94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3463

 

Introduced 02/23/05, by Rep. Roger Jenisch

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.5 new
625 ILCS 5/11-306  from Ch. 95 1/2, par. 11-306
625 ILCS 5/1-105.5 rep.

    Amends the Illinois Vehicle Code. Provides that a governmental agency in a municipality or county may establish an automated traffic law enforcement system, in cooperation with a law enforcement agency, that produces a recorded image of a motor vehicle's response to a traffic control signal or images of motor vehicles traveling at a prohibited rate of speed and is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. Provides that the recorded image must also display the time, date, and location of the violation. Provides that a technician employed by the municipality or county must sign a statement to the effect that the recorded images showed a violation. Provides that no citation may be issued for a red light violation if the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle. Provides that the owner of the vehicle used in the violation is liable for the violation if the violation was recorded by the system, with exceptions. In provisions concerning failure to pay fines or penalties for standing, parking, and compliance violations and administrative adjudication of those violations, adds violations recorded by the system. Provides that the compensation paid for the system must not be based on the amount of revenue generated or tickets issued by the system. Deletes language providing for creation of an automated red light enforcement system in a municipality with a population of 1,000,000 or more. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 6-306.5, 11-208, 11-208.3, and 11-306 and adding
6 Section 11-208.5 as follows:
 
7     (625 ILCS 5/6-306.5)   (from Ch. 95 1/2, par. 6-306.5)
8     Sec. 6-306.5. Failure to pay fine or penalty for standing,
9 parking, or compliance, or automated traffic law violations;
10 suspension of driving privileges.
11     (a) Upon receipt of a certified report, as prescribed by
12 subsection (c) of this Section, from any municipality stating
13 that the owner of a registered vehicle has: (1) failed to pay
14 any fine or penalty due and owing as a result of 10 or more
15 violations of a municipality's vehicular standing, parking, or
16 compliance regulations established by ordinance pursuant to
17 Section 11-208.3 of this Code, or (2) failed to pay any fine or
18 penalty due and owing as a result of 5 offenses for automated
19 traffic violations as defined in Section 11-208.5, the
20 Secretary of State shall suspend the driving privileges of such
21 person in accordance with the procedures set forth in this
22 Section. The Secretary shall also suspend the driving
23 privileges of an owner of a registered vehicle upon receipt of
24 a certified report, as prescribed by subsection (f) of this
25 Section, from any municipality stating that such person has
26 failed to satisfy any fines or penalties imposed by final
27 judgments for 5 or more automated traffic law violations or 10
28 or more violations of local standing, parking, or compliance
29 regulations after exhaustion of judicial review procedures.
30     (b)  Following receipt of the certified report of the
31 municipality as specified in this Section, the Secretary of
32 State shall notify the person whose name appears on the

 

 

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1 certified report that the person's drivers license will be
2 suspended at the end of a specified period of time unless the
3 Secretary of State is presented with a notice from the
4 municipality certifying that the fine or penalty due and owing
5 the municipality has been paid or that inclusion of that
6 person's name on the certified report was in error. The
7 Secretary's notice shall state in substance the information
8 contained in the municipality's certified report to the
9 Secretary, and shall be effective as specified by subsection
10 (c) of Section 6-211 of this Code.
11     (c)  The report of the appropriate municipal official
12 notifying the Secretary of State of unpaid fines or penalties
13 pursuant to this Section shall be certified and shall contain
14 the following:
15         (1)  The name, last known address and drivers license
16     number of the person who failed to pay the fine or penalty
17     and the registration number of any vehicle known to be
18     registered to such person in this State.
19         (2)  The name of the municipality making the report
20     pursuant to this Section.
21         (3)  A statement that the municipality sent a notice of
22     impending drivers license suspension as prescribed by
23     ordinance enacted pursuant to Section 11-208.3, to the
24     person named in the report at the address recorded with the
25     Secretary of State; the date on which such notice was sent;
26     and the address to which such notice was sent. In a
27     municipality with a population of 1,000,000 or more, the
28     report shall also include a statement that the alleged
29     violator's State vehicle registration number and vehicle
30     make are correct as they appear on the citations.
31     (d)  Any municipality making a certified report to the
32 Secretary of State pursuant to this Section shall notify the
33 Secretary of State, in a form prescribed by the Secretary,
34 whenever a person named in the certified report has paid the
35 previously reported fine or penalty or whenever the
36 municipality determines that the original report was in error.

 

 

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1 A certified copy of such notification shall also be given upon
2 request and at no additional charge to the person named
3 therein. Upon receipt of the municipality's notification or
4 presentation of a certified copy of such notification, the
5 Secretary of State shall terminate the suspension.
6     (e)  Any municipality making a certified report to the
7 Secretary of State pursuant to this Section shall also by
8 ordinance establish procedures for persons to challenge the
9 accuracy of the certified report. The ordinance shall also
10 state the grounds for such a challenge, which may be limited to
11 (1) the person not having been the owner or lessee of the
12 vehicle or vehicles receiving 10 or more standing, parking, or
13 compliance violation notices or 5 or more automated traffic law
14 violation notices on the date or dates such notices were
15 issued; and (2) the person having already paid the fine or
16 penalty for the 10 or more standing, parking, or compliance
17 violations or 5 or more automated traffic law violations
18 indicated on the certified report.
19     (f)  Any municipality, other than a municipality
20 establishing vehicular standing, parking, and compliance
21 regulations pursuant to Section 11-208.3 or automated traffic
22 law regulations under Section 11-208.5, may also cause a
23 suspension of a person's drivers license pursuant to this
24 Section. Such municipality may invoke this sanction by making a
25 certified report to the Secretary of State upon a person's
26 failure to satisfy any fine or penalty imposed by final
27 judgment for 10 or more violations of local standing, parking,
28 or compliance regulations or 5 or more automated traffic law
29 violations after exhaustion of judicial review procedures, but
30 only if:
31         (1)  the municipality complies with the provisions of
32     this Section in all respects except in regard to enacting
33     an ordinance pursuant to Section 11-208.3;
34         (2)  the municipality has sent a notice of impending
35     drivers license suspension as prescribed by an ordinance
36     enacted pursuant to subsection (g) of this Section; and

 

 

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1         (3)  in municipalities with a population of 1,000,000
2     or more, the municipality has verified that the alleged
3     violator's State vehicle registration number and vehicle
4     make are correct as they appear on the citations.
5     (g)  Any municipality, other than a municipality
6 establishing standing, parking, and compliance regulations
7 pursuant to Section 11-208.3 or automated traffic law
8 regulations under Section 11-208.5, may provide by ordinance
9 for the sending of a notice of impending drivers license
10 suspension to the person who has failed to satisfy any fine or
11 penalty imposed by final judgment for 10 or more violations of
12 local standing, parking, or compliance regulations or 5 or more
13 automated traffic law violations after exhaustion of judicial
14 review procedures. An ordinance so providing shall specify that
15 the notice sent to the person liable for any fine or penalty
16 shall state that failure to pay the fine or penalty owing
17 within 45 days of the notice's date will result in the
18 municipality notifying the Secretary of State that the person's
19 drivers license is eligible for suspension pursuant to this
20 Section. The notice of impending drivers license suspension
21 shall be sent by first class United States mail, postage
22 prepaid, to the address recorded with the Secretary of State.
23     (h)  An administrative hearing to contest an impending
24 suspension or a suspension made pursuant to this Section may be
25 had upon filing a written request with the Secretary of State.
26 The filing fee for this hearing shall be $20, to be paid at the
27 time the request is made. A municipality which files a
28 certified report with the Secretary of State pursuant to this
29 Section shall reimburse the Secretary for all reasonable costs
30 incurred by the Secretary as a result of the filing of the
31 report, including but not limited to the costs of providing the
32 notice required pursuant to subsection (b) and the costs
33 incurred by the Secretary in any hearing conducted with respect
34 to the report pursuant to this subsection and any appeal from
35 such a hearing.
36     (i)  The provisions of this Section shall apply on and

 

 

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1 after January 1, 1988.
2     (j)  For purposes of this Section, the term "compliance
3 violation" is defined as in Section 11-208.3.
4 (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481,
5 eff. 8-17-97.)
 
6     (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
7     Sec. 11-208. Powers of local authorities.
8     (a)  The provisions of this Code shall not be deemed to
9 prevent local authorities with respect to streets and highways
10 under their jurisdiction and within the reasonable exercise of
11 the police power from:
12         1.  Regulating the standing or parking of vehicles,
13     except as limited by Section 11-1306 of this Act;
14         2.  Regulating traffic by means of police officers or
15     traffic control signals;
16         3.  Regulating or prohibiting processions or
17     assemblages on the highways;
18         4.  Designating particular highways as one-way
19     highways and requiring that all vehicles thereon be moved
20     in one specific direction;
21         5.  Regulating the speed of vehicles in public parks
22     subject to the limitations set forth in Section 11-604;
23         6.  Designating any highway as a through highway, as
24     authorized in Section 11-302, and requiring that all
25     vehicles stop before entering or crossing the same or
26     designating any intersection as a stop intersection or a
27     yield right-of-way intersection and requiring all vehicles
28     to stop or yield the right-of-way at one or more entrances
29     to such intersections;
30         7.  Restricting the use of highways as authorized in
31     Chapter 15;
32         8.  Regulating the operation of bicycles and requiring
33     the registration and licensing of same, including the
34     requirement of a registration fee;
35         9.  Regulating or prohibiting the turning of vehicles

 

 

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1     or specified types of vehicles at intersections;
2         10.  Altering the speed limits as authorized in
3     Section 11-604;
4         11.  Prohibiting U-turns;
5         12.  Prohibiting pedestrian crossings at other than
6     designated and marked crosswalks or at intersections;
7         13.  Prohibiting parking during snow removal
8     operation;
9         14.  Imposing fines in accordance with Section
10     11-1301.3 as penalties for use of any parking place
11     reserved for persons with disabilities, as defined by
12     Section 1-159.1, or disabled veterans by any person using a
13     motor vehicle not bearing registration plates specified in
14     Section 11-1301.1 or a special decal or device as defined
15     in Section 11-1301.2 as evidence that the vehicle is
16     operated by or for a person with disabilities or disabled
17     veteran;
18         15.  Adopting such other traffic regulations as are
19     specifically authorized by this Code; or
20         16.  Enforcing the provisions of subsection (f) of
21     Section 3-413 of this Code or a similar local ordinance.
22     (b)  No ordinance or regulation enacted under subsections
23 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
24 effective until signs giving reasonable notice of such local
25 traffic regulations are posted.
26     (c)  The provisions of this Code shall not prevent any
27 municipality having a population of 500,000 or more inhabitants
28 from prohibiting any person from driving or operating any motor
29 vehicle upon the roadways of such municipality with headlamps
30 on high beam or bright.
31     (d)  The provisions of this Code shall not be deemed to
32 prevent local authorities within the reasonable exercise of
33 their police power from prohibiting, on private property, the
34 unauthorized use of parking spaces reserved for persons with
35 disabilities.
36     (e)  No unit of local government, including a home rule

 

 

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1 unit, may enact or enforce an ordinance that applies only to
2 motorcycles if the principal purpose for that ordinance is to
3 restrict the access of motorcycles to any highway or portion of
4 a highway for which federal or State funds have been used for
5 the planning, design, construction, or maintenance of that
6 highway. No unit of local government, including a home rule
7 unit, may enact an ordinance requiring motorcycle users to wear
8 protective headgear. Nothing in this subsection (e) shall
9 affect the authority of a unit of local government to regulate
10 motorcycles for traffic control purposes or in accordance with
11 Section 12-602 of this Code. No unit of local government,
12 including a home rule unit, may regulate motorcycles in a
13 manner inconsistent with this Code. This subsection (e) is a
14 limitation under subsection (i) of Section 6 of Article VII of
15 the Illinois Constitution on the concurrent exercise by home
16 rule units of powers and functions exercised by the State.
17     (f)  A municipality or county may enact an ordinance
18 providing for an automated traffic law enforcement system to
19 enforce violations of this Code or similar provisions of a
20 local ordinance.
21 (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
22 90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)
 
23     (625 ILCS 5/11-208.3)   (from Ch. 95 1/2, par. 11-208.3)
24     Sec. 11-208.3. Administrative adjudication of violations
25 of traffic regulations concerning the standing, parking, or
26 condition of vehicles and automated traffic law violations.
27     (a)  Any municipality may provide by ordinance for a system
28 of administrative adjudication of vehicular standing and
29 parking violations and vehicle compliance violations as
30 defined in this subsection, and automated traffic law
31 violations as defined in Section 11-208.5. The administrative
32 system shall have as its purpose the fair and efficient
33 enforcement of municipal regulations through the
34 administrative adjudication of automated traffic law
35 violations and violations of municipal ordinances regulating

 

 

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1 the standing and parking of vehicles, the condition and use of
2 vehicle equipment, and the display of municipal wheel tax
3 licenses within the municipality's borders. The administrative
4 system shall only have authority to adjudicate civil offenses
5 carrying fines not in excess of $250 that occur after the
6 effective date of the ordinance adopting such a system under
7 this Section. For purposes of this Section, "compliance
8 violation" means a violation of a municipal regulation
9 governing the condition or use of equipment on a vehicle or
10 governing the display of a municipal wheel tax license.
11     (b)  Any ordinance establishing a system of administrative
12 adjudication under this Section shall provide for:
13         (1)  A traffic compliance administrator authorized to
14     adopt, distribute and process parking, and compliance, and
15     automated traffic law violation notices and other notices
16     required by this Section, collect money paid as fines and
17     penalties for violation of parking and compliance
18     ordinances and automated traffic law violations, and
19     operate an administrative adjudication system. The traffic
20     compliance administrator also may make a certified report
21     to the Secretary of State under Section 6-306.5.
22         (2)  A parking, standing, or compliance, or automated
23     traffic law violation notice that shall specify the date,
24     time, and place of violation of a parking, standing, or
25     compliance, or automated traffic law regulation; the
26     particular regulation violated; the fine and any penalty
27     that may be assessed for late payment, when so provided by
28     ordinance; the vehicle make and state registration number;
29     and the identification number of the person issuing the
30     notice. With regard to municipalities with a population of
31     1 million or more, it shall be grounds for dismissal of a
32     parking violation if the State registration number or
33     vehicle make specified is incorrect. The violation notice
34     shall state that the payment of the indicated fine, and of
35     any applicable penalty for late payment, shall operate as a
36     final disposition of the violation. The notice also shall

 

 

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1     contain information as to the availability of a hearing in
2     which the violation may be contested on its merits. The
3     violation notice shall specify the time and manner in which
4     a hearing may be had.
5         (3)  Service of the parking, standing, or compliance
6     violation notice by affixing the original or a facsimile of
7     the notice to an unlawfully parked vehicle or by handing
8     the notice to the operator of a vehicle if he or she is
9     present and service of an automated traffic law violation
10     notice by mail to the address of the registered owner of
11     the cited vehicle as recorded with the Secretary of State
12     within 30 days after the violation. A person authorized by
13     ordinance to issue and serve parking, standing, and
14     compliance, or automated traffic law violation notices
15     shall certify as to the correctness of the facts entered on
16     the violation notice by signing his or her name to the
17     notice at the time of service or in the case of a notice
18     produced by a computerized device, by signing a single
19     certificate to be kept by the traffic compliance
20     administrator attesting to the correctness of all notices
21     produced by the device while it was under his or her
22     control. In the case of an automated traffic law violation,
23     the ordinance shall require a signed statement by a
24     technician employed by the municipality or county that,
25     based on inspection of recorded images, the motor vehicle
26     was being operated in violation Section 11-208.5. In the
27     case of a red light violation, if the technician determines
28     that the vehicle entered the intersection as part of a
29     funeral procession or in order to yield the right-of-way to
30     an emergency vehicle, a citation may not be issued. The
31     original or a facsimile of the violation notice or, in the
32     case of a notice produced by a computerized device, a
33     printed record generated by the device showing the facts
34     entered on the notice, shall be retained by the traffic
35     compliance administrator, and shall be a record kept in the
36     ordinary course of business. A parking, standing, or

 

 

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1     compliance, or automated traffic law violation notice
2     issued, signed and served in accordance with this Section,
3     a copy of the notice, or the computer generated record
4     shall be prima facie correct and shall be prima facie
5     evidence of the correctness of the facts shown on the
6     notice. The notice, copy, or computer generated record
7     shall be admissible in any subsequent administrative or
8     legal proceedings.
9         (4)  An opportunity for a hearing for the registered
10     owner of the vehicle cited in the parking, standing, or
11     compliance, or automated traffic law violation notice in
12     which the owner may contest the merits of the alleged
13     violation, and during which formal or technical rules of
14     evidence shall not apply; provided, however, that under
15     Section 11-1306 of this Code the lessee of a vehicle cited
16     in the violation notice likewise shall be provided an
17     opportunity for a hearing of the same kind afforded the
18     registered owner. The hearings shall be recorded, and the
19     person conducting the hearing on behalf of the traffic
20     compliance administrator shall be empowered to administer
21     oaths and to secure by subpoena both the attendance and
22     testimony of witnesses and the production of relevant books
23     and papers. Persons appearing at a hearing under this
24     Section may be represented by counsel at their expense. The
25     ordinance may also provide for internal administrative
26     review following the decision of the hearing officer.
27         (5)  Service of additional notices, sent by first
28     class United States mail, postage prepaid, to the address
29     of the registered owner of the cited vehicle as recorded
30     with the Secretary of State or, under Section 11-1306 of
31     this Code, to the lessee of the cited vehicle at the last
32     address known to the lessor of the cited vehicle at the
33     time of lease. The service shall be deemed complete as of
34     the date of deposit in the United States mail. The notices
35     shall be in the following sequence and shall include but
36     not be limited to the information specified herein:

 

 

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1             (i)  A second notice of violation. This notice
2         shall specify the date and location of the violation
3         cited in the parking, standing, or compliance, or
4         automated traffic law violation notice, the particular
5         regulation violated, the vehicle make and state
6         registration number, the fine and any penalty that may
7         be assessed for late payment when so provided by
8         ordinance, the availability of a hearing in which the
9         violation may be contested on its merits, and the time
10         and manner in which the hearing may be had. The notice
11         of violation shall also state that failure either to
12         pay the indicated fine and any applicable penalty, or
13         to appear at a hearing on the merits in the time and
14         manner specified, will result in a final determination
15         of violation liability for the cited violation in the
16         amount of the fine or penalty indicated, and that, upon
17         the occurrence of a final determination of violation
18         liability for the failure, and the exhaustion of, or
19         failure to exhaust, available administrative or
20         judicial procedures for review, any unpaid fine or
21         penalty will constitute a debt due and owing the
22         municipality.
23             (ii)  A notice of final determination of parking,
24         standing, or compliance, or automated traffic law
25         violation liability. This notice shall be sent
26         following a final determination of parking, standing,
27         or compliance, or automated traffic law violation
28         liability and the conclusion of judicial review
29         procedures taken under this Section. The notice shall
30         state that the unpaid fine or penalty is a debt due and
31         owing the municipality. The notice shall contain
32         warnings that failure to pay any fine or penalty due
33         and owing the municipality within the time specified
34         may result in the municipality's filing of a petition
35         in the Circuit Court to have the unpaid fine or penalty
36         rendered a judgment as provided by this Section, or may

 

 

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1         result in suspension of the person's drivers license
2         for failure to pay fines or penalties for 10 or more
3         parking violations under Section 6-306.5 or 5 more
4         automated traffic law violations under Section
5         11-208.5.
6         (6)  A Notice of impending drivers license suspension.
7     This notice shall be sent to the person liable for any fine
8     or penalty that remains due and owing on 10 or more parking
9     violations or 5 or more unpaid automated traffic law
10     violations. The notice shall state that failure to pay the
11     fine or penalty owing within 45 days of the notice's date
12     will result in the municipality notifying the Secretary of
13     State that the person is eligible for initiation of
14     suspension proceedings under Section 6-306.5 of this Code.
15     The notice shall also state that the person may obtain a
16     photostatic copy of an original ticket imposing a fine or
17     penalty by sending a self addressed, stamped envelope to
18     the municipality along with a request for the photostatic
19     copy. The notice of impending drivers license suspension
20     shall be sent by first class United States mail, postage
21     prepaid, to the address recorded with the Secretary of
22     State.
23         (7)  Final determinations of violation liability. A
24     final determination of violation liability shall occur
25     following failure to pay the fine or penalty after a
26     hearing officer's determination of violation liability and
27     the exhaustion of or failure to exhaust any administrative
28     review procedures provided by ordinance. Where a person
29     fails to appear at a hearing to contest the alleged
30     violation in the time and manner specified in a prior
31     mailed notice, the hearing officer's determination of
32     violation liability shall become final: (A)  upon denial
33     of a timely petition to set aside that determination, or
34     (B) upon expiration of the period for filing the petition
35     without a filing having been made.
36         (8)  A petition to set aside a determination of

 

 

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1     parking, standing, or compliance, or automated traffic law
2     violation liability that may be filed by a person owing an
3     unpaid fine or penalty. The petition shall be filed with
4     and ruled upon by the traffic compliance administrator in
5     the manner and within the time specified by ordinance. The
6     grounds for the petition may be limited to: (A) the person
7     not having been the owner or lessee of the cited vehicle on
8     the date the violation notice was issued, (B) the person
9     having already paid the fine or penalty for the violation
10     in question, and (C) excusable failure to appear at or
11     request a new date for a hearing. With regard to
12     municipalities with a population of 1 million or more, it
13     shall be grounds for dismissal of a parking violation if
14     the State registration number or vehicle make specified is
15     incorrect. After the determination of parking, standing,
16     or compliance, or automated traffic law violation
17     liability has been set aside upon a showing of just cause,
18     the registered owner shall be provided with a hearing on
19     the merits for that violation.
20         (9)  Procedures for non-residents. Procedures by which
21     persons who are not residents of the municipality may
22     contest the merits of the alleged violation without
23     attending a hearing.
24         (10)  A schedule of civil fines for violations of
25     vehicular standing, parking, and compliance, and automated
26     traffic law regulations enacted by ordinance pursuant to
27     this Section, and a schedule of penalties for late payment
28     of the fines, provided, however, that the total amount of
29     the fine and penalty for any one violation shall not exceed
30     $250.
31         (11)  Other provisions as are necessary and proper to
32     carry into effect the powers granted and purposes stated in
33     this Section.
34     (c)  Any municipality establishing vehicular standing,
35 parking, and compliance, and automated traffic law regulations
36 under this Section may also provide by ordinance for a program

 

 

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1 of vehicle immobilization for the purpose of facilitating
2 enforcement of those regulations. The program of vehicle
3 immobilization shall provide for immobilizing any eligible
4 vehicle upon the public way by presence of a restraint in a
5 manner to prevent operation of the vehicle. Any ordinance
6 establishing a program of vehicle immobilization under this
7 Section shall provide:
8         (1)  Criteria for the designation of vehicles eligible
9     for immobilization. A vehicle shall be eligible for
10     immobilization when the registered owner of the vehicle has
11     accumulated the number of unpaid final determinations of
12     parking, standing, or compliance, or automated traffic law
13     violation liability as determined by ordinance.
14         (2)  A notice of impending vehicle immobilization and
15     a right to a hearing to challenge the validity of the
16     notice by disproving liability for the unpaid final
17     determinations of parking, standing, or compliance, or
18     automated traffic law violation liability listed on the
19     notice.
20         (3)  The right to a prompt hearing after a vehicle has
21     been immobilized or subsequently towed without payment of
22     the outstanding fines and penalties on parking, standing,
23     or compliance, or automated traffic law violations for
24     which final determinations have been issued. An order
25     issued after the hearing is a final administrative decision
26     within the meaning of Section 3-101 of the Code of Civil
27     Procedure.
28         (4)  A post immobilization and post-towing notice
29     advising the registered owner of the vehicle of the right
30     to a hearing to challenge the validity of the impoundment.
31     (d)  Judicial review of final determinations of parking,
32 standing, and compliance, and automated traffic law violations
33 and final administrative decisions issued after hearings
34 regarding vehicle immobilization and impoundment made under
35 this Section shall be subject to the provisions of the
36 Administrative Review Law.

 

 

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1     (e)  Any fine, penalty, or part of any fine or any penalty
2 remaining unpaid after the exhaustion of, or the failure to
3 exhaust, administrative remedies created under this Section
4 and the conclusion of any judicial review procedures shall be a
5 debt due and owing the municipality and, as such, may be
6 collected in accordance with applicable law. Payment in full of
7 any fine or penalty resulting from a standing, parking, or
8 compliance, or automated traffic law violation shall
9 constitute a final disposition of that violation.
10     (f)  After the expiration of the period within which
11 judicial review may be sought for a final determination of
12 parking, standing, or compliance, or automated traffic law
13 violation, the municipality may commence a proceeding in the
14 Circuit Court for purposes of obtaining a judgment on the final
15 determination of violation. Nothing in this Section shall
16 prevent a municipality from consolidating multiple final
17 determinations of parking, standing, or compliance, or
18 automated traffic law violations violation against a person in
19 a proceeding. Upon commencement of the action, the municipality
20 shall file a certified copy of the final determination of
21 parking, standing, or compliance, or automated traffic law
22 violation, which shall be accompanied by a certification that
23 recites facts sufficient to show that the final determination
24 of violation was issued in accordance with this Section and the
25 applicable municipal ordinance. Service of the summons and a
26 copy of the petition may be by any method provided by Section
27 2-203 of the Code of Civil Procedure or by certified mail,
28 return receipt requested, provided that the total amount of
29 fines and penalties for final determinations of parking,
30 standing, or compliance, or automated traffic law violations
31 does not exceed $2500. If the court is satisfied that the final
32 determination of parking, standing, or compliance, or
33 automated traffic law violation was entered in accordance with
34 the requirements of this Section and the applicable municipal
35 ordinance, and that the registered owner or the lessee, as the
36 case may be, had an opportunity for an administrative hearing

 

 

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1 and for judicial review as provided in this Section, the court
2 shall render judgment in favor of the municipality and against
3 the registered owner or the lessee for the amount indicated in
4 the final determination of parking, standing, or compliance, or
5 automated traffic law violation, plus costs. The judgment shall
6 have the same effect and may be enforced in the same manner as
7 other judgments for the recovery of money.
8 (Source: P.A. 92-695, eff. 1-1-03.)
 
9     (625 ILCS 5/11-208.5 new)
10     Sec. 11-208.5. Automated traffic law enforcement system.
11     (a)  As used in this Section, "automated traffic law
12 enforcement system" means a device with one or more motor
13 vehicle sensors working in conjunction with:
14         (1)  a red light signal to produce recorded images of
15     motor vehicles entering an intersection against a red
16     signal indication in violation of Section 11-306 of this
17     Code or a similar provision of a local ordinance;
18         (2)  a speed measuring device to produce recorded
19     images of motor vehicles traveling at a prohibited rate of
20     speed; or
21         (3)  any other traffic control device designed to
22     enhance highway safety.
23     An automated traffic law enforcement system is a system in
24 a municipality or county operated by a governmental agency, in
25 cooperation with a law enforcement agency, that produces a
26 recorded image of a motor vehicle's violation of a provision of
27 this Code or a local ordinance and is designed to obtain a
28 clear recorded image of the vehicle and the vehicle's license
29 plate. The recorded image must also display the time, date, and
30 location of the violation.
31     (b)  As used in this Section, "recorded images" means
32 images recorded by an automated traffic law enforcement system
33 on:
34         (1)  2 or more photographs;
35         (2)  2 or more microphotographs;

 

 

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1         (3)  2 or more electronic images; or
2         (4)  a videotape showing the motor vehicle and, on at
3     least one image or portion of tape, clearly identifying the
4     registration plate number of the motor vehicle.
5     (c)  For each violation of a provision of this Code or a
6 local ordinance recorded by an automatic traffic law
7 enforcement system, the local law enforcement agency having
8 jurisdiction shall issue a written citation and a notice of the
9 violation to the registered owner of the vehicle as the alleged
10 violator. The citation and notice shall be delivered to the
11 registered owner of the vehicle, by mail, within 30 days of the
12 violation.
13     The citation shall include:
14         (1)  the name and address of the registered owner of
15     the vehicle;
16         (2)  the registration number of the motor vehicle
17     involved in the violation;
18         (3)  the violation charged;
19         (4)  the location where the violation occurred;
20         (5)  the date and time of the violation;
21         (6)  a copy of the recorded images;
22         (7)  the amount of the civil penalty imposed and the
23     date by which the civil penalty should be paid;
24         (8)  a signed statement by a technician employed by the
25     agency that, based on inspection of recorded images, the
26     motor vehicle was being operated in violation of a
27     automated traffic law enforcement system;
28         (9)  a statement that recorded images are evidence of a
29     violation of a traffic control device or posted rate of
30     speed; and
31         (10)  warning that failure to pay the civil penalty or
32     to contest liability in a timely manner is an admission of
33     liability and may result in a suspension of the driving
34     privileges of the registered owner of the vehicle.
35     (d)  The citation issued to the registered owner of the
36 vehicle shall be accompanied by a written notice, the contents

 

 

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1 of which is set forth in subsection (e) of this Section,
2 explaining how the registered owner of the vehicle can elect to
3 proceed by either paying the civil penalty or challenging the
4 issuance of the citation.
5     (e)  The written notice explaining the alleged violator's
6 rights and obligations must include the following text:
7     "You have been served with the accompanying citation and
8     cited with having violated Section 11-208.5 of the Illinois
9     Vehicle Code. You can elect to proceed by:
10         1.  paying the fine; or
11         2.  challenging the issuance of the Citation in
12     court."
13     (f)  If a person charged with a traffic violation, as a
14 result of automated traffic law enforcement system, does not
15 pay or successfully contest the civil penalty resulting from
16 that violation, the Secretary of State shall suspend the
17 driving privileges of the registered owner of the vehicle under
18 Section 6-306.5 of this Code for failing to pay any fine or
19 penalty due and owing as a result of 5 violations of the
20 automated traffic law enforcement system.
21     (g)  Based on inspection of recorded images produced by an
22 automated traffic law enforcement system, a citation or a copy
23 of a citation alleging that the violation occurred and signed
24 by a duly authorized agent of the agency shall be evidence of
25 the facts contained in the citation or copy and admissible in
26 any proceeding alleging a violation under this Section.
27     (h)  Recorded images made by an automatic traffic law
28 enforcement system are confidential and shall be made available
29 only to the alleged violator and governmental and law
30 enforcement agencies for purposes of adjudicating a violation
31 of this Section. Any recorded image evidencing a violation of
32 this Section, however, is admissible in any proceeding
33 resulting from the issuance of the citation when there is
34 reasonable and sufficient proof of the accuracy of the camera
35 or electronic instrument recording the image. There is a
36 rebuttable presumption that the recorded image is accurate if

 

 

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1 the camera or electronic recording instrument was in good
2 working order at the beginning and the end of the day of the
3 alleged offense.
4     (i)  The court may consider in defense of a violation:
5         (1)  that the motor vehicle or registration plates of
6     the motor vehicle were stolen before the violation occurred
7     and not under the control of or in the possession of the
8     owner at the time of the violation;
9         (2)  with respect to an alleged automated red light
10     violation, that the driver of the vehicle passed through
11     the intersection when the light was red either (i) in order
12     to yield the right-of-way to an emergency vehicle or (ii)
13     as part of a funeral procession; and
14         (3)  any other evidence or issues that the Court deems
15     pertinent.
16     (j)  To demonstrate that the motor vehicle or the
17 registration plates were stolen before the violation occurred
18 and were not under the control or possession of the owner at
19 the time of the violation, the owner must submit proof that a
20 police report concerning the stolen motor vehicle or
21 registration plates was filed in a timely manner.
22     (k)  Unless the driver of the motor vehicle received a
23 Uniform Traffic Citation from a police officer at the time of
24 the violation, the motor vehicle owner is subject to a civil
25 penalty not exceeding $500 if the motor vehicle is recorded by
26 an automated traffic law enforcement system. A violation for
27 which a civil penalty is imposed under this Section is not a
28 violation of a traffic regulation governing the movement of
29 vehicles and may not be recorded on the driving record of the
30 owner of the vehicle.
31     (l)  A roadway or intersection equipped with an automated
32 traffic law enforcement system must be posted with a sign
33 visible to approaching traffic indicating that the roadway or
34 intersection is being monitored by an automated traffic law
35 enforcement system.
36     (m)  The compensation paid for an automated traffic law

 

 

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1 enforcement system must be based on the value of the equipment
2 or the services provided and may not be based on the number of
3 traffic citations issued or the revenue generated by the
4 system.
 
5     (625 ILCS 5/11-306)   (from Ch. 95 1/2, par. 11-306)
6     Sec. 11-306. Traffic-control signal legend. Whenever
7 traffic is controlled by traffic-control signals exhibiting
8 different colored lights or color lighted arrows, successively
9 one at a time or in combination, only the colors green, red and
10 yellow shall be used, except for special pedestrian signals
11 carrying a word legend, and the lights shall indicate and apply
12 to drivers of vehicles and pedestrians as follows:
13     (a)  Green indication.
14         1.  Vehicular traffic facing a circular green signal
15     may proceed straight through or turn right or left unless a
16     sign at such place prohibits either such turn. Vehicular
17     traffic, including vehicles turning right or left, shall
18     yield the right of way to other vehicles and to pedestrians
19     lawfully within the intersection or an adjacent crosswalk
20     at the time such signal is exhibited.
21         2.  Vehicular traffic facing a green arrow signal,
22     shown alone or in combination with another indication, may
23     cautiously enter the intersection only to make the movement
24     indicated by such arrow, or such other movement as is
25     permitted by other indications shown at the same time. Such
26     vehicular traffic shall yield the right of way to
27     pedestrians lawfully within an adjacent crosswalk and to
28     other traffic lawfully using the intersection.
29         3.  Unless otherwise directed by a pedestrian-control
30     signal, as provided in Section 11-307, pedestrians facing
31     any green signal, except when the sole green signal is a
32     turn arrow, may proceed across the roadway within any
33     marked or unmarked crosswalk.
34     (b)  Steady yellow indication.
35         1.  Vehicular traffic facing a steady circular yellow

 

 

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1     or yellow arrow signal is thereby warned that the related
2     green movement is being terminated or that a red indication
3     will be exhibited immediately thereafter.
4         2.  Pedestrians facing a steady circular yellow or
5     yellow arrow signal, unless otherwise directed by a
6     pedestrian-control signal as provided in Section 11-307,
7     are thereby advised that there is insufficient time to
8     cross the roadway before a red indication is shown and no
9     pedestrian shall then start to cross the roadway.
10     (c)  Steady red indication.
11         1.  Except as provided in paragraph 3 of this
12     subsection (c), vehicular traffic facing a steady circular
13     red signal alone shall stop at a clearly marked stop line,
14     but if there is no such stop line, before entering the
15     crosswalk on the near side of the intersection, or if there
16     is no such crosswalk, then before entering the
17     intersection, and shall remain standing until an
18     indication to proceed is shown.
19         2.  Except as provided in paragraph 3 of this
20     subsection (c), vehicular traffic facing a steady red arrow
21     signal shall not enter the intersection to make the
22     movement indicated by the arrow and, unless entering the
23     intersection to make a movement permitted by another
24     signal, shall stop at a clearly marked stop line, but if
25     there is no such stop line, before entering the crosswalk
26     on the near side of the intersection, or if there is no
27     such crosswalk, then before entering the intersection, and
28     shall remain standing until an indication permitting the
29     movement indicated by such red arrow is shown.
30         3.  Except when a sign is in place prohibiting a turn
31     and local authorities by ordinance or State authorities by
32     rule or regulation prohibit any such turn, vehicular
33     traffic facing any steady red signal may cautiously enter
34     the intersection to turn right, or to turn left from a
35     one-way street into a one-way street, after stopping as
36     required by paragraph 1 or paragraph 2 of this subsection.

 

 

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1     After stopping, the driver shall yield the right of way to
2     any vehicle in the intersection or approaching on another
3     roadway so closely as to constitute an immediate hazard
4     during the time such driver is moving across or within the
5     intersection or junction or roadways. Such driver shall
6     yield the right of way to pedestrians within the
7     intersection or an adjacent crosswalk.
8         4.  Unless otherwise directed by a pedestrian-control
9     signal as provided in Section 11-307, pedestrians facing a
10     steady circular red or red arrow signal alone shall not
11     enter the roadway.
12         5.  A municipality with a population of 1,000,000 or
13     more may enact an ordinance that provides for the use of an
14     automated red light enforcement system to enforce
15     violations of this subsection (c) that result in or involve
16     a motor vehicle accident, leaving the scene of a motor
17     vehicle accident, or reckless driving that results in
18     bodily injury.
19         This paragraph 5 is subject to prosecutorial
20     discretion that is consistent with applicable law.
21     (d)  In the event an official traffic control signal is
22 erected and maintained at a place other than an intersection,
23 the provisions of this Section shall be applicable except as to
24 provisions which by their nature can have no application. Any
25 stop required shall be at a traffic sign or a marking on the
26 pavement indicating where the stop shall be made or, in the
27 absence of such sign or marking, the stop shall be made at the
28 signal.
29     (e)  The motorman of any streetcar shall obey the above
30 signals as applicable to vehicles.
31 (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)
 
32     (625 ILCS 5/1-105.5 rep.)
33     Section 10. The Illinois Vehicle Code is amended by
34 repealing Section 1-105.5.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.