Executive Committee

Adopted in House Comm. on Nov 19, 2008

 

 


 

 


 
09500SB0113ham001 LRB095 03951 RLJ 53566 a

1
AMENDMENT TO SENATE BILL 113

2     AMENDMENT NO. ______. Amend Senate Bill 113 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Municipal Code is amended by
5 changing Sections 1-2-1 and 1-2-1.1 as follows:
 
6     (65 ILCS 5/1-2-1)  (from Ch. 24, par. 1-2-1)
7     Sec. 1-2-1. The corporate authorities of each municipality
8 may pass all ordinances and make all rules and regulations
9 proper or necessary, to carry into effect the powers granted to
10 municipalities, with such fines or penalties as may be deemed
11 proper. No fine or penalty, however, except civil penalties
12 provided for failure to make returns or to pay any taxes levied
13 by the municipality shall exceed $750 and no imprisonment
14 authorized in Section 1-2-9 for failure to pay any fine,
15 penalty or cost shall exceed 6 months for one offense.
16     A penalty imposed for violation of an ordinance may

 

 

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1 include, or consist of, a requirement that the defendant do one
2 or both of the following:
3         (1) Complete an education program.
4         (2) Perform perform some reasonable public service
5     work such as but not limited to the picking up of litter in
6     public parks or along public highways or the maintenance of
7     public facilities.
8     A default in the payment of a fine or penalty or any
9 installment of a fine or penalty may be collected by any means
10 authorized for the collection of monetary judgments. The
11 municipal attorney of the municipality in which the fine or
12 penalty was imposed may retain attorneys and private collection
13 agents for the purpose of collecting any default in payment of
14 any fine or penalty or installment of that fine or penalty. Any
15 fees or costs incurred by the municipality with respect to
16 attorneys or private collection agents retained by the
17 municipal attorney under this Section shall be charged to the
18 offender.
19 (Source: P.A. 95-389, eff. 1-1-08.)
 
20     (65 ILCS 5/1-2-1.1)  (from Ch. 24, par. 1-2-1.1)
21     Sec. 1-2-1.1. The corporate authorities of each
22 municipality may pass ordinances, not inconsistent with the
23 criminal laws of this State, to regulate any matter expressly
24 within the authorized powers of the municipality, or incidental
25 thereto, making violation thereof a misdemeanor punishable by

 

 

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1 incarceration in a penal institution other than the
2 penitentiary not to exceed 6 months. The municipality is
3 authorized to prosecute violations of penal ordinances enacted
4 under this Section as criminal offenses by its corporate
5 attorney in the circuit court by an information, or complaint
6 sworn to, charging such offense. The prosecution shall be under
7 and conform to the rules of criminal procedure. Conviction
8 shall require the municipality to establish the guilt of the
9 defendant beyond reasonable doubt.
10     A penalty imposed for violation of an ordinance may
11 include, or consist of, a requirement that the defendant do one
12 or both of the following:
13         (1) Complete an education program.
14         (2) Perform perform some reasonable public service
15     work such as but not limited to the picking up of litter in
16     public parks or along public highways or the maintenance of
17     public facilities.
18     This Section shall not apply to or affect ordinances now or
19 hereafter enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3,
20 11-5-4, 11-5-5, 11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3,
21 11-80-9 and 11-80-16 of the Illinois Municipal Code, as now or
22 hereafter amended, nor to Sections enacted after this 1969
23 amendment which replace or add to the Sections herein
24 enumerated, nor to ordinances now in force or hereafter enacted
25 pursuant to authority granted to local authorities by Section
26 11-208 of "The Illinois Vehicle Code", approved September 29,

 

 

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1 1969, as now or hereafter amended.
2 (Source: P.A. 86-299.)
 
3     Section 10. The Illinois Vehicle Code is amended by
4 changing Sections 11-208.3 and 11-208.6 as follows:
 
5     (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
6     Sec. 11-208.3. Administrative adjudication of violations
7 of traffic regulations concerning the standing, parking, or
8 condition of vehicles and automated traffic law violations.
9     (a) Any municipality may provide by ordinance for a system
10 of administrative adjudication of vehicular standing and
11 parking violations and vehicle compliance violations as
12 defined in this subsection and automated traffic law violations
13 as defined in Section 11-208.6. The administrative system shall
14 have as its purpose the fair and efficient enforcement of
15 municipal regulations through the administrative adjudication
16 of automated traffic law violations and violations of municipal
17 ordinances regulating the standing and parking of vehicles, the
18 condition and use of vehicle equipment, and the display of
19 municipal wheel tax licenses within the municipality's
20 borders. The administrative system shall only have authority to
21 adjudicate civil offenses carrying fines not in excess of $250
22 or requiring the completion of a traffic education program, or
23 both, that occur after the effective date of the ordinance
24 adopting such a system under this Section. For purposes of this

 

 

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1 Section, "compliance violation" means a violation of a
2 municipal regulation governing the condition or use of
3 equipment on a vehicle or governing the display of a municipal
4 wheel tax license.
5     (b) Any ordinance establishing a system of administrative
6 adjudication under this Section shall provide for:
7         (1) A traffic compliance administrator authorized to
8     adopt, distribute and process parking, compliance, and
9     automated traffic law violation notices and other notices
10     required by this Section, collect money paid as fines and
11     penalties for violation of parking and compliance
12     ordinances and automated traffic law violations, and
13     operate an administrative adjudication system. The traffic
14     compliance administrator also may make a certified report
15     to the Secretary of State under Section 6-306.5.
16         (2) A parking, standing, compliance, or automated
17     traffic law violation notice that shall specify the date,
18     time, and place of violation of a parking, standing,
19     compliance, or automated traffic law regulation; the
20     particular regulation violated; any requirement to
21     complete a traffic education program; the fine and any
22     penalty that may be assessed for late payment or failure to
23     complete a required traffic education program, or both,
24     when so provided by ordinance; the vehicle make and state
25     registration number; and the identification number of the
26     person issuing the notice. With regard to automated traffic

 

 

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1     law violations, vehicle make shall be specified on the
2     automated traffic law violation notice if the make is
3     available and readily discernible. With regard to
4     municipalities with a population of 1 million or more, it
5     shall be grounds for dismissal of a parking violation if
6     the state registration number or vehicle make specified is
7     incorrect. The violation notice shall state that the
8     completion of any required traffic education program, the
9     payment of any the indicated fine, and the payment of any
10     applicable penalty for late payment or failure to complete
11     a required traffic education program, or both, shall
12     operate as a final disposition of the violation. The notice
13     also shall contain information as to the availability of a
14     hearing in which the violation may be contested on its
15     merits. The violation notice shall specify the time and
16     manner in which a hearing may be had.
17         (3) Service of the parking, standing, or compliance
18     violation notice by affixing the original or a facsimile of
19     the notice to an unlawfully parked vehicle or by handing
20     the notice to the operator of a vehicle if he or she is
21     present and service of an automated traffic law violation
22     notice by mail to the address of the registered owner of
23     the cited vehicle as recorded with the Secretary of State
24     within 30 days after the Secretary of State notifies the
25     municipality or county of the identity of the owner of the
26     vehicle, but in no event later than 90 days after the

 

 

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1     violation. A person authorized by ordinance to issue and
2     serve parking, standing, and compliance violation notices
3     shall certify as to the correctness of the facts entered on
4     the violation notice by signing his or her name to the
5     notice at the time of service or in the case of a notice
6     produced by a computerized device, by signing a single
7     certificate to be kept by the traffic compliance
8     administrator attesting to the correctness of all notices
9     produced by the device while it was under his or her
10     control. In the case of an automated traffic law violation,
11     the ordinance shall require a determination by a technician
12     employed or contracted by the municipality or county that,
13     based on inspection of recorded images, the motor vehicle
14     was being operated in violation of Section 11-208.6 or a
15     local ordinance. If the technician determines that the
16     vehicle entered the intersection as part of a funeral
17     procession or in order to yield the right-of-way to an
18     emergency vehicle, a citation shall not be issued. The
19     original or a facsimile of the violation notice or, in the
20     case of a notice produced by a computerized device, a
21     printed record generated by the device showing the facts
22     entered on the notice, shall be retained by the traffic
23     compliance administrator, and shall be a record kept in the
24     ordinary course of business. A parking, standing,
25     compliance, or automated traffic law violation notice
26     issued, signed and served in accordance with this Section,

 

 

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

 

 

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1     registered owner of the cited vehicle as recorded with the
2     Secretary of State or, if any notice to that address is
3     returned as undeliverable, to the last known address
4     recorded in a United States Post Office approved database,
5     or, under Section 11-1306 of this Code, to the lessee of
6     the cited vehicle at the last address known to the lessor
7     of the cited vehicle at the time of lease or, if any notice
8     to that address is returned as undeliverable, to the last
9     known address recorded in a United States Post Office
10     approved database. The service shall be deemed complete as
11     of the date of deposit in the United States mail. The
12     notices shall be in the following sequence and shall
13     include but not be limited to the information specified
14     herein:
15             (i) A second notice of parking, standing, or
16         compliance violation. This notice shall specify the
17         date and location of the violation cited in the
18         parking, standing, or compliance violation notice, the
19         particular regulation violated, the vehicle make and
20         state registration number, any requirement to complete
21         a traffic education program, the fine and any penalty
22         that may be assessed for late payment or failure to
23         complete a traffic education program, or both, when so
24         provided by ordinance, the availability of a hearing in
25         which the violation may be contested on its merits, and
26         the time and manner in which the hearing may be had.

 

 

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1         The notice of violation shall also state that failure
2         to complete a required traffic education program,
3         either to pay the indicated fine and any applicable
4         penalty, or to appear at a hearing on the merits in the
5         time and manner specified, will result in a final
6         determination of violation liability for the cited
7         violation in the amount of the fine or penalty
8         indicated, and that, upon the occurrence of a final
9         determination of violation liability for the failure,
10         and the exhaustion of, or failure to exhaust, available
11         administrative or judicial procedures for review, any
12         incomplete traffic education program or any unpaid
13         fine or penalty, or both, will constitute a debt due
14         and owing the municipality.
15             (ii) A notice of final determination of parking,
16         standing, compliance, or automated traffic law
17         violation liability. This notice shall be sent
18         following a final determination of parking, standing,
19         compliance, or automated traffic law violation
20         liability and the conclusion of judicial review
21         procedures taken under this Section. The notice shall
22         state that the incomplete traffic education program or
23         the unpaid fine or penalty, or both, is a debt due and
24         owing the municipality. The notice shall contain
25         warnings that failure to complete any required traffic
26         education program or to pay any fine or penalty due and

 

 

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1         owing the municipality, or both, within the time
2         specified may result in the municipality's filing of a
3         petition in the Circuit Court to have the incomplete
4         traffic education program or unpaid fine or penalty, or
5         both, rendered a judgment as provided by this Section,
6         or may result in suspension of the person's drivers
7         license for failure to complete a traffic education
8         program or to pay fines or penalties, or both, for 10
9         or more parking violations under Section 6-306.5 or 5
10         or more automated traffic law violations under Section
11         11-208.6.
12         (6) A notice Notice of impending drivers license
13     suspension. This notice shall be sent to the person liable
14     for failure to complete a required traffic education
15     program or to pay any fine or penalty that remains due and
16     owing, or both, on 10 or more parking violations or 5 or
17     more unpaid automated traffic law violations. The notice
18     shall state that failure to complete a required traffic
19     education program or to pay the fine or penalty owing, or
20     both, within 45 days of the notice's date will result in
21     the municipality notifying the Secretary of State that the
22     person is eligible for initiation of suspension
23     proceedings under Section 6-306.5 of this Code. The notice
24     shall also state that the person may obtain a photostatic
25     copy of an original ticket imposing a fine or penalty by
26     sending a self addressed, stamped envelope to the

 

 

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1     municipality along with a request for the photostatic copy.
2     The notice of impending drivers license suspension shall be
3     sent by first class United States mail, postage prepaid, to
4     the address recorded with the Secretary of State or, if any
5     notice to that address is returned as undeliverable, to the
6     last known address recorded in a United States Post Office
7     approved database.
8         (7) Final determinations of violation liability. A
9     final determination of violation liability shall occur
10     following failure to complete the required traffic
11     education program or to pay the fine or penalty, or both,
12     after a hearing officer's determination of violation
13     liability and the exhaustion of or failure to exhaust any
14     administrative review procedures provided by ordinance.
15     Where a person fails to appear at a hearing to contest the
16     alleged violation in the time and manner specified in a
17     prior mailed notice, the hearing officer's determination
18     of violation liability shall become final: (A) upon denial
19     of a timely petition to set aside that determination, or
20     (B) upon expiration of the period for filing the petition
21     without a filing having been made.
22         (8) A petition to set aside a determination of parking,
23     standing, compliance, or automated traffic law violation
24     liability that may be filed by a person owing an unpaid
25     fine or penalty. A petition to set aside a determination of
26     liability may also be filed by a person required to

 

 

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1     complete a traffic education program. The petition shall be
2     filed with and ruled upon by the traffic compliance
3     administrator in the manner and within the time specified
4     by ordinance. The grounds for the petition may be limited
5     to: (A) the person not having been the owner or lessee of
6     the cited vehicle on the date the violation notice was
7     issued, (B) the person having already completed the
8     required traffic education program or paid the fine or
9     penalty, or both, for the violation in question, and (C)
10     excusable failure to appear at or request a new date for a
11     hearing. With regard to municipalities with a population of
12     1 million or more, it shall be grounds for dismissal of a
13     parking violation if the state registration number, or
14     vehicle make if specified, is incorrect. After the
15     determination of parking, standing, compliance, or
16     automated traffic law violation liability has been set
17     aside upon a showing of just cause, the registered owner
18     shall be provided with a hearing on the merits for that
19     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, compliance, or automated
26     traffic law regulations enacted by ordinance pursuant to

 

 

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1     this Section, and a schedule of penalties for late payment
2     of the fines or failure to complete required traffic
3     education programs, provided, however, that the total
4     amount of the fine and penalty for any one violation shall
5     not exceed $250, except as provided in subsection (c) of
6     Section 11-1301.3 of this Code.
7         (11) Other provisions as are necessary and proper to
8     carry into effect the powers granted and purposes stated in
9     this Section.
10     (c) Any municipality establishing vehicular standing,
11 parking, compliance, or automated traffic law regulations
12 under this Section may also provide by ordinance for a program
13 of vehicle immobilization for the purpose of facilitating
14 enforcement of those regulations. The program of vehicle
15 immobilization shall provide for immobilizing any eligible
16 vehicle upon the public way by presence of a restraint in a
17 manner to prevent operation of the vehicle. Any ordinance
18 establishing a program of vehicle immobilization under this
19 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 has
23     accumulated the number of incomplete traffic education
24     programs or unpaid final determinations of parking,
25     standing, compliance, or automated traffic law violation
26     liability, or both, as determined by ordinance.

 

 

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1         (2) A notice of impending vehicle immobilization and a
2     right to a hearing to challenge the validity of the notice
3     by disproving liability for the incomplete traffic
4     education programs or unpaid final determinations of
5     parking, standing, compliance, or automated traffic law
6     violation liability, or both, listed on the notice.
7         (3) The right to a prompt hearing after a vehicle has
8     been immobilized or subsequently towed without the
9     completion of the required traffic education program or
10     payment of the outstanding fines and penalties on parking,
11     standing, compliance, or automated traffic law violations,
12     or both, for which final determinations have been issued.
13     An order issued after the hearing is a final administrative
14     decision within the meaning of Section 3-101 of the Code of
15     Civil Procedure.
16         (4) A post immobilization and post-towing notice
17     advising the registered owner of the vehicle of the right
18     to a hearing to challenge the validity of the impoundment.
19     (d) Judicial review of final determinations of parking,
20 standing, compliance, or automated traffic law violations and
21 final administrative decisions issued after hearings regarding
22 vehicle immobilization and impoundment made under this Section
23 shall be subject to the provisions of the Administrative Review
24 Law.
25     (e) Any fine, penalty, incomplete traffic education
26 program, or part of any fine or any penalty remaining unpaid

 

 

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1 after the exhaustion of, or the failure to exhaust,
2 administrative remedies created under this Section and the
3 conclusion of any judicial review procedures shall be a debt
4 due and owing the municipality and, as such, may be collected
5 in accordance with applicable law. Completion of any required
6 traffic education program and payment Payment in full of any
7 fine or penalty resulting from a standing, parking, compliance,
8 or automated traffic law violation shall constitute a final
9 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, 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, compliance, or automated
18 traffic law violations against a person in a proceeding. Upon
19 commencement of the action, the municipality shall file a
20 certified copy or record of the final determination of parking,
21 standing, compliance, or automated traffic law violation,
22 which shall be accompanied by a certification that recites
23 facts sufficient to show that the final determination of
24 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

 

 

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1 2-203 of the Code of Civil Procedure or by certified mail,
2 return receipt requested, provided that the total amount of
3 fines and penalties for final determinations of parking,
4 standing, compliance, or automated traffic law violations does
5 not exceed $2500. If the court is satisfied that the final
6 determination of parking, standing, compliance, or automated
7 traffic law violation was entered in accordance with the
8 requirements of this Section and the applicable municipal
9 ordinance, and that the registered owner or the lessee, as the
10 case may be, had an opportunity for an administrative hearing
11 and for judicial review as provided in this Section, the court
12 shall render judgment in favor of the municipality and against
13 the registered owner or the lessee for the amount indicated in
14 the final determination of parking, standing, compliance, or
15 automated traffic law violation, plus costs. The judgment shall
16 have the same effect and may be enforced in the same manner as
17 other judgments for the recovery of money.
18 (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06;
19 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
 
20     (625 ILCS 5/11-208.6)
21     Sec. 11-208.6. Automated traffic law enforcement system.
22     (a) As used in this Section, "automated traffic law
23 enforcement system" means a device with one or more motor
24 vehicle sensors working in conjunction with a red light signal
25 to produce recorded images of motor vehicles entering an

 

 

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1 intersection against a red signal indication in violation of
2 Section 11-306 of this Code or a similar provision of a local
3 ordinance.
4     An automated traffic law enforcement system is a system, in
5 a municipality or county operated by a governmental agency,
6 that produces a recorded image of a motor vehicle's violation
7 of a provision of this Code or a local ordinance and is
8 designed to obtain a clear recorded image of the vehicle and
9 the vehicle's license plate. The recorded image must also
10 display the time, date, and location of the violation.
11     (b) As used in this Section, "recorded images" means images
12 recorded by an automated traffic law 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, on
17     at least one image or portion of the recording, clearly
18     identifying the registration plate number of the motor
19     vehicle.
20     (c) A county or municipality, including a home rule county
21 or municipality, may not use an automated traffic law
22 enforcement system to provide recorded images of a motor
23 vehicle for the purpose of recording its speed. The regulation
24 of the use of automated traffic law enforcement systems to
25 record vehicle speeds is an exclusive power and function of the
26 State. This subsection (c) is a denial and limitation of home

 

 

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1 rule powers and functions under subsection (h) of Section 6 of
2 Article VII of the Illinois Constitution.
3     (d) For each violation of a provision of this Code or a
4 local ordinance recorded by an automatic traffic law
5 enforcement system, the county or municipality having
6 jurisdiction shall issue a written notice of the violation to
7 the registered owner of the vehicle as the alleged violator.
8 The notice shall be delivered to the registered owner of the
9 vehicle, by mail, within 30 days after the Secretary of State
10 notifies the municipality or county of the identity of the
11 owner of the vehicle, but in no event later than 90 days after
12 the violation.
13     The notice shall include:
14         (1) the name and address of the registered owner of the
15     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     requirements of any traffic education program imposed and
24     the date by which the civil penalty should be paid and the
25     traffic education program should be completed;
26         (8) a statement that recorded images are evidence of a

 

 

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1     violation of a red light signal;
2         (9) a warning that failure to pay the civil penalty, to
3     complete a required traffic education program, or to
4     contest liability in a timely manner is an admission of
5     liability and may result in a suspension of the driving
6     privileges of the registered owner of the vehicle; and
7         (10) a statement that the person may elect to proceed
8     by:
9             (A) paying the fine, completing a required traffic
10         education program, or both; or
11             (B) challenging the charge in court, by mail, or by
12         administrative hearing.
13     (e) If a person charged with a traffic violation, as a
14 result of an automated traffic law enforcement system, does not
15 pay the fine or complete a required traffic education program,
16 or both, or successfully contest the civil penalty resulting
17 from that violation, the Secretary of State shall suspend the
18 driving privileges of the registered owner of the vehicle under
19 Section 6-306.5 of this Code for failing to complete required
20 traffic education program or to pay any fine or penalty due and
21 owing, or both, as a result of 5 violations of the automated
22 traffic law enforcement system.
23     (f) Based on inspection of recorded images produced by an
24 automated traffic law enforcement system, a notice alleging
25 that the violation occurred shall be evidence of the facts
26 contained in the notice and admissible in any proceeding

 

 

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1 alleging a violation under this Section.
2     (g) Recorded images made by an automatic traffic law
3 enforcement system are confidential and shall be made available
4 only to the alleged violator and governmental and law
5 enforcement agencies for purposes of adjudicating a violation
6 of this Section, for statistical purposes, or for other
7 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     (h) The court or hearing officer may consider in defense of
11 a violation:
12         (1) that the motor vehicle or registration plates of
13     the motor vehicle were stolen before the violation occurred
14     and not under the control of or in the possession of the
15     owner at the time of the 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 or the
23 registration plates were stolen before the violation occurred
24 and were not under the control or possession of the owner at
25 the time of the violation, the owner must submit proof that a
26 report concerning the stolen motor vehicle or registration

 

 

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1 plates was filed with a law enforcement agency in a timely
2 manner.
3     (j) Unless the driver of the motor vehicle received a
4 Uniform Traffic Citation from a police officer at the time of
5 the violation, the motor vehicle owner is subject to a civil
6 penalty not exceeding $100 or the completion of a traffic
7 education program, or both, plus an additional penalty of not
8 more than $100 for failure to pay the original penalty or to
9 complete a required traffic education program, or both, in a
10 timely manner, if the motor vehicle is recorded by an automated
11 traffic law enforcement system. A violation for which a civil
12 penalty is imposed under this Section is not a violation of a
13 traffic regulation governing the movement of vehicles and may
14 not be recorded on the driving record of the owner of the
15 vehicle.
16     (k) An intersection equipped with an automated traffic law
17 enforcement system must be posted with a sign visible to
18 approaching traffic indicating that the intersection is being
19 monitored by an automated traffic law enforcement system.
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

 

 

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1 to municipalities located within those counties.
2 (Source: P.A. 94-795, eff. 5-22-06.)".