | ||||||
5 | to complete a required traffic education program, or to
| ||||||
6 | contest liability in a timely manner is an admission of
| ||||||
7 | liability;
| ||||||
8 | (10) a statement that the person may elect to proceed | ||||||
9 | by:
| ||||||
10 | (A) paying the fine, completing a required traffic | ||||||
11 | education program, or both; or
| ||||||
12 | (B) challenging the charge in court, by mail, or | ||||||
13 | by administrative hearing; and
| ||||||
14 | (11) a website address, accessible through the | ||||||
15 | Internet, where the person may view the recorded images of | ||||||
16 | the violation. | ||||||
17 | (e) (Blank).
| ||||||
18 | (f) Based on inspection of recorded images produced by an
| ||||||
19 | automated traffic law enforcement system, a notice alleging | ||||||
20 | that the violation occurred shall be evidence of the facts | ||||||
21 | contained
in the notice and admissible in any proceeding | ||||||
22 | alleging a
violation under this Section.
| ||||||
23 | (g) Recorded images made by an automatic traffic law
| ||||||
24 | enforcement system are confidential and shall be made
| ||||||
25 | available only to the alleged violator and governmental and
| ||||||
26 | law enforcement agencies for purposes of adjudicating a
|
| |||||||
| |||||||
1 | violation of this Section, for statistical purposes, or for | ||||||
2 | other governmental purposes. Any recorded image evidencing a
| ||||||
3 | violation of this Section, however, may be admissible in
any | ||||||
4 | proceeding resulting from the issuance of the citation.
| ||||||
5 | (h) The court or hearing officer may consider in defense | ||||||
6 | of a violation:
| ||||||
7 | (1) that the motor vehicle or registration plates or | ||||||
8 | digital registration plates of the motor
vehicle were | ||||||
9 | stolen before the violation occurred and not
under the | ||||||
10 | control of or in the possession of the owner or lessee at
| ||||||
11 | the time of the violation;
| ||||||
12 | (1.5) that the motor vehicle was hijacked before the | ||||||
13 | violation occurred and not under the control of or in the | ||||||
14 | possession of the owner or lessee at the time of the | ||||||
15 | violation; | ||||||
16 | (2) that the driver of the vehicle passed through the
| ||||||
17 | intersection when the light was red either (i) in order to
| ||||||
18 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
19 | part of a funeral procession; and
| ||||||
20 | (3) any other evidence or issues provided by municipal | ||||||
21 | or county ordinance.
| ||||||
22 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
23 | the motor vehicle or registration
plates or digital | ||||||
24 | registration plates were stolen before the violation occurred | ||||||
25 | and were not under the
control or possession of the owner or | ||||||
26 | lessee at the time of the violation, the
owner or lessee must |
| |||||||
| |||||||
1 | submit proof that a report concerning the stolen
motor vehicle | ||||||
2 | or registration plates was filed with a law enforcement agency | ||||||
3 | in a timely manner.
| ||||||
4 | (j) Unless the driver of the motor vehicle received a | ||||||
5 | Uniform
Traffic Citation from a police officer at the time of | ||||||
6 | the violation,
the motor vehicle owner is subject to a civil | ||||||
7 | penalty not exceeding
$100 or the completion of a traffic | ||||||
8 | education program, or both, plus an additional penalty of not | ||||||
9 | more than $100 for failure to pay the original penalty or to | ||||||
10 | complete a required traffic education program, or both, in a | ||||||
11 | timely manner, if the motor vehicle is recorded by an | ||||||
12 | automated traffic law
enforcement system. A violation for | ||||||
13 | which a civil penalty is imposed
under this Section is not a | ||||||
14 | violation of a traffic regulation governing
the movement of | ||||||
15 | vehicles and may not be recorded on the driving record
of the | ||||||
16 | owner of the vehicle.
| ||||||
17 | (j-3) A registered owner who is a holder of a valid | ||||||
18 | commercial driver's license is not required to complete a | ||||||
19 | traffic education program. | ||||||
20 | (j-5) For purposes of the required traffic education | ||||||
21 | program only, a registered owner may submit an affidavit to | ||||||
22 | the court or hearing officer swearing that at the time of the | ||||||
23 | alleged violation, the vehicle was in the custody and control | ||||||
24 | of another person. The affidavit must identify the person in | ||||||
25 | custody and control of the vehicle, including the person's | ||||||
26 | name and current address. The person in custody and control of |
| |||||||
| |||||||
1 | the vehicle at the time of the violation is required to | ||||||
2 | complete the required traffic education program. If the person | ||||||
3 | in custody and control of the vehicle at the time of the | ||||||
4 | violation completes the required traffic education program, | ||||||
5 | the registered owner of the vehicle is not required to | ||||||
6 | complete a traffic education program. | ||||||
7 | (k) An intersection equipped with an automated traffic law
| ||||||
8 | enforcement system must be posted with a sign visible to | ||||||
9 | approaching traffic
indicating that the intersection is being | ||||||
10 | monitored by an automated
traffic law enforcement system. | ||||||
11 | (k-3) A municipality or
county that has one or more | ||||||
12 | intersections equipped with an automated traffic law
| ||||||
13 | enforcement system must provide notice to drivers by posting | ||||||
14 | the locations of automated traffic law systems on the | ||||||
15 | municipality or county website.
| ||||||
16 | (k-5) An intersection equipped with an automated traffic | ||||||
17 | law
enforcement system must have a yellow change interval that | ||||||
18 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
19 | Devices (IMUTCD) published by the Illinois Department of | ||||||
20 | Transportation. | ||||||
21 | (k-7) A municipality or county operating an automated | ||||||
22 | traffic law enforcement system shall conduct a statistical | ||||||
23 | analysis to assess the safety impact of each automated traffic | ||||||
24 | law enforcement system at an intersection following | ||||||
25 | installation of the system. The statistical analysis shall be | ||||||
26 | based upon the best available crash, traffic, and other data, |
| |||||||
| |||||||
1 | and shall cover a period of time before and after installation | ||||||
2 | of the system sufficient to provide a statistically valid | ||||||
3 | comparison of safety impact. The statistical analysis shall be | ||||||
4 | consistent with professional judgment and acceptable industry | ||||||
5 | practice. The statistical analysis also shall be consistent | ||||||
6 | with the data required for valid comparisons of before and | ||||||
7 | after conditions and shall be conducted within a reasonable | ||||||
8 | period following the installation of the automated traffic law | ||||||
9 | enforcement system. The statistical analysis required by this | ||||||
10 | subsection (k-7) shall be made available to the public and | ||||||
11 | shall be published on the website of the municipality or | ||||||
12 | county. If the statistical analysis for the 36 month period | ||||||
13 | following installation of the system indicates that there has | ||||||
14 | been an increase in the rate of accidents at the approach to | ||||||
15 | the intersection monitored by the system, the municipality or | ||||||
16 | county shall undertake additional studies to determine the | ||||||
17 | cause and severity of the accidents, and may take any action | ||||||
18 | that it determines is necessary or appropriate to reduce the | ||||||
19 | number or severity of the accidents at that intersection. | ||||||
20 | (l) The compensation paid for an automated traffic law | ||||||
21 | enforcement system
must be based on the value of the equipment | ||||||
22 | or the services provided and may
not be based on the number of | ||||||
23 | traffic citations issued or the revenue generated
by the | ||||||
24 | system.
| ||||||
25 | (m) This Section applies only to the counties of Cook, | ||||||
26 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
| |||||||
| |||||||
1 | to municipalities located within those counties.
| ||||||
2 | (n) The fee for participating in a traffic education | ||||||
3 | program under this Section shall not exceed $25. | ||||||
4 | A low-income individual required to complete a traffic | ||||||
5 | education program under this Section who provides proof of | ||||||
6 | eligibility for the federal earned income tax credit under | ||||||
7 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
8 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
9 | Act shall not be required to pay any fee for participating in a | ||||||
10 | required traffic education program. | ||||||
11 | (o) (Blank). | ||||||
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 | ||||||
19 | address of the lessee. | ||||||
20 | Upon the provision of information by the lessor pursuant | ||||||
21 | to this subsection, the county or municipality may issue the | ||||||
22 | violation to the lessee of the vehicle in the same manner as it | ||||||
23 | would issue a violation to a registered owner of a vehicle | ||||||
24 | pursuant to this Section, and the lessee may be held liable for | ||||||
25 | the violation. | ||||||
26 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .) |
| |||||||
| |||||||
1 | (625 ILCS 5/11-208.7) | ||||||
2 | Sec. 11-208.7. Administrative fees and procedures for | ||||||
3 | impounding vehicles for specified violations. | ||||||
4 | (a) Any county or municipality may, consistent with this | ||||||
5 | Section, provide by ordinance procedures for the release of | ||||||
6 | properly impounded vehicles and for the imposition of a | ||||||
7 | reasonable administrative fee related to its administrative | ||||||
8 | and processing costs associated with the investigation, | ||||||
9 | arrest, and detention of an offender, or the removal, | ||||||
10 | impoundment, storage, and release of the vehicle. The | ||||||
11 | administrative fee imposed by the county or municipality may | ||||||
12 | be in addition to any fees
charged for the towing and storage | ||||||
13 | of an impounded vehicle. The administrative fee shall be | ||||||
14 | waived by the county or municipality upon verifiable proof | ||||||
15 | that the vehicle was stolen or hijacked at the time the vehicle | ||||||
16 | was impounded. | ||||||
17 | (b) An ordinance establishing procedures for the release | ||||||
18 | of properly impounded vehicles under this Section may impose | ||||||
19 | fees only for the following violations: | ||||||
20 | (1) operation or use of a motor vehicle in the | ||||||
21 | commission of, or in the attempt to commit, an offense for | ||||||
22 | which a motor vehicle may be seized and forfeited pursuant | ||||||
23 | to Section 36-1 of the Criminal Code of 2012; or | ||||||
24 | (2) driving under the influence of alcohol, another | ||||||
25 | drug or drugs, an intoxicating compound or compounds, or |
| |||||||
| |||||||
1 | any combination thereof, in violation of Section 11-501 of | ||||||
2 | this Code; or | ||||||
3 | (3) operation or use of a motor vehicle in the | ||||||
4 | commission of, or in the attempt to commit, a felony or in | ||||||
5 | violation of the Cannabis Control Act; or | ||||||
6 | (4) operation or use of a motor vehicle in the | ||||||
7 | commission of, or in the attempt to commit, an offense in | ||||||
8 | violation of the Illinois Controlled Substances Act; or | ||||||
9 | (5) operation or use of a motor vehicle in the | ||||||
10 | commission of, or in the attempt to commit, an offense in | ||||||
11 | violation of Section 24-1, 24-1.5, or 24-3.1 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012; or | ||||||
13 | (6) driving while a driver's license, permit, or | ||||||
14 | privilege to operate a motor vehicle is suspended or | ||||||
15 | revoked pursuant to Section 6-303 of this Code; except | ||||||
16 | that vehicles shall not be subjected to seizure or | ||||||
17 | impoundment if the suspension is for an unpaid citation | ||||||
18 | (parking or moving) or due to failure to comply with | ||||||
19 | emission testing; or | ||||||
20 | (7) operation or use of a motor vehicle while | ||||||
21 | soliciting, possessing, or attempting to solicit or | ||||||
22 | possess cannabis or a controlled substance, as defined by | ||||||
23 | the Cannabis Control Act or the Illinois Controlled | ||||||
24 | Substances Act; or | ||||||
25 | (8) operation or use of a motor vehicle with an | ||||||
26 | expired driver's license, in violation of Section 6-101 of |
| |||||||
| |||||||
1 | this Code, if the period of expiration is greater than one | ||||||
2 | year; or | ||||||
3 | (9) operation or use of a motor vehicle without ever | ||||||
4 | having been issued a driver's license or permit, in | ||||||
5 | violation of Section 6-101 of this Code, or operating a | ||||||
6 | motor vehicle without ever having been issued a driver's | ||||||
7 | license or permit due to a person's age; or | ||||||
8 | (10) operation or use of a motor vehicle by a person | ||||||
9 | against whom a warrant has been issued by a circuit clerk | ||||||
10 | in Illinois for failing to answer charges that the driver | ||||||
11 | violated Section 6-101, 6-303, or 11-501 of this Code; or | ||||||
12 | (11) operation or use of a motor vehicle in the | ||||||
13 | commission of, or in the attempt to commit, an offense in | ||||||
14 | violation of Article 16 or 16A of the Criminal Code of 1961 | ||||||
15 | or the Criminal Code of 2012; or | ||||||
16 | (12) operation or use of a motor vehicle in the | ||||||
17 | commission of, or in the attempt to commit, any other
| ||||||
18 | misdemeanor or felony offense in violation of the Criminal | ||||||
19 | Code of 1961 or the Criminal Code of 2012, when so provided | ||||||
20 | by
local ordinance; or | ||||||
21 | (13) operation or use of a motor vehicle in violation | ||||||
22 | of Section 11-503 of this Code: | ||||||
23 | (A) while the vehicle is part of a funeral | ||||||
24 | procession; or | ||||||
25 | (B) in a manner that interferes with a funeral | ||||||
26 | procession. |
| |||||||
| |||||||
1 | (c) The following shall apply to any fees imposed for | ||||||
2 | administrative and processing costs pursuant to subsection | ||||||
3 | (b): | ||||||
4 | (1) All administrative fees and towing and storage | ||||||
5 | charges shall be imposed on the registered owner of the | ||||||
6 | motor vehicle or the agents of that owner. | ||||||
7 | (1.5) No administrative fees shall be imposed on the | ||||||
8 | registered owner or the agents of that owner if the motor | ||||||
9 | vehicle was stolen or hijacked at the time the vehicle was | ||||||
10 | impounded. To demonstrate that the motor vehicle was | ||||||
11 | hijacked or stolen at the time the vehicle was impounded, | ||||||
12 | the owner or the agents of the owner must submit proof that | ||||||
13 | a report concerning the motor vehicle was filed with a law | ||||||
14 | enforcement agency in a timely manner. | ||||||
15 | (2) The fees shall be in addition to (i) any other | ||||||
16 | penalties that may be assessed by a court of law for the | ||||||
17 | underlying violations; and (ii) any towing or storage | ||||||
18 | fees, or both, charged by the towing company. | ||||||
19 | (3) The fees shall be uniform for all similarly | ||||||
20 | situated vehicles. | ||||||
21 | (4) The fees shall be collected by and paid to the | ||||||
22 | county or municipality imposing the fees. | ||||||
23 | (5) The towing or storage fees, or both, shall be | ||||||
24 | collected by and paid to the person, firm, or entity that | ||||||
25 | tows and stores the impounded vehicle. | ||||||
26 | (d) Any ordinance establishing procedures for the release |
| |||||||
| |||||||
1 | of properly impounded vehicles under this Section shall | ||||||
2 | provide for an opportunity for a hearing, as provided in | ||||||
3 | subdivision (b)(4) of Section 11-208.3 of this Code, and for | ||||||
4 | the release of the vehicle to the owner of record, lessee, or a | ||||||
5 | lienholder of record upon payment of all administrative fees | ||||||
6 | and towing and storage fees. | ||||||
7 | (e) Any ordinance establishing procedures for the | ||||||
8 | impoundment
and release of vehicles under this Section shall | ||||||
9 | include the following provisions concerning notice of | ||||||
10 | impoundment: | ||||||
11 | (1) Whenever
a police officer has cause to believe | ||||||
12 | that a motor vehicle is subject to impoundment, the | ||||||
13 | officer
shall provide for the towing of the vehicle to a | ||||||
14 | facility authorized by the county or municipality. | ||||||
15 | (2) At the
time the vehicle is towed, the county or | ||||||
16 | municipality shall notify or make a reasonable attempt to | ||||||
17 | notify the
owner, lessee, or person identifying himself or | ||||||
18 | herself as the owner or lessee of the vehicle, or any | ||||||
19 | person
who is found to be in control of the vehicle at the | ||||||
20 | time of the alleged offense, of the fact of the
seizure, | ||||||
21 | and of the vehicle owner's or lessee's right to an | ||||||
22 | administrative hearing. | ||||||
23 | (3) The county or municipality shall
also provide | ||||||
24 | notice that the motor vehicle will remain impounded | ||||||
25 | pending the completion of an
administrative hearing, | ||||||
26 | unless the owner or lessee of the vehicle or a lienholder |
| |||||||
| |||||||
1 | posts with the county or
municipality a bond equal to the | ||||||
2 | administrative fee as provided by ordinance and pays for | ||||||
3 | all
towing and storage charges. | ||||||
4 | (f) Any ordinance establishing procedures for the | ||||||
5 | impoundment and
release of vehicles under this Section shall | ||||||
6 | include a provision providing that the
registered owner or | ||||||
7 | lessee of the vehicle and any lienholder of record shall be | ||||||
8 | provided with a
notice of hearing. The notice shall: | ||||||
9 | (1) be served upon the owner, lessee, and any | ||||||
10 | lienholder of record either by personal service or by | ||||||
11 | first class mail to the interested party's address as | ||||||
12 | registered with the Secretary of State; | ||||||
13 | (2) be served upon interested parties within 10 days | ||||||
14 | after a vehicle is impounded by the municipality; and | ||||||
15 | (3) contain the date, time, and location of the | ||||||
16 | administrative hearing. An
initial hearing shall be | ||||||
17 | scheduled and convened no later than 45 days after the | ||||||
18 | date of
the mailing of the notice of hearing. | ||||||
19 | (g) In addition to the requirements contained in
| ||||||
20 | subdivision (b)(4) of Section 11-208.3 of this Code relating | ||||||
21 | to administrative hearings, any ordinance providing for the | ||||||
22 | impoundment
and release of vehicles under this Section shall | ||||||
23 | include the following requirements concerning administrative | ||||||
24 | hearings: | ||||||
25 | (1) administrative hearings shall be conducted by a | ||||||
26 | hearing officer who is an attorney licensed to practice |
| |||||||
| |||||||
1 | law in this State for a minimum of 3 years; | ||||||
2 | (1.5) the hearing officer shall consider as a defense | ||||||
3 | to the vehicle impoundment that the motor vehicle was | ||||||
4 | stolen or hijacked at the time the vehicle was impounded; | ||||||
5 | to demonstrate that the motor vehicle was hijacked or | ||||||
6 | stolen at the time the vehicle was impounded, the owner or | ||||||
7 | the agents of the owner or a lessee must submit proof that | ||||||
8 | a report concerning the motor vehicle was filed with a law | ||||||
9 | enforcement agency in a timely manner; | ||||||
10 | (2) at the conclusion of the administrative hearing, | ||||||
11 | the hearing officer shall issue
a written decision either | ||||||
12 | sustaining or overruling the vehicle impoundment; | ||||||
13 | (3) if the basis for the vehicle
impoundment is | ||||||
14 | sustained by the administrative hearing officer, any | ||||||
15 | administrative fee posted to
secure the release of the | ||||||
16 | vehicle shall be forfeited to the county or municipality; | ||||||
17 | (4) all final decisions of the administrative hearing | ||||||
18 | officer shall be subject to
review under the provisions of | ||||||
19 | the Administrative Review Law, unless the county or | ||||||
20 | municipality allows in the enabling ordinance for direct | ||||||
21 | appeal to the circuit court having jurisdiction over the | ||||||
22 | county or municipality; | ||||||
23 | (5) unless the administrative hearing
officer | ||||||
24 | overturns the basis for the vehicle impoundment, no | ||||||
25 | vehicle shall be released to the owner, lessee, or | ||||||
26 | lienholder of record until
all administrative fees and |
| |||||||
| |||||||
1 | towing and storage charges are paid; and | ||||||
2 | (6) if the administrative hearing officer finds that a | ||||||
3 | county or municipality that impounds a vehicle exceeded | ||||||
4 | its authority under this Code, the county or municipality | ||||||
5 | shall be liable to the registered owner or lessee of the | ||||||
6 | vehicle for the cost of storage fees and reasonable | ||||||
7 | attorney's fees ; and . | ||||||
8 | (7) notwithstanding any other provision of law to the | ||||||
9 | contrary, if the administrative hearing officer finds that | ||||||
10 | a county or municipality impounded a motor vehicle that | ||||||
11 | was stolen or hijacked at the time the vehicle was | ||||||
12 | impounded, the county or municipality shall refund any | ||||||
13 | administrative fees already paid by the registered owner | ||||||
14 | or lessee of the vehicle. | ||||||
15 | (h) Vehicles not retrieved from the towing facility or | ||||||
16 | storage facility
within 35 days after the administrative | ||||||
17 | hearing officer issues a written decision shall be deemed | ||||||
18 | abandoned and disposed of in accordance with the provisions of | ||||||
19 | Article II of Chapter
4 of this Code. | ||||||
20 | (i) Unless stayed by a court of competent jurisdiction, | ||||||
21 | any fine, penalty, or administrative fee imposed under this
| ||||||
22 | Section which remains unpaid in whole or in part after the | ||||||
23 | expiration of the deadline for seeking judicial
review under | ||||||
24 | the Administrative Review Law may be enforced in the same | ||||||
25 | manner as a judgment entered by a court of
competent | ||||||
26 | jurisdiction.
|
| |||||||
| |||||||
1 | (j) The fee limits in subsection (b), the exceptions in | ||||||
2 | paragraph (6) of subsection (b), and all of paragraph (6) of | ||||||
3 | subsection (g) of this Section shall not apply to a home rule | ||||||
4 | unit that tows a vehicle on a public way if a circumstance | ||||||
5 | requires the towing of the vehicle or if the vehicle is towed | ||||||
6 | due to a violation of a statute or local ordinance, and the | ||||||
7 | home rule unit: | ||||||
8 | (1) owns and operates a towing facility within its | ||||||
9 | boundaries for the storage of towed vehicles; and | ||||||
10 | (2) owns and operates tow trucks or enters into a | ||||||
11 | contract with a third party vendor to operate tow trucks. | ||||||
12 | (Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; | ||||||
13 | 98-756, eff. 7-16-14; 99-848, eff. 8-19-16.) | ||||||
14 | (625 ILCS 5/11-208.8) | ||||||
15 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
16 | safety zones. | ||||||
17 | (a) As used in this Section: | ||||||
18 | "Automated speed enforcement
system" means a photographic | ||||||
19 | device, radar device, laser device, or other electrical or | ||||||
20 | mechanical device or devices installed or utilized in a safety | ||||||
21 | zone and designed to record the speed of a vehicle and obtain a | ||||||
22 | clear photograph or other recorded image of the vehicle and | ||||||
23 | the vehicle's registration plate or digital registration plate | ||||||
24 | while the driver is violating Article VI of Chapter 11 of this | ||||||
25 | Code or a similar provision of a local ordinance. |
| |||||||
| |||||||
1 | An automated speed enforcement system is a system, located | ||||||
2 | in a safety zone which is under the jurisdiction of a | ||||||
3 | municipality, that produces a recorded image of a motor | ||||||
4 | vehicle's violation of a provision of this Code or a local | ||||||
5 | ordinance and is designed to obtain a clear recorded image of | ||||||
6 | the vehicle and the vehicle's license plate. The recorded | ||||||
7 | image must also display the time, date, and location of the | ||||||
8 | violation. | ||||||
9 | "Owner" means the person or entity to whom the vehicle is | ||||||
10 | registered. | ||||||
11 | "Recorded image" means images
recorded by an automated | ||||||
12 | speed enforcement system on: | ||||||
13 | (1) 2 or more photographs; | ||||||
14 | (2) 2 or more microphotographs; | ||||||
15 | (3) 2 or more electronic images; or | ||||||
16 | (4) a video recording showing the motor vehicle and, | ||||||
17 | on at
least one image or portion of the recording, clearly | ||||||
18 | identifying the
registration plate or digital registration | ||||||
19 | plate number of the motor vehicle. | ||||||
20 | "Safety zone" means an area that is within one-eighth of a | ||||||
21 | mile from the nearest property line of any public or private | ||||||
22 | elementary or secondary school, or from the nearest property | ||||||
23 | line of any facility, area, or land owned by a school district | ||||||
24 | that is used for educational purposes approved by the Illinois | ||||||
25 | State Board of Education, not including school district | ||||||
26 | headquarters or administrative buildings. A safety zone also |
| |||||||
| |||||||
1 | includes an area that is within one-eighth of a mile from the | ||||||
2 | nearest property line of any facility, area, or land owned by a | ||||||
3 | park district used for recreational purposes. However, if any | ||||||
4 | portion of a roadway is within either one-eighth mile radius, | ||||||
5 | the safety zone also shall include the roadway extended to the | ||||||
6 | furthest portion of the next furthest intersection. The term | ||||||
7 | "safety zone" does not include any portion of the roadway | ||||||
8 | known as Lake Shore Drive or any controlled access highway | ||||||
9 | with 8 or more lanes of traffic. | ||||||
10 | (a-5) The automated speed enforcement system shall be | ||||||
11 | operational and violations shall be recorded only at the | ||||||
12 | following times: | ||||||
13 | (i) if the safety zone is based upon the property line | ||||||
14 | of any facility, area, or land owned by a school district, | ||||||
15 | only on school days and no earlier than 6 a.m. and no later | ||||||
16 | than 8:30 p.m. if the school day is during the period of | ||||||
17 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
18 | Friday; and | ||||||
19 | (ii) if the safety zone is based upon the property | ||||||
20 | line of any facility, area, or land owned by a park | ||||||
21 | district, no earlier than one hour prior to the time that | ||||||
22 | the facility, area, or land is open to the public or other | ||||||
23 | patrons, and no later than one hour after the facility, | ||||||
24 | area, or land is closed to the public or other patrons. | ||||||
25 | (b) A municipality that
produces a recorded image of a | ||||||
26 | motor vehicle's
violation of a provision of this Code or a |
| |||||||
| |||||||
1 | local ordinance must make the recorded images of a violation | ||||||
2 | accessible to the alleged violator by providing the alleged | ||||||
3 | violator with a website address, accessible through the | ||||||
4 | Internet. | ||||||
5 | (c) Notwithstanding any penalties for any other violations | ||||||
6 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
7 | violation recorded by an automated speed enforcement system | ||||||
8 | shall be subject to the following penalties: | ||||||
9 | (1) if the recorded speed is no less than 6 miles per | ||||||
10 | hour and no more than 10 miles per hour over the legal | ||||||
11 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
12 | additional penalty of not more than $50 for failure to pay | ||||||
13 | the original penalty in a timely manner; or | ||||||
14 | (2) if the recorded speed is more than 10 miles per | ||||||
15 | hour over the legal speed limit, a civil penalty not | ||||||
16 | exceeding $100, plus an additional penalty of not more | ||||||
17 | than $100 for failure to pay the original penalty in a | ||||||
18 | timely manner. | ||||||
19 | A penalty may not be imposed under this Section if the | ||||||
20 | driver of the motor vehicle received a Uniform Traffic | ||||||
21 | Citation from a police officer for a speeding violation | ||||||
22 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
23 | violation that was recorded by the system. A violation for | ||||||
24 | which a civil penalty is imposed
under this Section is not a | ||||||
25 | violation of a traffic regulation governing
the movement of | ||||||
26 | vehicles and may not be recorded on the driving record
of the |
| |||||||
| |||||||
1 | owner of the vehicle. A law enforcement officer is not | ||||||
2 | required to be present or to witness the violation. No penalty | ||||||
3 | may be imposed under this Section if the recorded speed of a | ||||||
4 | vehicle is 5 miles per hour or less over the legal speed limit. | ||||||
5 | The municipality may send, in the same manner that notices are | ||||||
6 | sent under this Section, a speed violation warning notice | ||||||
7 | where the violation involves a speed of 5 miles per hour or | ||||||
8 | less above the legal speed limit. | ||||||
9 | (d) The net proceeds that a municipality receives from | ||||||
10 | civil penalties imposed under an automated speed enforcement | ||||||
11 | system, after deducting all non-personnel and personnel costs | ||||||
12 | associated with the operation and maintenance of such system, | ||||||
13 | shall be expended or obligated by the municipality for the | ||||||
14 | following purposes: | ||||||
15 | (i) public safety initiatives to ensure safe passage | ||||||
16 | around schools, and to provide police protection and | ||||||
17 | surveillance around schools and parks, including but not | ||||||
18 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
19 | costs such as construction and maintenance of public | ||||||
20 | safety infrastructure and equipment; | ||||||
21 | (ii) initiatives to improve pedestrian and traffic | ||||||
22 | safety; | ||||||
23 | (iii) construction and maintenance of infrastructure | ||||||
24 | within the municipality, including but not limited to | ||||||
25 | roads and bridges; and | ||||||
26 | (iv) after school programs. |
| |||||||
| |||||||
1 | (e) For each violation of a provision of this Code or a | ||||||
2 | local ordinance
recorded by an automated speed enforcement | ||||||
3 | system, the municipality having
jurisdiction shall issue a | ||||||
4 | written notice of the
violation to the registered owner of the | ||||||
5 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
6 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
7 | after the Secretary of State notifies the municipality of the | ||||||
8 | identity of the owner of the vehicle, but in no event later | ||||||
9 | than 90 days after the violation. | ||||||
10 | (f) The notice required under subsection (e) of this | ||||||
11 | Section shall include: | ||||||
12 | (1) the name and address of the registered owner of | ||||||
13 | the
vehicle; | ||||||
14 | (2) the registration number of the motor vehicle
| ||||||
15 | involved in the violation; | ||||||
16 | (3) the violation charged; | ||||||
17 | (4) the date, time, and location where the violation | ||||||
18 | occurred; | ||||||
19 | (5) a copy of the recorded image or images; | ||||||
20 | (6) the amount of the civil penalty imposed and the | ||||||
21 | date
by which the civil penalty should be paid; | ||||||
22 | (7) a statement that recorded images are evidence of a
| ||||||
23 | violation of a speed restriction; | ||||||
24 | (8) a warning that failure to pay the civil penalty or | ||||||
25 | to
contest liability in a timely manner is an admission of
| ||||||
26 | liability; |
| |||||||
| |||||||
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 | ||||||
5 | by 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) (Blank). | ||||||
10 | (h) Based on inspection of recorded images produced by an
| ||||||
11 | automated speed enforcement system, a notice alleging that the | ||||||
12 | violation occurred shall be evidence of the facts contained
in | ||||||
13 | the notice and admissible in any proceeding alleging a
| ||||||
14 | violation under this Section. | ||||||
15 | (i) Recorded images made by an automated speed
enforcement | ||||||
16 | system are confidential and shall be made
available only to | ||||||
17 | the alleged violator and governmental and
law enforcement | ||||||
18 | agencies for purposes of adjudicating a
violation of this | ||||||
19 | Section, for statistical purposes, or for other governmental | ||||||
20 | purposes. Any recorded image evidencing a
violation of this | ||||||
21 | Section, however, may be admissible in
any proceeding | ||||||
22 | resulting from the issuance of the citation. | ||||||
23 | (j) The court or hearing officer may consider in defense | ||||||
24 | of a violation: | ||||||
25 | (1) that the motor vehicle or registration plates or | ||||||
26 | digital registration plates of the motor
vehicle were |
| |||||||
| |||||||
1 | stolen before the violation occurred and not
under the | ||||||
2 | control or in the possession of the owner or lessee at
the | ||||||
3 | time of the violation; | ||||||
4 | (1.5) that the motor vehicle was hijacked before the | ||||||
5 | violation occurred and not under the control of or in the | ||||||
6 | possession of the owner or lessee at the time of the | ||||||
7 | violation; | ||||||
8 | (2) that the driver of the motor vehicle received a | ||||||
9 | Uniform Traffic Citation from a police officer for a | ||||||
10 | speeding violation occurring within one-eighth of a mile | ||||||
11 | and 15 minutes of the violation that was recorded by the | ||||||
12 | system; and | ||||||
13 | (3) any other evidence or issues provided by municipal | ||||||
14 | ordinance. | ||||||
15 | (k) To demonstrate that the motor vehicle was hijacked or | ||||||
16 | the motor vehicle or registration
plates or digital | ||||||
17 | registration plates were stolen before the violation occurred | ||||||
18 | and were not under the
control or possession of the owner or | ||||||
19 | lessee at the time of the violation, the
owner or lessee must | ||||||
20 | submit proof that a report concerning the stolen
motor vehicle | ||||||
21 | or registration plates was filed with a law enforcement agency | ||||||
22 | in a timely manner. | ||||||
23 | (l) A roadway equipped with an automated speed enforcement | ||||||
24 | system shall be posted with a sign conforming to the national | ||||||
25 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
26 | approaching traffic stating that vehicle speeds are being |
| |||||||
| |||||||
1 | photo-enforced and indicating the speed limit. The | ||||||
2 | municipality shall install such additional signage as it | ||||||
3 | determines is necessary to give reasonable notice to drivers | ||||||
4 | as to where automated speed enforcement systems are installed. | ||||||
5 | (m) A roadway where a new automated speed enforcement | ||||||
6 | system is installed shall be posted with signs providing 30 | ||||||
7 | days notice of the use of a new automated speed enforcement | ||||||
8 | system prior to the issuance of any citations through the | ||||||
9 | automated speed enforcement system. | ||||||
10 | (n) The compensation paid for an automated speed | ||||||
11 | enforcement system
must be based on the value of the equipment | ||||||
12 | or the services provided and may
not be based on the number of | ||||||
13 | traffic citations issued or the revenue generated
by the | ||||||
14 | system. | ||||||
15 | (o) (Blank). | ||||||
16 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
17 | to a written lease agreement shall be liable for an automated | ||||||
18 | speed or traffic law enforcement system violation involving | ||||||
19 | such motor vehicle during the period of the lease; provided | ||||||
20 | that upon the request of the appropriate authority received | ||||||
21 | within 120 days after the violation occurred, the lessor | ||||||
22 | provides within 60 days after such receipt the name and | ||||||
23 | address of the lessee. The drivers license number of a lessee | ||||||
24 | may be subsequently individually requested by the appropriate | ||||||
25 | authority if needed for enforcement of this Section. | ||||||
26 | Upon the provision of information by the lessor pursuant |
| |||||||
| |||||||
1 | to this subsection, the municipality may issue the violation | ||||||
2 | to the lessee of the vehicle in the same manner as it would | ||||||
3 | issue a violation to a registered owner of a vehicle pursuant | ||||||
4 | to this Section, and the lessee may be held liable for the | ||||||
5 | violation. | ||||||
6 | (q) A municipality using an automated speed enforcement | ||||||
7 | system must provide notice to drivers by publishing the | ||||||
8 | locations of all safety zones where system equipment is | ||||||
9 | installed on the website of the municipality. | ||||||
10 | (r) A municipality operating an automated speed | ||||||
11 | enforcement system shall conduct a statistical analysis to | ||||||
12 | assess the safety impact of the system. The statistical | ||||||
13 | analysis shall be based upon the best available crash, | ||||||
14 | traffic, and other data, and shall cover a period of time | ||||||
15 | before and after installation of the system sufficient to | ||||||
16 | provide a statistically valid comparison of safety impact. The | ||||||
17 | statistical analysis shall be consistent with professional | ||||||
18 | judgment and acceptable industry practice. The statistical | ||||||
19 | analysis also shall be consistent with the data required for | ||||||
20 | valid comparisons of before and after conditions and shall be | ||||||
21 | conducted within a reasonable period following the | ||||||
22 | installation of the automated traffic law enforcement system. | ||||||
23 | The statistical analysis required by this subsection shall be | ||||||
24 | made available to the public and shall be published on the | ||||||
25 | website of the municipality. | ||||||
26 | (s) This Section applies only to municipalities with a |
| |||||||
| |||||||
1 | population of 1,000,000 or more inhabitants.
| ||||||
2 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .) | ||||||
3 | (625 ILCS 5/11-208.9) | ||||||
4 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
5 | approaching, overtaking, and passing a school bus. | ||||||
6 | (a) As used in this Section, "automated traffic law | ||||||
7 | enforcement
system" means a device with one or more motor | ||||||
8 | vehicle sensors working
in conjunction with the visual signals | ||||||
9 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
10 | this Code, to produce recorded images of
motor vehicles that | ||||||
11 | fail to stop before meeting or overtaking, from either | ||||||
12 | direction, any school bus stopped at any location for the | ||||||
13 | purpose of receiving or discharging pupils in violation of | ||||||
14 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
15 | ordinance. | ||||||
16 | An
automated traffic law enforcement system is a system, | ||||||
17 | in a municipality or
county operated by a
governmental agency, | ||||||
18 | that
produces a recorded image of a motor vehicle's
violation | ||||||
19 | of a provision of this Code or a local ordinance
and is | ||||||
20 | designed to obtain a clear recorded image of the
vehicle and | ||||||
21 | the vehicle's license plate. The recorded image must also
| ||||||
22 | display the time, date, and location of the violation. | ||||||
23 | (b) As used in this Section, "recorded images" means | ||||||
24 | images
recorded by an automated traffic law enforcement system | ||||||
25 | on: |
| |||||||
| |||||||
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, | ||||||
5 | on at
least one image or portion of the recording, clearly | ||||||
6 | identifying the
registration plate or digital registration | ||||||
7 | plate number of the motor vehicle. | ||||||
8 | (c) A municipality or
county that
produces a recorded | ||||||
9 | image of a motor vehicle's
violation of a provision of this | ||||||
10 | Code or a local ordinance must make the recorded images of a | ||||||
11 | violation accessible to the alleged violator by providing the | ||||||
12 | alleged violator with a website address, accessible through | ||||||
13 | the Internet. | ||||||
14 | (d) For each violation of a provision of this Code or a | ||||||
15 | local ordinance
recorded by an automated
traffic law | ||||||
16 | enforcement system, the county or municipality having
| ||||||
17 | jurisdiction shall issue a written notice of the
violation to | ||||||
18 | the registered owner of the vehicle as the alleged
violator. | ||||||
19 | The notice shall be delivered to the registered
owner of the | ||||||
20 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
21 | notifies the municipality or county of the identity of the | ||||||
22 | owner of the vehicle, but in no event later than 90 days after | ||||||
23 | the violation. | ||||||
24 | (e) The notice required under subsection (d) shall | ||||||
25 | include: | ||||||
26 | (1) the name and address of the registered owner of |
| |||||||
| |||||||
1 | the
vehicle; | ||||||
2 | (2) the registration number of the motor vehicle
| ||||||
3 | involved in the violation; | ||||||
4 | (3) the violation charged; | ||||||
5 | (4) the location where the violation occurred; | ||||||
6 | (5) the date and time of the violation; | ||||||
7 | (6) a copy of the recorded images; | ||||||
8 | (7) the amount of the civil penalty imposed and the | ||||||
9 | date
by which the civil penalty should be paid; | ||||||
10 | (8) a statement that recorded images are evidence of a
| ||||||
11 | violation of overtaking or passing a school bus stopped | ||||||
12 | for the purpose of receiving or discharging pupils; | ||||||
13 | (9) a warning that failure to pay the civil penalty or | ||||||
14 | to
contest liability in a timely manner is an admission of
| ||||||
15 | liability; | ||||||
16 | (10) a statement that the person may elect to proceed | ||||||
17 | by: | ||||||
18 | (A) paying the fine; or | ||||||
19 | (B) challenging the charge in court, by mail, or | ||||||
20 | by administrative hearing; and | ||||||
21 | (11) a website address, accessible through the | ||||||
22 | Internet, where the person may view the recorded images of | ||||||
23 | the violation. | ||||||
24 | (f) (Blank). | ||||||
25 | (g) Based on inspection of recorded images produced by an
| ||||||
26 | automated traffic law enforcement system, a notice alleging |
| |||||||
| |||||||
1 | that the violation occurred shall be evidence of the facts | ||||||
2 | contained
in the notice and admissible in any proceeding | ||||||
3 | alleging a
violation under this Section. | ||||||
4 | (h) Recorded images made by an automated traffic law
| ||||||
5 | enforcement system are confidential and shall be made
| ||||||
6 | available only to the alleged violator and governmental and
| ||||||
7 | law enforcement agencies for purposes of adjudicating a
| ||||||
8 | violation of this Section, for statistical purposes, or for | ||||||
9 | other governmental purposes. Any recorded image evidencing a
| ||||||
10 | violation of this Section, however, may be admissible in
any | ||||||
11 | proceeding resulting from the issuance of the citation. | ||||||
12 | (i) The court or hearing officer may consider in defense | ||||||
13 | of a violation: | ||||||
14 | (1) that the motor vehicle or registration plates or | ||||||
15 | digital registration plates of the motor
vehicle were | ||||||
16 | stolen before the violation occurred and not
under the | ||||||
17 | control of or in the possession of the owner or lessee at
| ||||||
18 | the time of the violation; | ||||||
19 | (1.5) that the motor vehicle was hijacked before the | ||||||
20 | violation occurred and not under the control of or in the | ||||||
21 | possession of the owner or lessee at the time of the | ||||||
22 | violation; | ||||||
23 | (2) that the driver of the motor vehicle received a | ||||||
24 | Uniform Traffic Citation from a police officer for a | ||||||
25 | violation of Section 11-1414 of this Code within | ||||||
26 | one-eighth of a mile and 15 minutes of the violation that |
| |||||||
| |||||||
1 | was recorded by the system; | ||||||
2 | (3) that the visual signals required by Sections | ||||||
3 | 12-803 and 12-805 of this Code were damaged, not | ||||||
4 | activated, not present in violation of Sections 12-803 and | ||||||
5 | 12-805, or inoperable; and | ||||||
6 | (4) any other evidence or issues provided by municipal | ||||||
7 | or county ordinance. | ||||||
8 | (j) To demonstrate that the motor vehicle was hijacked or | ||||||
9 | the motor vehicle or registration
plates or digital | ||||||
10 | registration plates were stolen before the violation occurred | ||||||
11 | and were not under the
control or possession of the owner or | ||||||
12 | lessee at the time of the violation, the
owner or lessee must | ||||||
13 | submit proof that a report concerning the stolen
motor vehicle | ||||||
14 | or registration plates was filed with a law enforcement agency | ||||||
15 | in a timely manner. | ||||||
16 | (k) Unless the driver of the motor vehicle received a | ||||||
17 | Uniform
Traffic Citation from a police officer at the time of | ||||||
18 | the violation,
the motor vehicle owner is subject to a civil | ||||||
19 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
20 | for a second or subsequent violation, plus an additional | ||||||
21 | penalty of not more than $100 for failure to pay the original | ||||||
22 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
23 | an automated traffic law
enforcement system. A violation for | ||||||
24 | which a civil penalty is imposed
under this Section is not a | ||||||
25 | violation of a traffic regulation governing
the movement of | ||||||
26 | vehicles and may not be recorded on the driving record
of the |
| |||||||
| |||||||
1 | owner of the vehicle, but may be recorded by the municipality | ||||||
2 | or county for the purpose of determining if a person is subject | ||||||
3 | to the higher fine for a second or subsequent offense. | ||||||
4 | (l) A school bus equipped with an automated traffic law
| ||||||
5 | enforcement system must be posted with a sign indicating that | ||||||
6 | the school bus is being monitored by an automated
traffic law | ||||||
7 | enforcement system. | ||||||
8 | (m) A municipality or
county that has one or more school | ||||||
9 | buses equipped with an automated traffic law
enforcement | ||||||
10 | system must provide notice to drivers by posting a list of | ||||||
11 | school districts using school buses equipped with an automated | ||||||
12 | traffic law enforcement system on the municipality or county | ||||||
13 | website. School districts that have one or more school buses | ||||||
14 | equipped with an automated traffic law enforcement system must | ||||||
15 | provide notice to drivers by posting that information on their | ||||||
16 | websites. | ||||||
17 | (n) A municipality or county operating an automated | ||||||
18 | traffic law enforcement system shall conduct a statistical | ||||||
19 | analysis to assess the safety impact in each school district | ||||||
20 | using school buses equipped with an automated traffic law | ||||||
21 | enforcement system following installation of the system. The | ||||||
22 | statistical analysis shall be based upon the best available | ||||||
23 | crash, traffic, and other data, and shall cover a period of | ||||||
24 | time before and after installation of the system sufficient to | ||||||
25 | provide a statistically valid comparison of safety impact. The | ||||||
26 | statistical analysis shall be consistent with professional |
| |||||||
| |||||||
1 | judgment and acceptable industry practice. The statistical | ||||||
2 | analysis also shall be consistent with the data required for | ||||||
3 | valid comparisons of before and after conditions and shall be | ||||||
4 | conducted within a reasonable period following the | ||||||
5 | installation of the automated traffic law enforcement system. | ||||||
6 | The statistical analysis required by this subsection shall be | ||||||
7 | made available to the public and shall be published on the | ||||||
8 | website of the municipality or county. If the statistical | ||||||
9 | analysis for the 36-month period following installation of the | ||||||
10 | system indicates that there has been an increase in the rate of | ||||||
11 | accidents at the approach to school buses monitored by the | ||||||
12 | system, the municipality or county shall undertake additional | ||||||
13 | studies to determine the cause and severity of the accidents, | ||||||
14 | and may take any action that it determines is necessary or | ||||||
15 | appropriate to reduce the number or severity of the accidents | ||||||
16 | involving school buses equipped with an automated traffic law | ||||||
17 | enforcement system. | ||||||
18 | (o) The compensation paid for an automated traffic law | ||||||
19 | enforcement system
must be based on the value of the equipment | ||||||
20 | or the services provided and may
not be based on the number of | ||||||
21 | traffic citations issued or the revenue generated
by the | ||||||
22 | system. | ||||||
23 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
24 | to a written lease agreement shall be liable for an automated | ||||||
25 | speed or traffic law enforcement system violation involving | ||||||
26 | such motor vehicle during the period of the lease; provided |
| |||||||
| |||||||
1 | that upon the request of the appropriate authority received | ||||||
2 | within 120 days after the violation occurred, the lessor | ||||||
3 | provides within 60 days after such receipt the name and | ||||||
4 | address of the lessee. | ||||||
5 | Upon the provision of information by the lessor pursuant | ||||||
6 | to this subsection, the county or municipality may issue the | ||||||
7 | violation to the lessee of the vehicle in the same manner as it | ||||||
8 | would issue a violation to a registered owner of a vehicle | ||||||
9 | pursuant to this Section, and the lessee may be held liable for | ||||||
10 | the violation. | ||||||
11 | (q) (Blank). | ||||||
12 | (r) After a municipality or county enacts an ordinance | ||||||
13 | providing for automated traffic law enforcement systems under | ||||||
14 | this Section, each school district within that municipality or | ||||||
15 | county's jurisdiction may implement an automated traffic law | ||||||
16 | enforcement system under this Section. The elected school | ||||||
17 | board for that district must approve the implementation of an | ||||||
18 | automated traffic law enforcement system. The school district | ||||||
19 | shall be responsible for entering into a contract, approved by | ||||||
20 | the elected school board of that district, with vendors for | ||||||
21 | the installation, maintenance, and operation of the automated | ||||||
22 | traffic law enforcement system. The school district must enter | ||||||
23 | into an intergovernmental agreement, approved by the elected | ||||||
24 | school board of that district, with the municipality or county | ||||||
25 | with jurisdiction over that school district for the | ||||||
26 | administration of the automated traffic law enforcement |
| |||||||
| |||||||
1 | system. The proceeds from a school district's automated | ||||||
2 | traffic law enforcement system's fines shall be divided | ||||||
3 | equally between the school district and the municipality or | ||||||
4 | county administering the automated traffic law enforcement | ||||||
5 | system.
| ||||||
6 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
| ||||||
7 | (625 ILCS 5/11-1201.1)
| ||||||
8 | Sec. 11-1201.1. Automated railroad crossing enforcement | ||||||
9 | system.
| ||||||
10 | (a) For the purposes of this Section, an automated | ||||||
11 | railroad grade crossing
enforcement system is a system in a | ||||||
12 | municipality or county operated by a governmental agency that | ||||||
13 | produces a recorded image of a motor vehicle's violation of a | ||||||
14 | provision of this Code or local ordinance and is designed to | ||||||
15 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
16 | license plate. The recorded image must also display the time, | ||||||
17 | date, and location of the violation. | ||||||
18 | As used in this Section, "recorded images" means images | ||||||
19 | recorded by an automated railroad grade crossing enforcement | ||||||
20 | system on: | ||||||
21 | (1) 2 or more photographs; | ||||||
22 | (2) 2 or more microphotographs; | ||||||
23 | (3) 2 or more electronic images; or | ||||||
24 | (4) a video recording showing the motor vehicle and, | ||||||
25 | on at least one image or portion of the recording, clearly |
| |||||||
| |||||||
1 | identifying the registration plate or digital registration | ||||||
2 | plate number of the motor vehicle.
| ||||||
3 | (b) The Illinois
Commerce Commission may, in cooperation | ||||||
4 | with a
local law enforcement agency, establish in any county | ||||||
5 | or municipality an automated
railroad grade crossing | ||||||
6 | enforcement system at any railroad grade crossing equipped | ||||||
7 | with a crossing gate designated by local authorities. Local | ||||||
8 | authorities desiring the establishment of an automated | ||||||
9 | railroad crossing enforcement system must initiate the process | ||||||
10 | by enacting a local ordinance requesting the creation of such | ||||||
11 | a system. After the ordinance has been enacted, and before any | ||||||
12 | additional steps toward the establishment of the system are | ||||||
13 | undertaken, the local authorities and the Commission must | ||||||
14 | agree to a plan for obtaining, from any combination of | ||||||
15 | federal, State, and local funding sources, the moneys required | ||||||
16 | for the purchase and installation of any necessary equipment.
| ||||||
17 | (b-1) (Blank ) . )
| ||||||
18 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
19 | local ordinance recorded by an automated railroad grade | ||||||
20 | crossing enforcement system, the county or municipality having | ||||||
21 | jurisdiction shall issue a written notice of the violation to | ||||||
22 | the registered owner of the vehicle as the alleged violator. | ||||||
23 | The notice shall be delivered to the registered owner of the | ||||||
24 | vehicle, by mail, no later than 90 days after the violation. | ||||||
25 | The notice shall include: | ||||||
26 | (1) the name and address of the registered owner of |
| |||||||
| |||||||
1 | the vehicle; | ||||||
2 | (2) the registration number of the motor vehicle | ||||||
3 | involved in the violation; | ||||||
4 | (3) the violation charged; | ||||||
5 | (4) the location where the violation occurred; | ||||||
6 | (5) the date and time of the violation; | ||||||
7 | (6) a copy of the recorded images; | ||||||
8 | (7) the amount of the civil penalty imposed and the | ||||||
9 | date by which the civil penalty should be paid; | ||||||
10 | (8) a statement that recorded images are evidence of a | ||||||
11 | violation of a railroad grade crossing; | ||||||
12 | (9) a warning that failure to pay the civil penalty or | ||||||
13 | to contest liability in a timely manner is an admission of | ||||||
14 | liability; and | ||||||
15 | (10) a statement that the person may elect to proceed | ||||||
16 | by: | ||||||
17 | (A) paying the fine; or | ||||||
18 | (B) challenging the charge in court, by mail, or | ||||||
19 | by administrative hearing.
| ||||||
20 | (d) (Blank).
| ||||||
21 | (d-1) (Blank ) . )
| ||||||
22 | (d-2) (Blank ) . )
| ||||||
23 | (e) Based on inspection of recorded images produced by an | ||||||
24 | automated railroad grade crossing enforcement system, a notice | ||||||
25 | alleging that the violation occurred shall be evidence of the | ||||||
26 | facts contained in the notice and admissible in any proceeding |
| |||||||
| |||||||
1 | alleging a violation under this Section.
| ||||||
2 | (e-1) Recorded images made by an automated railroad grade | ||||||
3 | crossing enforcement system are confidential and shall be made | ||||||
4 | available only to the alleged violator and governmental and | ||||||
5 | law enforcement agencies for purposes of adjudicating a | ||||||
6 | violation of this Section, for statistical purposes, or for | ||||||
7 | other governmental purposes. Any recorded image evidencing a | ||||||
8 | violation of this Section, however, may be admissible in any | ||||||
9 | proceeding resulting from the issuance of the citation.
| ||||||
10 | (e-2) The court or hearing officer may consider the | ||||||
11 | following in the defense of a violation:
| ||||||
12 | (1) that the motor vehicle or registration plates or | ||||||
13 | digital registration plates of the motor vehicle were | ||||||
14 | stolen before the violation occurred and not under the | ||||||
15 | control of or in the possession of the owner or lessee at | ||||||
16 | the time of the violation;
| ||||||
17 | (1.5) that the motor vehicle was hijacked before the | ||||||
18 | violation occurred and not under the control of or in the | ||||||
19 | possession of the owner or lessee at the time of the | ||||||
20 | violation; | ||||||
21 | (2) that the driver of the motor vehicle received a | ||||||
22 | Uniform Traffic Citation from a police officer at the time | ||||||
23 | of the violation for the same offense; | ||||||
24 | (3) any other evidence or issues provided by municipal | ||||||
25 | or county ordinance. | ||||||
26 | (e-3) To demonstrate that the motor vehicle was hijacked |
| |||||||
| |||||||
1 | or the motor vehicle or registration plates or digital | ||||||
2 | registration plates were stolen before the violation occurred | ||||||
3 | and were not under the control or possession of the owner or | ||||||
4 | lessee at the time of the violation, the owner or lessee must | ||||||
5 | submit proof that a report concerning the stolen motor vehicle | ||||||
6 | or registration plates was filed with a law enforcement agency | ||||||
7 | in a timely manner.
| ||||||
8 | (f) Rail crossings equipped with an automatic railroad | ||||||
9 | grade crossing
enforcement system shall be posted with a sign | ||||||
10 | visible to approaching traffic
stating that the railroad grade | ||||||
11 | crossing is being monitored, that citations
will be issued, | ||||||
12 | and the amount of the fine for violation.
| ||||||
13 | (g) The compensation paid for an automated railroad grade | ||||||
14 | crossing enforcement system must be based on the value of the | ||||||
15 | equipment or the services provided and may not be based on the | ||||||
16 | number of citations issued or the revenue generated by the | ||||||
17 | system.
| ||||||
18 | (h) (Blank ) . )
| ||||||
19 | (i) If any part or parts of this Section are held by a | ||||||
20 | court of competent
jurisdiction to be unconstitutional, the | ||||||
21 | unconstitutionality shall not affect
the validity of the | ||||||
22 | remaining parts of this Section. The General Assembly
hereby | ||||||
23 | declares that it would have passed the remaining parts of this | ||||||
24 | Section
if it had known that the other part or parts of this | ||||||
25 | Section would be declared
unconstitutional.
| ||||||
26 | (j) Penalty. A civil fine of
$250 shall be imposed for a |
| |||||||
| |||||||
1 | first violation of this Section, and a civil fine of $500 shall | ||||||
2 | be
imposed for a second or subsequent violation of this | ||||||
3 | Section.
| ||||||
4 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 ; | ||||||
5 | revised 11-24-21.)
| ||||||
6 | Section 10. The Crime Victims Compensation Act is amended | ||||||
7 | by changing Sections 2, 7.1, and 10.1 as follows:
| ||||||
8 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
9 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
10 | context
otherwise requires:
| ||||||
11 | (a) "Applicant" means any person who applies for | ||||||
12 | compensation under this
Act or any person the Court of Claims | ||||||
13 | or the Attorney General finds is entitled to compensation,
| ||||||
14 | including the guardian of a minor or of a person under legal | ||||||
15 | disability. It
includes any person who was a dependent of a | ||||||
16 | deceased victim of a crime of
violence for his or her support | ||||||
17 | at the time of the death of that victim.
| ||||||
18 | The changes made to this subsection by this amendatory Act | ||||||
19 | of the 101st General Assembly apply to actions commenced or | ||||||
20 | pending on or after January 1, 2022. | ||||||
21 | (b) "Court of Claims" means the Court of Claims created by | ||||||
22 | the Court
of Claims Act.
| ||||||
23 | (c) "Crime of violence" means and includes any offense | ||||||
24 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
| |||||||
| |||||||
1 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
2 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
3 | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | ||||||
4 | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | ||||||
5 | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | ||||||
6 | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
7 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
8 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
9 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
10 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
11 | Act, driving under
the influence as defined in Section
11-501 | ||||||
12 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
13 | the Illinois Vehicle Code, provided the victim was a | ||||||
14 | pedestrian or was operating a vehicle moved solely by human | ||||||
15 | power or a mobility device at the time of contact, and a | ||||||
16 | violation of Section 11-204.1 of the Illinois Vehicle Code; so | ||||||
17 | long as the offense did not occur
during a civil riot, | ||||||
18 | insurrection or rebellion. "Crime of violence" does not
| ||||||
19 | include any other offense or accident involving a motor | ||||||
20 | vehicle except those
vehicle offenses specifically provided | ||||||
21 | for in this paragraph. "Crime of
violence" does include all of | ||||||
22 | the offenses specifically provided for in this
paragraph that | ||||||
23 | occur within this State but are subject to federal | ||||||
24 | jurisdiction
and crimes involving terrorism as defined in 18 | ||||||
25 | U.S.C. 2331.
| ||||||
26 | (d) "Victim" means (1) a person killed or injured in this |
| |||||||
| |||||||
1 | State as a
result of a crime of violence perpetrated or | ||||||
2 | attempted against him or her,
(2) the
spouse, parent, or child | ||||||
3 | of a person killed or injured in this State as a result of a | ||||||
4 | crime of
violence perpetrated or attempted against the person, | ||||||
5 | or anyone living in the household of a person killed or injured | ||||||
6 | in a relationship that is substantially similar to that of a | ||||||
7 | parent, spouse, or child, (3) a person killed
or injured in | ||||||
8 | this State while attempting to assist a person against whom a
| ||||||
9 | crime of violence is being perpetrated or attempted, if that | ||||||
10 | attempt of
assistance would be expected of a reasonable person | ||||||
11 | under the circumstances,
(4) a person killed or injured in | ||||||
12 | this State while assisting a law
enforcement official | ||||||
13 | apprehend a person who has perpetrated a crime of
violence or | ||||||
14 | prevent the perpetration of any such crime if that
assistance | ||||||
15 | was in response to the express request of the law enforcement
| ||||||
16 | official, (5) a person who personally
witnessed a violent | ||||||
17 | crime, (5.05) a person who will be called as a witness by the | ||||||
18 | prosecution to establish a necessary nexus between the | ||||||
19 | offender and the violent crime, (5.1) solely
for the purpose | ||||||
20 | of compensating for pecuniary loss incurred for
psychological | ||||||
21 | treatment of a mental or emotional condition caused or | ||||||
22 | aggravated
by the crime, any other person under the age of 18 | ||||||
23 | who is the brother, sister,
half brother, or half sister
of a | ||||||
24 | person killed or injured in
this State as a
result of a crime | ||||||
25 | of violence, (6) an Illinois resident
who is a victim of a | ||||||
26 | "crime of violence" as defined in this Act except, if
the crime |
| |||||||
| |||||||
1 | occurred outside this State, the resident has the same rights
| ||||||
2 | under this Act as if the crime had occurred in this State upon | ||||||
3 | a showing
that the state, territory, country, or political | ||||||
4 | subdivision of a country
in which the crime occurred does not | ||||||
5 | have a compensation of victims of
crimes law for which that | ||||||
6 | Illinois resident is eligible, (7) a deceased person whose | ||||||
7 | body is dismembered or whose remains are desecrated as the | ||||||
8 | result of a crime of violence, or (8) solely for the purpose of | ||||||
9 | compensating for pecuniary loss incurred for psychological | ||||||
10 | treatment of a mental or emotional condition caused or | ||||||
11 | aggravated by the crime, any parent, spouse, or child under | ||||||
12 | the age of 18 of a deceased person whose body is dismembered or | ||||||
13 | whose remains are desecrated as the result of a crime of | ||||||
14 | violence.
| ||||||
15 | (e) "Dependent" means a relative of a deceased victim who | ||||||
16 | was wholly or
partially dependent upon the victim's income at | ||||||
17 | the time of his or her
death
and shall include the child of a | ||||||
18 | victim born after his or her death.
| ||||||
19 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
20 | stepfather, stepmother,
child, grandchild, brother, | ||||||
21 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
22 | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | ||||||
23 | living in the household of a person killed or injured in a | ||||||
24 | relationship that is substantially similar to that of a | ||||||
25 | parent, spouse, or child.
| ||||||
26 | (g) "Child" means a son or daughter and includes a |
| |||||||
| |||||||
1 | stepchild, an adopted child or a child born out of wedlock.
| ||||||
2 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
3 | appropriate medical
expenses and hospital expenses including | ||||||
4 | expenses of medical
examinations, rehabilitation, medically | ||||||
5 | required
nursing care expenses, appropriate
psychiatric care | ||||||
6 | or psychiatric counseling expenses, appropriate expenses for | ||||||
7 | care or
counseling by a licensed clinical psychologist, | ||||||
8 | licensed clinical social
worker, licensed professional | ||||||
9 | counselor, or licensed clinical professional counselor and | ||||||
10 | expenses for treatment by Christian Science practitioners and
| ||||||
11 | nursing care appropriate thereto; transportation expenses to | ||||||
12 | and from medical and counseling treatment facilities; | ||||||
13 | prosthetic appliances, eyeglasses, and
hearing aids necessary | ||||||
14 | or damaged as a result of the
crime; expenses incurred for the | ||||||
15 | towing and storage of a victim's vehicle in connection with a | ||||||
16 | crime of violence, to a maximum of $1,000; costs associated | ||||||
17 | with trafficking tattoo removal by a person authorized or | ||||||
18 | licensed to perform the specific removal procedure; | ||||||
19 | replacement costs for clothing and bedding used as evidence; | ||||||
20 | costs
associated with temporary lodging or relocation | ||||||
21 | necessary as a
result of the crime, including, but not limited | ||||||
22 | to, the first month's rent and security deposit of the | ||||||
23 | dwelling that the claimant relocated to and other reasonable | ||||||
24 | relocation expenses incurred as a result of the violent crime;
| ||||||
25 | locks or windows necessary or damaged as a result of the crime; | ||||||
26 | the purchase,
lease, or rental of equipment necessary to |
| |||||||
| |||||||
1 | create usability of and
accessibility to the victim's real and | ||||||
2 | personal property, or the real and
personal property which is | ||||||
3 | used by the victim, necessary as a result of the
crime; the | ||||||
4 | costs of appropriate crime scene clean-up;
replacement
| ||||||
5 | services loss, to a maximum of $1,250 per month;
dependents | ||||||
6 | replacement
services loss, to a maximum of $1,250 per month; | ||||||
7 | loss of tuition paid to
attend grammar school or high school | ||||||
8 | when the victim had been enrolled as a
student prior to the | ||||||
9 | injury, or college or graduate school when
the victim had been | ||||||
10 | enrolled as a day or night student prior to
the injury when the | ||||||
11 | victim becomes unable to continue attendance at school
as a | ||||||
12 | result of the crime of violence perpetrated against him or | ||||||
13 | her; loss
of
earnings, loss of future earnings because of | ||||||
14 | disability resulting from the
injury, and, in addition, in the | ||||||
15 | case of death, expenses for funeral, burial, and travel and | ||||||
16 | transport for survivors
of homicide victims to secure bodies | ||||||
17 | of deceased victims and to transport
bodies for burial all of | ||||||
18 | which
may be awarded up to a maximum of $10,000 and loss of | ||||||
19 | support of the dependents of
the victim; in the case of | ||||||
20 | dismemberment or desecration of a body, expenses for funeral | ||||||
21 | and burial, all of which may be awarded up to a maximum of | ||||||
22 | $10,000.
Loss of future earnings shall be reduced by any | ||||||
23 | income from substitute work
actually performed by the victim | ||||||
24 | or by income he or she would have earned
in
available | ||||||
25 | appropriate substitute work he or she was capable of | ||||||
26 | performing
but
unreasonably failed to undertake. Loss of |
| |||||||
| |||||||
1 | earnings, loss of future
earnings and loss of support shall be | ||||||
2 | determined on the basis of the
victim's average net monthly | ||||||
3 | earnings for the 6 months immediately
preceding the date of | ||||||
4 | the injury or on $2,400 per month, whichever is less or, in | ||||||
5 | cases where the absences commenced more than 3 years from the | ||||||
6 | date of the crime, on the basis of the net monthly earnings for | ||||||
7 | the 6 months immediately preceding the date of the first | ||||||
8 | absence, not to exceed $2,400 per month.
If a divorced or | ||||||
9 | legally separated applicant is claiming loss of support
for a | ||||||
10 | minor child of the deceased, the amount of support for each | ||||||
11 | child
shall be based either on the amount of support
pursuant | ||||||
12 | to the judgment prior to the date of the deceased
victim's | ||||||
13 | injury or death, or, if the subject of pending litigation | ||||||
14 | filed by
or on behalf of the divorced or legally separated | ||||||
15 | applicant prior to the
injury or death, on the result of that | ||||||
16 | litigation. Real and personal
property includes, but is not | ||||||
17 | limited to, vehicles, houses, apartments,
town houses, or | ||||||
18 | condominiums. Pecuniary loss does not
include pain and | ||||||
19 | suffering or property loss or damage.
| ||||||
20 | The changes made to this subsection by this amendatory Act | ||||||
21 | of the 101st General Assembly apply to actions commenced or | ||||||
22 | pending on or after January 1, 2022. | ||||||
23 | (i) "Replacement services loss" means expenses reasonably | ||||||
24 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
25 | of those the
injured person would have performed, not for | ||||||
26 | income, but for the benefit
of himself or herself or his or her |
| |||||||
| |||||||
1 | family, if he or she had not
been injured.
| ||||||
2 | (j) "Dependents replacement services loss" means loss | ||||||
3 | reasonably incurred
by dependents or private legal guardians | ||||||
4 | of minor dependents after a victim's death in obtaining | ||||||
5 | ordinary and necessary
services in lieu of those the victim | ||||||
6 | would have performed, not for income,
but for their benefit, | ||||||
7 | if he or she had not been fatally injured.
| ||||||
8 | (k) "Survivor" means immediate family including a parent, | ||||||
9 | stepfather, stepmother, child,
brother, sister, or spouse.
| ||||||
10 | (l) "Parent" means a natural parent, adopted parent, | ||||||
11 | stepparent, or permanent legal guardian of another person. | ||||||
12 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
13 | victim in connection with the commission of a violation of | ||||||
14 | Section 10-9 of the Criminal Code of 2012. | ||||||
15 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | ||||||
16 | 102-27, eff. 6-25-21.)
| ||||||
17 | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| ||||||
18 | Sec. 7.1. (a) The application shall set out:
| ||||||
19 | (1) the name and address of the victim;
| ||||||
20 | (2) if the victim is deceased, the name and address of | ||||||
21 | the applicant
and his or her relationship to the victim, | ||||||
22 | the names and addresses of other
persons dependent on the | ||||||
23 | victim for their support and the extent to
which each is so | ||||||
24 | dependent, and other persons who may be entitled to
| ||||||
25 | compensation for a pecuniary loss;
|
| |||||||
| |||||||
1 | (3) the date and nature of the crime on which the | ||||||
2 | application for
compensation is based;
| ||||||
3 | (4) the date and place where and the law enforcement | ||||||
4 | officials to
whom notification of the crime was given;
| ||||||
5 | (5) the nature and extent of the injuries sustained by | ||||||
6 | the victim,
and the names and addresses of those giving | ||||||
7 | medical and hospitalization
treatment to the victim;
| ||||||
8 | (6) the pecuniary loss to the applicant and to such | ||||||
9 | other persons as
are specified under item (2) resulting | ||||||
10 | from the injury or death;
| ||||||
11 | (7) the amount of benefits, payments, or awards, if | ||||||
12 | any, payable
under:
| ||||||
13 | (a) the Workers' Compensation Act,
| ||||||
14 | (b) the Dram Shop Act,
| ||||||
15 | (c) any claim, demand, or cause of action based | ||||||
16 | upon the
crime-related injury or death,
| ||||||
17 | (d) the Federal Medicare program,
| ||||||
18 | (e) the State Public Aid program,
| ||||||
19 | (f) Social Security Administration burial | ||||||
20 | benefits,
| ||||||
21 | (g) Veterans administration burial benefits,
| ||||||
22 | (h) life, health, accident , vehicle, towing, or | ||||||
23 | liability insurance,
| ||||||
24 | (i) the Criminal Victims' Escrow Account Act,
| ||||||
25 | (j) the Sexual Assault Survivors Emergency | ||||||
26 | Treatment Act, |
| |||||||
| |||||||
1 | (k) restitution, or | ||||||
2 | (l) any other source;
| ||||||
3 | (8) releases authorizing the surrender to the Court of | ||||||
4 | Claims or
Attorney General of reports, documents and other | ||||||
5 | information relating to
the matters specified under this | ||||||
6 | Act and rules promulgated in accordance
with the Act;
| ||||||
7 | (9) such other information as the Court of Claims or | ||||||
8 | the Attorney
General reasonably requires.
| ||||||
9 | (b) The Attorney General may require that materials | ||||||
10 | substantiating
the facts stated in the application be | ||||||
11 | submitted with that application.
| ||||||
12 | (c) An applicant, on his or her own motion, may file an | ||||||
13 | amended application
or additional substantiating materials to | ||||||
14 | correct inadvertent errors or
omissions at any time before the | ||||||
15 | original application has been disposed
of by the Court of | ||||||
16 | Claims or the Attorney General. In either case, the filing of | ||||||
17 | additional
information or of an amended application shall be | ||||||
18 | considered for the
purpose of this Act to have been filed at | ||||||
19 | the same time as the original
application.
| ||||||
20 | For claims submitted on or after January 1, 2022, an | ||||||
21 | amended application or additional substantiating materials to | ||||||
22 | correct inadvertent errors or omissions may be filed at any | ||||||
23 | time before the original application is disposed of by the | ||||||
24 | Attorney General or the Court of Claims. | ||||||
25 | (d) Determinations submitted by the Attorney General to | ||||||
26 | the Court of Claims shall be available to the Court of Claims |
| |||||||
| |||||||
1 | for review. The Attorney General shall provide the sources and | ||||||
2 | evidence relied upon as a basis for a compensation | ||||||
3 | determination. | ||||||
4 | (e) The changes made to this Section by this amendatory | ||||||
5 | Act of the 101st General Assembly apply to actions commenced | ||||||
6 | or pending on or after January 1, 2022. | ||||||
7 | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| ||||||
8 | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| ||||||
9 | Sec. 10.1. Amount of compensation. The amount of | ||||||
10 | compensation to which
an applicant and other persons are | ||||||
11 | entitled shall be based on the
following factors:
| ||||||
12 | (a) A victim may be compensated for his or her pecuniary | ||||||
13 | loss.
| ||||||
14 | (b) A dependent may be compensated for loss of support.
| ||||||
15 | (c) Any person, even though not dependent upon the victim | ||||||
16 | for his or her
support, may be compensated for reasonable
| ||||||
17 | expenses of the victim to the extent to which he or she has | ||||||
18 | paid or become
obligated to pay such expenses and only after | ||||||
19 | compensation for reasonable
funeral, medical and hospital | ||||||
20 | expenses of the victim have been awarded may
compensation be | ||||||
21 | made for reasonable expenses of the victim incurred for
| ||||||
22 | psychological treatment of a mental or emotional condition | ||||||
23 | caused or
aggravated by the crime.
| ||||||
24 | (d) An award shall be reduced or denied according to the | ||||||
25 | extent to which
the victim's injury or death was caused by |
| |||||||
| |||||||
1 | provocation or incitement by the victim or the victim | ||||||
2 | assisting, attempting, or committing a criminal act. A denial | ||||||
3 | or reduction shall not automatically bar the survivors of | ||||||
4 | homicide victims from receiving compensation for counseling, | ||||||
5 | crime scene cleanup, relocation, funeral or burial costs, and | ||||||
6 | loss of support if the survivor's actions have not initiated, | ||||||
7 | provoked, or aggravated the suspect into initiating the | ||||||
8 | qualifying crime.
| ||||||
9 | (e) An award shall be reduced by the amount of benefits, | ||||||
10 | payments
or awards payable under those sources which are | ||||||
11 | required to be listed
under item (7) of Section 7.1(a) and any | ||||||
12 | other sources except annuities,
pension plans, Federal Social | ||||||
13 | Security payments payable to dependents
of the victim and the | ||||||
14 | net proceeds of the first $25,000 of life
insurance that would | ||||||
15 | inure to the benefit of the applicant, which the
applicant or | ||||||
16 | any other person dependent for the support of a deceased
| ||||||
17 | victim, as the case may be, has received or to which he or she | ||||||
18 | is entitled
as a result of injury to or death of the victim.
| ||||||
19 | (f) A final award shall not exceed $10,000 for a crime | ||||||
20 | committed prior to
September 22, 1979, $15,000 for a crime | ||||||
21 | committed on or after September 22,
1979 and prior to January | ||||||
22 | 1, 1986, $25,000 for a crime committed on or after
January 1, | ||||||
23 | 1986 and prior to August 7, 1998, $27,000 for a crime committed | ||||||
24 | on or after August
7, 1998 and prior to August 7, 2022, or | ||||||
25 | $45,000 for a crime committed on or after August 7, 2022. If | ||||||
26 | the total
pecuniary loss is greater than the maximum amount |
| |||||||
| |||||||
1 | allowed, the award shall be
divided in proportion to the | ||||||
2 | amount of actual loss among those entitled to
compensation.
| ||||||
3 | (g) Compensation under this Act is a secondary source of | ||||||
4 | compensation
and the applicant must show that he or she has | ||||||
5 | exhausted the benefits
reasonably available under the Criminal | ||||||
6 | Victims' Escrow Account Act or any
governmental or medical or | ||||||
7 | health insurance programs, including , but not
limited to , | ||||||
8 | Workers' Compensation, the Federal Medicare program, the State
| ||||||
9 | Public Aid program, Social Security Administration burial | ||||||
10 | benefits, and
Veterans Administration burial benefits, and | ||||||
11 | life, health, accident , full vehicle coverage (including | ||||||
12 | towing insurance, if available), or
liability insurance.
| ||||||
13 | (Source: P.A. 102-27, eff. 1-1-22 .)
|