Sen. Laura M. Murphy

Filed: 5/24/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 698

2    AMENDMENT NO. ______. Amend Senate Bill 698 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.8 as follows:
 
6    (625 ILCS 5/11-208.8)
7    Sec. 11-208.8. Automated speed enforcement systems in
8safety zones.
9    (a) As used in this Section:
10    "Automated speed enforcement system" means a photographic
11device, radar device, laser device, or other electrical or
12mechanical device or devices installed or utilized in a safety
13zone and designed to record the speed of a vehicle and obtain a
14clear photograph or other recorded image of the vehicle and
15the vehicle's registration plate or digital registration plate
16while the driver is violating Article VI of Chapter 11 of this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    liability;
2        (9) a statement that the person may elect to proceed
3    by:
4            (A) paying the fine; or
5            (B) challenging the charge in court, by mail, or
6        by administrative hearing; and
7        (10) a website address, accessible through the
8    Internet, where the person may view the recorded images of
9    the violation.
10    (g) (Blank).
11    (h) Based on inspection of recorded images produced by an
12automated speed enforcement system, a notice alleging that the
13violation occurred shall be evidence of the facts contained in
14the notice and admissible in any proceeding alleging a
15violation under this Section.
16    (i) Recorded images made by an automated speed enforcement
17system are confidential and shall be made available only to
18the alleged violator and governmental and law enforcement
19agencies for purposes of adjudicating a violation of this
20Section, for statistical purposes, or for other governmental
21purposes. Any recorded image evidencing a violation of this
22Section, however, may be admissible in any proceeding
23resulting from the issuance of the citation.
24    (j) The court or hearing officer may consider in defense
25of a violation:
26        (1) that the motor vehicle or registration plates or

 

 

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1    digital registration plates of the motor vehicle were
2    stolen before the violation occurred and not under the
3    control or in the possession of the owner or lessee at the
4    time of the violation;
5        (1.5) that the motor vehicle was hijacked before the
6    violation occurred and not under the control of or in the
7    possession of the owner or lessee at the time of the
8    violation;
9        (2) that the driver of the motor vehicle received a
10    Uniform Traffic Citation from a police officer for a
11    speeding violation occurring within one-eighth of a mile
12    and 15 minutes of the violation that was recorded by the
13    system; and
14        (3) any other evidence or issues provided by municipal
15    ordinance.
16    (k) To demonstrate that the motor vehicle was hijacked or
17the motor vehicle or registration plates or digital
18registration plates were stolen before the violation occurred
19and were not under the control or possession of the owner or
20lessee at the time of the violation, the owner or lessee must
21submit proof that a report concerning the motor vehicle or
22registration plates was filed with a law enforcement agency in
23a timely manner.
24    (l) A roadway equipped with an automated speed enforcement
25system shall be posted with a sign conforming to the national
26Manual on Uniform Traffic Control Devices that is visible to

 

 

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1approaching traffic stating that vehicle speeds are being
2photo-enforced and indicating the speed limit. The
3municipality shall install such additional signage as it
4determines is necessary to give reasonable notice to drivers
5as to where automated speed enforcement systems are installed.
6    (m) A roadway where a new automated speed enforcement
7system is installed shall be posted with signs providing 30
8days notice of the use of a new automated speed enforcement
9system prior to the issuance of any citations through the
10automated speed enforcement system.
11    (n) The compensation paid for an automated speed
12enforcement system must be based on the value of the equipment
13or the services provided and may not be based on the number of
14traffic citations issued or the revenue generated by the
15system.
16    (n-1) No member of the General Assembly and no officer or
17employee of a municipality or county shall knowingly accept
18employment or receive compensation or fees for services from a
19vendor that provides automated speed enforcement system
20equipment or services to municipalities or counties. No former
21member of the General Assembly shall, within a period of 2
22years immediately after the termination of service as a member
23of the General Assembly, knowingly accept employment or
24receive compensation or fees for services from a vendor that
25provides automated speed enforcement system equipment or
26services to municipalities or counties. No former officer or

 

 

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1employee of a municipality or county shall, within a period of
22 years immediately after the termination of municipal or
3county employment, knowingly accept employment or receive
4compensation or fees for services from a vendor that provides
5automated speed enforcement system equipment or services to
6municipalities or counties.
7    (o) (Blank).
8    (p) No person who is the lessor of a motor vehicle pursuant
9to a written lease agreement shall be liable for an automated
10speed or traffic law enforcement system violation involving
11such motor vehicle during the period of the lease; provided
12that upon the request of the appropriate authority received
13within 120 days after the violation occurred, the lessor
14provides within 60 days after such receipt the name and
15address of the lessee. The drivers license number of a lessee
16may be subsequently individually requested by the appropriate
17authority if needed for enforcement of this Section.
18    Upon the provision of information by the lessor pursuant
19to this subsection, the municipality may issue the violation
20to the lessee of the vehicle in the same manner as it would
21issue a violation to a registered owner of a vehicle pursuant
22to this Section, and the lessee may be held liable for the
23violation.
24    (q) A municipality using an automated speed enforcement
25system must provide notice to drivers by publishing the
26locations of all safety zones where system equipment is

 

 

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1installed on the website of the municipality.
2    (r) A municipality operating an automated speed
3enforcement system shall conduct a statistical analysis to
4assess the safety impact of the system following installation
5of the system and every 2 years thereafter. A municipality
6operating an automated speed enforcement system before the
7effective date of this amendatory Act of the 103rd General
8Assembly shall conduct a statistical analysis to assess the
9safety impact of the system by no later than one year after the
10effective date of this amendatory Act of the 103rd General
11Assembly and every 2 years thereafter. Each statistical
12analysis shall be based upon the best available crash,
13traffic, and other data, and shall cover a period of time
14before and after installation of the system sufficient to
15provide a statistically valid comparison of safety impact.
16Each statistical analysis shall be consistent with
17professional judgment and acceptable industry practice. Each
18statistical analysis also shall be consistent with the data
19required for valid comparisons of before and after conditions
20and shall be conducted within a reasonable period following
21the installation of the automated traffic law enforcement
22system. Each statistical analysis required by this subsection
23shall be made available to the public and shall be published on
24the website of the municipality.
25    (s) This Section applies only to municipalities with a
26population of 1,000,000 or more inhabitants and home rule

 

 

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1municipalities with over 35,000 or more inhabitants in a
2county with a population of 3,000,000 or more.
3    (t) If a county or municipality selects a new vendor for
4its automated speed enforcement system and must, as a
5consequence, apply for a permit, approval, or other
6authorization from the Department for reinstallation of one or
7more malfunctioning components of that system and if, at the
8time of the application for the permit, approval, or other
9authorization, the new vendor operates an automated speed
10enforcement system for any other county or municipality in the
11State, then the Department shall approve or deny the county or
12municipality's application for the permit, approval, or other
13authorization within 90 days after its receipt.
14    (u) The Department may revoke any permit, approval, or
15other authorization granted to a county or municipality for
16the placement, installation, or operation of an automated
17speed enforcement system if any official or employee who
18serves that county or municipality is charged with bribery,
19official misconduct, or a similar crime related to the
20placement, installation, or operation of the automated speed
21enforcement system in the county or municipality.
22    The Department shall adopt any rules necessary to
23implement and administer this subsection. The rules adopted by
24the Department shall describe the revocation process, shall
25ensure that notice of the revocation is provided, and shall
26provide an opportunity to appeal the revocation. Any county or

 

 

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1municipality that has a permit, approval, or other
2authorization revoked under this subsection may not reapply
3for such a permit, approval, or other authorization for a
4period of 1 year after the revocation.
5(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".