Full Text of HB3132 102nd General Assembly
HB3132 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3132 Introduced 2/19/2021, by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that 30 days after the effective date of the bill, the Department of Transportation shall conduct a study evaluating automated traffic law enforcement systems. Provides that on or before December 31, 2021, the Department shall file a report with the General Assembly with the results from the study, including input from local law enforcement, and any recommendations the Department deems necessary. Effective immediately.
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| | 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 | 5 | | changing Section 11-208.6 as follows:
| 6 | | (625 ILCS 5/11-208.6)
| 7 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 8 | | (a) As used in this Section, "automated traffic law | 9 | | enforcement
system" means a device with one or more motor | 10 | | vehicle sensors working
in conjunction with a red light signal | 11 | | to produce recorded images of
motor vehicles entering an | 12 | | intersection against a red signal
indication in violation of | 13 | | Section 11-306 of this Code or a similar provision
of a local | 14 | | ordinance.
| 15 | | An
automated traffic law enforcement system is a system, | 16 | | in a municipality or
county operated by a
governmental agency, | 17 | | that
produces a recorded image of a motor vehicle's
violation | 18 | | of a provision of this Code or a local ordinance
and is | 19 | | designed to obtain a clear recorded image of the
vehicle and | 20 | | the vehicle's license plate. The recorded image must also
| 21 | | display the time, date, and location of the violation.
| 22 | | (b) As used in this Section, "recorded images" means | 23 | | images
recorded by an automated traffic law enforcement system |
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| 1 | | on:
| 2 | | (1) 2 or more photographs;
| 3 | | (2) 2 or more microphotographs;
| 4 | | (3) 2 or more electronic images; or
| 5 | | (4) a video recording showing the motor vehicle and, | 6 | | on at
least one image or portion of the recording, clearly | 7 | | identifying the
registration plate or digital registration | 8 | | plate number of the motor vehicle.
| 9 | | (b-5) A municipality or
county that
produces a recorded | 10 | | image of a motor vehicle's
violation of a provision of this | 11 | | Code or a local ordinance must make the recorded images of a | 12 | | violation accessible to the alleged violator by providing the | 13 | | alleged violator with a website address, accessible through | 14 | | the Internet. | 15 | | (c) Except as provided under Section 11-208.8 of this | 16 | | Code, a county or municipality, including a home rule county | 17 | | or municipality, may not use an automated traffic law | 18 | | enforcement system to provide recorded images of a motor | 19 | | vehicle for the purpose of recording its speed. Except as | 20 | | provided under Section 11-208.8 of this Code, the regulation | 21 | | of the use of automated traffic law enforcement systems to | 22 | | record vehicle speeds is an exclusive power and function of | 23 | | the State. This subsection (c) is a denial and limitation of | 24 | | home rule powers and functions under subsection (h) of Section | 25 | | 6 of Article VII of the Illinois Constitution.
| 26 | | (c-5) A county or municipality, including a home rule |
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| 1 | | county or municipality, may not use an automated traffic law | 2 | | enforcement system to issue violations in instances where the | 3 | | motor vehicle comes to a complete stop and does not enter the | 4 | | intersection, as defined by Section 1-132 of this Code, during | 5 | | the cycle of the red signal indication unless one or more | 6 | | pedestrians or bicyclists are present, even if the motor | 7 | | vehicle stops at a point past a stop line or crosswalk where a | 8 | | driver is required to stop, as specified in subsection (c) of | 9 | | Section 11-306 of this Code or a similar provision of a local | 10 | | ordinance. | 11 | | (c-6) A county, or a municipality with less than 2,000,000 | 12 | | inhabitants, including a home rule county or municipality, may | 13 | | not use an automated traffic law enforcement system to issue | 14 | | violations in instances where a motorcyclist enters an | 15 | | intersection against a red signal
indication when the red | 16 | | signal fails to change to a green signal within a reasonable | 17 | | period of time not less than 120 seconds because of a signal | 18 | | malfunction or because the signal has failed to detect the | 19 | | arrival of the motorcycle due to the motorcycle's size or | 20 | | weight. | 21 | | (d) For each violation of a provision of this Code or a | 22 | | local ordinance
recorded by an automatic
traffic law | 23 | | enforcement system, the county or municipality having
| 24 | | jurisdiction shall issue a written notice of the
violation to | 25 | | the registered owner of the vehicle as the alleged
violator. | 26 | | The notice shall be delivered to the registered
owner of the |
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| 1 | | vehicle, by mail, within 30 days after the Secretary of State | 2 | | notifies the municipality or county of the identity of the | 3 | | owner of the vehicle, but in no event later than 90 days after | 4 | | the violation.
| 5 | | The notice shall include:
| 6 | | (1) the name and address of the registered owner of | 7 | | the
vehicle;
| 8 | | (2) the registration number of the motor vehicle
| 9 | | involved in the violation;
| 10 | | (3) the violation charged;
| 11 | | (4) the location where the violation occurred;
| 12 | | (5) the date and time of the violation;
| 13 | | (6) a copy of the recorded images;
| 14 | | (7) the amount of the civil penalty imposed and the | 15 | | requirements of any traffic education program imposed and | 16 | | the date
by which the civil penalty should be paid and the | 17 | | traffic education program should be completed;
| 18 | | (8) a statement that recorded images are evidence of a
| 19 | | violation of a red light signal;
| 20 | | (9) a warning that failure to pay the civil penalty, | 21 | | to complete a required traffic education program, or to
| 22 | | contest liability in a timely manner is an admission of
| 23 | | liability and may result in a suspension of the driving
| 24 | | privileges of the registered owner of the vehicle;
| 25 | | (10) a statement that the person may elect to proceed | 26 | | by:
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| 1 | | (A) paying the fine, completing a required traffic | 2 | | education program, or both; or
| 3 | | (B) challenging the charge in court, by mail, or | 4 | | by administrative hearing; and
| 5 | | (11) a website address, accessible through the | 6 | | Internet, where the person may view the recorded images of | 7 | | the violation. | 8 | | (e) If a person
charged with a traffic violation, as a | 9 | | result of an automated traffic law
enforcement system, does | 10 | | not pay the fine or complete a required traffic education | 11 | | program, or both, or successfully contest the civil
penalty | 12 | | resulting from that violation, the Secretary of State shall | 13 | | suspend the
driving privileges of the
registered owner of the | 14 | | vehicle under Section 6-306.5 of this Code for failing
to | 15 | | complete a required traffic education program or to pay any | 16 | | fine or penalty
due and owing, or both, as a result of a | 17 | | combination of 5 violations of the automated traffic law
| 18 | | enforcement system or the automated speed enforcement system | 19 | | under Section 11-208.8 of this Code.
| 20 | | (f) Based on inspection of recorded images produced by an
| 21 | | automated traffic law enforcement system, a notice alleging | 22 | | that the violation occurred shall be evidence of the facts | 23 | | contained
in the notice and admissible in any proceeding | 24 | | alleging a
violation under this Section.
| 25 | | (g) Recorded images made by an automatic traffic law
| 26 | | enforcement system are confidential and shall be made
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| 1 | | available only to the alleged violator and governmental and
| 2 | | law enforcement agencies for purposes of adjudicating a
| 3 | | violation of this Section, for statistical purposes, or for | 4 | | other governmental purposes. Any recorded image evidencing a
| 5 | | violation of this Section, however, may be admissible in
any | 6 | | proceeding resulting from the issuance of the citation.
| 7 | | (h) The court or hearing officer may consider in defense | 8 | | of a violation:
| 9 | | (1) that the motor vehicle or registration plates or | 10 | | digital registration plates of the motor
vehicle were | 11 | | stolen before the violation occurred and not
under the | 12 | | control of or in the possession of the owner at
the time of | 13 | | the violation;
| 14 | | (2) that the driver of the vehicle passed through the
| 15 | | intersection when the light was red either (i) in order to
| 16 | | yield the right-of-way to an emergency vehicle or (ii) as
| 17 | | part of a funeral procession; and
| 18 | | (3) any other evidence or issues provided by municipal | 19 | | or county ordinance.
| 20 | | (i) To demonstrate that the motor vehicle or the | 21 | | registration
plates or digital registration plates were stolen | 22 | | before the violation occurred and were not under the
control | 23 | | or possession of the owner at the time of the violation, the
| 24 | | owner must submit proof that a report concerning the stolen
| 25 | | motor vehicle or registration plates was filed with a law | 26 | | enforcement agency in a timely manner.
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| 1 | | (j) Unless the driver of the motor vehicle received a | 2 | | Uniform
Traffic Citation from a police officer at the time of | 3 | | the violation,
the motor vehicle owner is subject to a civil | 4 | | penalty not exceeding
$100 or the completion of a traffic | 5 | | education program, or both, plus an additional penalty of not | 6 | | more than $100 for failure to pay the original penalty or to | 7 | | complete a required traffic education program, or both, in a | 8 | | timely manner, if the motor vehicle is recorded by an | 9 | | automated traffic law
enforcement system. A violation for | 10 | | which a civil penalty is imposed
under this Section is not a | 11 | | violation of a traffic regulation governing
the movement of | 12 | | vehicles and may not be recorded on the driving record
of the | 13 | | owner of the vehicle.
| 14 | | (j-3) A registered owner who is a holder of a valid | 15 | | commercial driver's license is not required to complete a | 16 | | traffic education program. | 17 | | (j-5) For purposes of the required traffic education | 18 | | program only, a registered owner may submit an affidavit to | 19 | | the court or hearing officer swearing that at the time of the | 20 | | alleged violation, the vehicle was in the custody and control | 21 | | of another person. The affidavit must identify the person in | 22 | | custody and control of the vehicle, including the person's | 23 | | name and current address. The person in custody and control of | 24 | | the vehicle at the time of the violation is required to | 25 | | complete the required traffic education program. If the person | 26 | | in custody and control of the vehicle at the time of the |
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| 1 | | violation completes the required traffic education program, | 2 | | the registered owner of the vehicle is not required to | 3 | | complete a traffic education program. | 4 | | (k) An intersection equipped with an automated traffic law
| 5 | | enforcement system must be posted with a sign visible to | 6 | | approaching traffic
indicating that the intersection is being | 7 | | monitored by an automated
traffic law enforcement system. | 8 | | (k-3) A municipality or
county that has one or more | 9 | | intersections equipped with an automated traffic law
| 10 | | enforcement system must provide notice to drivers by posting | 11 | | the locations of automated traffic law systems on the | 12 | | municipality or county website.
| 13 | | (k-5) An intersection equipped with an automated traffic | 14 | | law
enforcement system must have a yellow change interval that | 15 | | conforms with the Illinois Manual on Uniform Traffic Control | 16 | | Devices (IMUTCD) published by the Illinois Department of | 17 | | Transportation. | 18 | | (k-7) A municipality or county operating an automated | 19 | | traffic law enforcement system shall conduct a statistical | 20 | | analysis to assess the safety impact of each automated traffic | 21 | | law enforcement system at an intersection following | 22 | | installation of the system. The statistical analysis shall be | 23 | | based upon the best available crash, traffic, and other data, | 24 | | and shall cover a period of time before and after installation | 25 | | of the system sufficient to provide a statistically valid | 26 | | comparison of safety impact. The statistical analysis shall be |
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| 1 | | consistent with professional judgment and acceptable industry | 2 | | practice. The statistical analysis also shall be consistent | 3 | | with the data required for valid comparisons of before and | 4 | | after conditions and shall be conducted within a reasonable | 5 | | period following the installation of the automated traffic law | 6 | | enforcement system. The statistical analysis required by this | 7 | | subsection (k-7) shall be made available to the public and | 8 | | shall be published on the website of the municipality or | 9 | | county. If the statistical analysis for the 36 month period | 10 | | following installation of the system indicates that there has | 11 | | been an increase in the rate of accidents at the approach to | 12 | | the intersection monitored by the system, the municipality or | 13 | | county shall undertake additional studies to determine the | 14 | | cause and severity of the accidents, and may take any action | 15 | | that it determines is necessary or appropriate to reduce the | 16 | | number or severity of the accidents at that intersection. | 17 | | (k-10) Thirty days after the effective date of this | 18 | | amendatory Act of the 102nd General Assembly, the Department | 19 | | shall conduct a study evaluating automated traffic law | 20 | | enforcement systems in this State. On or before December 31, | 21 | | 2021, the Department shall file a report with the General | 22 | | Assembly which shall include input from local law enforcement | 23 | | on the overall operation, usage, permit process, and | 24 | | regulation of automated traffic law enforcement systems and | 25 | | any recommendations the Department deems necessary. | 26 | | (l) 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 | | (m) This Section applies only to the counties of Cook, | 6 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 7 | | to municipalities located within those counties.
| 8 | | (n) The fee for participating in a traffic education | 9 | | program under this Section shall not exceed $25. | 10 | | A low-income individual required to complete a traffic | 11 | | education program under this Section who provides proof of | 12 | | eligibility for the federal earned income tax credit under | 13 | | Section 32 of the Internal Revenue Code or the Illinois earned | 14 | | income tax credit under Section 212 of the Illinois Income Tax | 15 | | Act shall not be required to pay any fee for participating in a | 16 | | required traffic education program. | 17 | | (o) A municipality or county shall make a certified report | 18 | | to the Secretary of State pursuant to Section 6-306.5 of this | 19 | | Code whenever a registered owner of a vehicle has failed to pay | 20 | | any
fine or penalty due and owing as a result of a combination | 21 | | of 5 offenses for automated traffic
law or speed enforcement | 22 | | system violations. | 23 | | (p) No person who is the lessor of a motor vehicle pursuant | 24 | | to a written lease agreement shall be liable for an automated | 25 | | speed or traffic law enforcement system violation involving | 26 | | such motor vehicle during the period of the lease; provided |
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| 1 | | that upon the request of the appropriate authority received | 2 | | within 120 days after the violation occurred, the lessor | 3 | | provides within 60 days after such receipt the name and | 4 | | address of the lessee. The drivers license number of a lessee | 5 | | may be subsequently individually requested by the appropriate | 6 | | authority if needed for enforcement of this Section. | 7 | | Upon the provision of information by the lessor pursuant | 8 | | to this subsection, the county or municipality may issue the | 9 | | violation to the lessee of the vehicle in the same manner as it | 10 | | would issue a violation to a registered owner of a vehicle | 11 | | pursuant to this Section, and the lessee may be held liable for | 12 | | the violation. | 13 | | (Source: P.A. 101-395, eff. 8-16-19.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law. |
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