093_SB0173ham001

 










                                     LRB093 07216 DRH 16101 a

 1                    AMENDMENT TO SENATE BILL 173

 2        AMENDMENT NO.     .  Amend Senate Bill 173 on page 17, by
 3    replacing lines 22 through 33 with the following:

 4        "(625 ILCS 5/11-208.5 new)
 5        Sec. 11-208.5.  Automated traffic law enforcement system.
 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:
 9             (1)  a red light signal to produce  recorded  images
10        of  motor vehicles entering an intersection against a red
11        signal indication in violation of Section 11-306 of  this
12        Code or a similar provision of a local ordinance;
13             (2)  a  speed  measuring  device to produce recorded
14        images of motor vehicles traveling at a  prohibited  rate
15        of speed; or
16             (3)  any  other  traffic  control device designed to
17        enhance highway safety.
18        An automated traffic law enforcement system is  a  system
19    in  a  municipality  or  county  operated  by  a governmental
20    agency, in cooperation with a law  enforcement  agency,  that
21    produces a recorded image of a motor vehicle's violation of a
22    provision  of  this Code or a local ordinance and is designed
23    to obtain a clear recorded  image  of  the  vehicle  and  the
 
                            -2-      LRB093 07216 DRH 16101 a
 1    vehicle's license plate. The recorded image must also display
 2    the time, date, and location of the violation.
 3        (b)  As  used  in  this  Section, "recorded images" means
 4    images recorded  by  an  automated  traffic  law  enforcement
 5    system on:
 6             (1)  2 or more photographs;
 7             (2)  2 or more microphotographs;
 8             (3)  2 or more electronic images; or
 9             (4)  a  videotape  showing the motor vehicle and, on
10        at  least  one  image  or  portion   of   tape,   clearly
11        identifying  the  registration  plate number of the motor
12        vehicle.
13        (c)  For each violation of a provision of this Code or  a
14    local   ordinance   recorded  by  an  automatic  traffic  law
15    enforcement system, the local law enforcement  agency  having
16    jurisdiction  shall  issue a written citation and a notice of
17    the violation to the registered owner of the motor vehicle as
18    the alleged violator.  A  violation  of  this  Section  shall
19    result  in  the  imposition  of a civil penalty not exceeding
20    $250 upon the registered owner  of  the  motor  vehicle.  The
21    citation  and  notice  shall  be  delivered to the registered
22    owner of the motor vehicle, by mail, within 30  days  of  the
23    violation.
24        The citation shall include:
25             (1)  the name and address of the registered owner of
26        the motor vehicle;
27             (2)  the  registration  number  of the motor vehicle
28        involved in the violation;
29             (3)  the violation charged;
30             (4)  the location where the violation occurred;
31             (5)  the date and time of the violation;
32             (6)  a copy of the recorded images;
33             (7)  the amount of the civil penalty imposed and the
34        date by which the civil penalty should be paid;
 
                            -3-      LRB093 07216 DRH 16101 a
 1             (8)  a signed statement by a technician employed  by
 2        the  agency that, based on inspection of recorded images,
 3        the motor vehicle was being operated in  violation  of  a
 4        automated traffic law enforcement system;
 5             (9)  a  statement  that recorded images are evidence
 6        of a violation of a traffic control device or posted rate
 7        of speed; and
 8             (10)  warning that failure to pay the civil  penalty
 9        or  to  contest  liability  in  a  timely  manner  is  an
10        admission  of liability and may result in a suspension of
11        the driving privileges of the  registered  owner  of  the
12        motor vehicle.
13        (d)  The  citation  issued to the registered owner of the
14    motor vehicle shall be accompanied by a written  notice,  the
15    contents  of  which  is  set  forth in subsection (e) of this
16    Section, explaining how the registered  owner  of  the  motor
17    vehicle  can  elect  to  proceed  by  either paying the civil
18    penalty or challenging the issuance of the citation.
19        (e)  The written notice explaining the alleged violator's
20    rights and obligations must include the following text:
21        "You have been served with the accompanying citation  and
22        cited  with  having  violated  Section  11-208.5  of  the
23        Illinois Vehicle Code. You can elect to proceed by:
24             1.  paying the fine; or
25             2.  challenging  the  issuance  of  the  Citation in
26        court."
27        (f)  If a person charged with a traffic violation,  as  a
28    result  of  an automated traffic law enforcement system, does
29    not pay or successfully contest the civil  penalty  resulting
30    from that violation, the Secretary of State shall suspend the
31    driving  privileges  of  the  registered  owner  of the motor
32    vehicle under Section 6-306.5 of this Code for failing to pay
33    any fine or penalty due and owing as a result of 5 violations
34    of the automated traffic law enforcement system.
 
                            -4-      LRB093 07216 DRH 16101 a
 1        (g)  Based on inspection of recorded images  produced  by
 2    an  automated traffic law enforcement system, a citation or a
 3    copy of a citation alleging that the violation  occurred  and
 4    signed  by  a  duly  authorized  agent of the agency shall be
 5    evidence of the facts contained in the citation or  copy  and
 6    admissible  in any proceeding alleging a violation under this
 7    Section.
 8        (h)  Recorded images made by  an  automatic  traffic  law
 9    enforcement   system  are  confidential  and  shall  be  made
10    available only to the alleged violator and  governmental  and
11    law  enforcement  agencies  for  purposes  of  adjudicating a
12    violation of this Section. Any recorded  image  evidencing  a
13    violation  of  this  Section,  however,  is admissible in any
14    proceeding resulting from the issuance of the  citation  when
15    there  is  reasonable and sufficient proof of the accuracy of
16    the camera or  electronic  instrument  recording  the  image.
17    There  is a rebuttable presumption that the recorded image is
18    accurate if the camera or electronic recording instrument was
19    in good working order at the beginning and the end of the day
20    of the alleged offense.
21        (i)  The court may consider in defense of a violation:
22             (1)  that the motor vehicle or  registration  plates
23        of  the  motor  vehicle  were stolen before the violation
24        occurred  and  not  under  the  control  of  or  in   the
25        possession of the owner at the time of the violation;
26             (2)  with  respect to an alleged automated red light
27        violation, that the driver of the vehicle passed  through
28        the  intersection  when  the  light was red either (i) in
29        order to yield the right-of-way to an  emergency  vehicle
30        or (ii) as part of a funeral procession; and
31             (3)  any  other  evidence  or  issues that the Court
32        deems pertinent.
33        (j)  To  demonstrate  that  the  motor  vehicle  or   the
34    registration plates were stolen before the violation occurred
 
                            -5-      LRB093 07216 DRH 16101 a
 1    and  were not under the control or possession of the owner at
 2    the time of the violation, the owner must submit proof that a
 3    police  report  concerning  the  stolen  motor   vehicle   or
 4    registration plates was filed in a timely manner.
 5        (k)  Unless  the  driver  of the motor vehicle received a
 6    Uniform Traffic Citation from a police officer at the time of
 7    the violation, the registered owner of the motor  vehicle  is
 8    subject  to  a  civil penalty not exceeding $250 if the motor
 9    vehicle is recorded by an automated traffic  law  enforcement
10    system.   The  registered owner of the motor vehicle shall be
11    the alleged violator when any violation  of  a  provision  of
12    this  Code  or  a local ordinance is recorded by an automated
13    traffic law enforcement system. A violation for which a civil
14    penalty is imposed under this Section is not a violation of a
15    traffic regulation governing the movement of vehicles and may
16    not be recorded on the driving record of the registered owner
17    of the motor vehicle.
18        (l)  A roadway or intersection equipped with an automated
19    traffic law enforcement system must be  posted  with  a  sign
20    visible to approaching traffic indicating that the roadway or
21    intersection  is  being monitored by an automated traffic law
22    enforcement system.
23        (m)  The compensation paid for an automated  traffic  law
24    enforcement  system  must  be  based  on  the  value  of  the
25    equipment  or  the  services provided and may not be based on
26    the  number  of  traffic  citations  issued  or  the  revenue
27    generated by the system."; and

28    by deleting pages 18, 19, and 20; and

29    on page 21, by deleting lines 1 through 28.