Illinois General Assembly - Full Text of HB3772
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3772  102nd General Assembly

HB3772enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3772 EnrolledLRB102 15143 RAM 20498 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-208.3, 11-208.6, 11-208.7, 11-208.8,
611-208.9, and 11-1201.1 as follows:
 
7    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
8    Sec. 11-208.3. Administrative adjudication of violations
9of traffic regulations concerning the standing, parking, or
10condition of vehicles, automated traffic law violations, and
11automated speed enforcement system violations.
12    (a) Any municipality or county may provide by ordinance
13for a system of administrative adjudication of vehicular
14standing and parking violations and vehicle compliance
15violations as described in this subsection, automated traffic
16law violations as defined in Section 11-208.6, 11-208.9, or
1711-1201.1, and automated speed enforcement system violations
18as defined in Section 11-208.8. The administrative system
19shall have as its purpose the fair and efficient enforcement
20of municipal or county regulations through the administrative
21adjudication of automated speed enforcement system or
22automated traffic law violations and violations of municipal
23or county ordinances regulating the standing and parking of

 

 

HB3772 Enrolled- 2 -LRB102 15143 RAM 20498 b

1vehicles, the condition and use of vehicle equipment, and the
2display of municipal or county wheel tax licenses within the
3municipality's or county's borders. The administrative system
4shall only have authority to adjudicate civil offenses
5carrying fines not in excess of $500 or requiring the
6completion of a traffic education program, or both, that occur
7after the effective date of the ordinance adopting such a
8system under this Section. For purposes of this Section,
9"compliance violation" means a violation of a municipal or
10county regulation governing the condition or use of equipment
11on a vehicle or governing the display of a municipal or county
12wheel tax license.
13    (b) Any ordinance establishing a system of administrative
14adjudication under this Section shall provide for:
15        (1) A traffic compliance administrator authorized to
16    adopt, distribute, and process parking, compliance, and
17    automated speed enforcement system or automated traffic
18    law violation notices and other notices required by this
19    Section, collect money paid as fines and penalties for
20    violation of parking and compliance ordinances and
21    automated speed enforcement system or automated traffic
22    law violations, and operate an administrative adjudication
23    system.
24        (2) A parking, standing, compliance, automated speed
25    enforcement system, or automated traffic law violation
26    notice that shall specify or include the date, time, and

 

 

HB3772 Enrolled- 3 -LRB102 15143 RAM 20498 b

1    place of violation of a parking, standing, compliance,
2    automated speed enforcement system, or automated traffic
3    law regulation; the particular regulation violated; any
4    requirement to complete a traffic education program; the
5    fine and any penalty that may be assessed for late payment
6    or failure to complete a required traffic education
7    program, or both, when so provided by ordinance; the
8    vehicle make or a photograph of the vehicle; the state
9    registration number of the vehicle; and the identification
10    number of the person issuing the notice. With regard to
11    automated speed enforcement system or automated traffic
12    law violations, vehicle make shall be specified on the
13    automated speed enforcement system or automated traffic
14    law violation notice if the notice does not include a
15    photograph of the vehicle and the make is available and
16    readily discernible. With regard to municipalities or
17    counties with a population of 1 million or more, it shall
18    be grounds for dismissal of a parking violation if the
19    state registration number or vehicle make specified is
20    incorrect. The violation notice shall state that the
21    completion of any required traffic education program, the
22    payment of any indicated fine, and the payment of any
23    applicable penalty for late payment or failure to complete
24    a required traffic education program, or both, shall
25    operate as a final disposition of the violation. The
26    notice also shall contain information as to the

 

 

HB3772 Enrolled- 4 -LRB102 15143 RAM 20498 b

1    availability of a hearing in which the violation may be
2    contested on its merits. The violation notice shall
3    specify the time and manner in which a hearing may be had.
4        (3) Service of a parking, standing, or compliance
5    violation notice by: (i) affixing the original or a
6    facsimile of the notice to an unlawfully parked or
7    standing vehicle; (ii) handing the notice to the operator
8    of a vehicle if he or she is present; or (iii) mailing the
9    notice to the address of the registered owner or lessee of
10    the cited vehicle as recorded with the Secretary of State
11    or the lessor of the motor vehicle within 30 days after the
12    Secretary of State or the lessor of the motor vehicle
13    notifies the municipality or county of the identity of the
14    owner or lessee of the vehicle, but not later than 90 days
15    after the date of the violation, except that in the case of
16    a lessee of a motor vehicle, service of a parking,
17    standing, or compliance violation notice may occur no
18    later than 210 days after the violation; and service of an
19    automated speed enforcement system or automated traffic
20    law violation notice by mail to the address of the
21    registered owner or lessee of the cited vehicle as
22    recorded with the Secretary of State or the lessor of the
23    motor vehicle within 30 days after the Secretary of State
24    or the lessor of the motor vehicle notifies the
25    municipality or county of the identity of the owner or
26    lessee of the vehicle, but not later than 90 days after the

 

 

HB3772 Enrolled- 5 -LRB102 15143 RAM 20498 b

1    violation, except that in the case of a lessee of a motor
2    vehicle, service of an automated traffic law violation
3    notice may occur no later than 210 days after the
4    violation. A person authorized by ordinance to issue and
5    serve parking, standing, and compliance violation notices
6    shall certify as to the correctness of the facts entered
7    on the violation notice by signing his or her name to the
8    notice at the time of service or, in the case of a notice
9    produced by a computerized device, by signing a single
10    certificate to be kept by the traffic compliance
11    administrator attesting to the correctness of all notices
12    produced by the device while it was under his or her
13    control. In the case of an automated traffic law
14    violation, the ordinance shall require a determination by
15    a technician employed or contracted by the municipality or
16    county that, based on inspection of recorded images, the
17    motor vehicle was being operated in violation of Section
18    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
19    the technician determines that the vehicle entered the
20    intersection as part of a funeral procession or in order
21    to yield the right-of-way to an emergency vehicle, a
22    citation shall not be issued. In municipalities with a
23    population of less than 1,000,000 inhabitants and counties
24    with a population of less than 3,000,000 inhabitants, the
25    automated traffic law ordinance shall require that all
26    determinations by a technician that a motor vehicle was

 

 

HB3772 Enrolled- 6 -LRB102 15143 RAM 20498 b

1    being operated in violation of Section 11-208.6, 11-208.9,
2    or 11-1201.1 or a local ordinance must be reviewed and
3    approved by a law enforcement officer or retired law
4    enforcement officer of the municipality or county issuing
5    the violation. In municipalities with a population of
6    1,000,000 or more inhabitants and counties with a
7    population of 3,000,000 or more inhabitants, the automated
8    traffic law ordinance shall require that all
9    determinations by a technician that a motor vehicle was
10    being operated in violation of Section 11-208.6, 11-208.9,
11    or 11-1201.1 or a local ordinance must be reviewed and
12    approved by a law enforcement officer or retired law
13    enforcement officer of the municipality or county issuing
14    the violation or by an additional fully trained reviewing
15    technician who is not employed by the contractor who
16    employs the technician who made the initial determination.
17    In the case of an automated speed enforcement system
18    violation, the ordinance shall require a determination by
19    a technician employed by the municipality, based upon an
20    inspection of recorded images, video or other
21    documentation, including documentation of the speed limit
22    and automated speed enforcement signage, and documentation
23    of the inspection, calibration, and certification of the
24    speed equipment, that the vehicle was being operated in
25    violation of Article VI of Chapter 11 of this Code or a
26    similar local ordinance. If the technician determines that

 

 

HB3772 Enrolled- 7 -LRB102 15143 RAM 20498 b

1    the vehicle speed was not determined by a calibrated,
2    certified speed equipment device based upon the speed
3    equipment documentation, or if the vehicle was an
4    emergency vehicle, a citation may not be issued. The
5    automated speed enforcement ordinance shall require that
6    all determinations by a technician that a violation
7    occurred be reviewed and approved by a law enforcement
8    officer or retired law enforcement officer of the
9    municipality issuing the violation or by an additional
10    fully trained reviewing technician who is not employed by
11    the contractor who employs the technician who made the
12    initial determination. Routine and independent calibration
13    of the speeds produced by automated speed enforcement
14    systems and equipment shall be conducted annually by a
15    qualified technician. Speeds produced by an automated
16    speed enforcement system shall be compared with speeds
17    produced by lidar or other independent equipment. Radar or
18    lidar equipment shall undergo an internal validation test
19    no less frequently than once each week. Qualified
20    technicians shall test loop-based equipment no less
21    frequently than once a year. Radar equipment shall be
22    checked for accuracy by a qualified technician when the
23    unit is serviced, when unusual or suspect readings
24    persist, or when deemed necessary by a reviewing
25    technician. Radar equipment shall be checked with the
26    internal frequency generator and the internal circuit test

 

 

HB3772 Enrolled- 8 -LRB102 15143 RAM 20498 b

1    whenever the radar is turned on. Technicians must be alert
2    for any unusual or suspect readings, and if unusual or
3    suspect readings of a radar unit persist, that unit shall
4    immediately be removed from service and not returned to
5    service until it has been checked by a qualified
6    technician and determined to be functioning properly.
7    Documentation of the annual calibration results, including
8    the equipment tested, test date, technician performing the
9    test, and test results, shall be maintained and available
10    for use in the determination of an automated speed
11    enforcement system violation and issuance of a citation.
12    The technician performing the calibration and testing of
13    the automated speed enforcement equipment shall be trained
14    and certified in the use of equipment for speed
15    enforcement purposes. Training on the speed enforcement
16    equipment may be conducted by law enforcement, civilian,
17    or manufacturer's personnel and if applicable may be
18    equivalent to the equipment use and operations training
19    included in the Speed Measuring Device Operator Program
20    developed by the National Highway Traffic Safety
21    Administration (NHTSA). The vendor or technician who
22    performs the work shall keep accurate records on each
23    piece of equipment the technician calibrates and tests. As
24    used in this paragraph, "fully trained reviewing
25    technician" means a person who has received at least 40
26    hours of supervised training in subjects which shall

 

 

HB3772 Enrolled- 9 -LRB102 15143 RAM 20498 b

1    include image inspection and interpretation, the elements
2    necessary to prove a violation, license plate
3    identification, and traffic safety and management. In all
4    municipalities and counties, the automated speed
5    enforcement system or automated traffic law ordinance
6    shall require that no additional fee shall be charged to
7    the alleged violator for exercising his or her right to an
8    administrative hearing, and persons shall be given at
9    least 25 days following an administrative hearing to pay
10    any civil penalty imposed by a finding that Section
11    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
12    local ordinance has been violated. The original or a
13    facsimile of the violation notice or, in the case of a
14    notice produced by a computerized device, a printed record
15    generated by the device showing the facts entered on the
16    notice, shall be retained by the traffic compliance
17    administrator, and shall be a record kept in the ordinary
18    course of business. A parking, standing, compliance,
19    automated speed enforcement system, or automated traffic
20    law violation notice issued, signed, and served in
21    accordance with this Section, a copy of the notice, or the
22    computer-generated record shall be prima facie correct and
23    shall be prima facie evidence of the correctness of the
24    facts shown on the notice. The notice, copy, or
25    computer-generated record shall be admissible in any
26    subsequent administrative or legal proceedings.

 

 

HB3772 Enrolled- 10 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 11 -LRB102 15143 RAM 20498 b

1    11-208.6 or 11-208.9, or subsection (p) of Section
2    11-208.8 of this Code, to the lessee of the cited vehicle
3    at the last address known to the lessor of the cited
4    vehicle at the time of lease or, if any notice to that
5    address is returned as undeliverable, to the last known
6    address recorded in a United States Post Office approved
7    database. The service shall be deemed complete as of the
8    date of deposit in the United States mail. The notices
9    shall be in the following sequence and shall include, but
10    not be limited to, the information specified herein:
11            (i) A second notice of parking, standing, or
12        compliance violation if the first notice of the
13        violation was issued by affixing the original or a
14        facsimile of the notice to the unlawfully parked
15        vehicle or by handing the notice to the operator. This
16        notice shall specify or include the date and location
17        of the violation cited in the parking, standing, or
18        compliance violation notice, the particular regulation
19        violated, the vehicle make or a photograph of the
20        vehicle, the state registration number of the vehicle,
21        any requirement to complete a traffic education
22        program, the fine and any penalty that may be assessed
23        for late payment or failure to complete a traffic
24        education program, or both, when so provided by
25        ordinance, the availability of a hearing in which the
26        violation may be contested on its merits, and the time

 

 

HB3772 Enrolled- 12 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 13 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 14 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 15 -LRB102 15143 RAM 20498 b

1    manner and within the time specified by ordinance. The
2    grounds for the petition may be limited to: (A) the person
3    not having been the owner or lessee of the cited vehicle on
4    the date the violation notice was issued, (B) the person
5    having already completed the required traffic education
6    program or paid the fine or penalty, or both, for the
7    violation in question, and (C) excusable failure to appear
8    at or request a new date for a hearing. With regard to
9    municipalities or counties with a population of 1 million
10    or more, it shall be grounds for dismissal of a parking
11    violation if the state registration number or vehicle
12    make, only if specified in the violation notice, is
13    incorrect. After the determination of parking, standing,
14    compliance, automated speed enforcement system, or
15    automated traffic law violation liability has been set
16    aside upon a showing of just cause, the registered owner
17    shall be provided with a hearing on the merits for that
18    violation.
19        (9) Procedures for non-residents. Procedures by which
20    persons who are not residents of the municipality or
21    county may contest the merits of the alleged violation
22    without attending a hearing.
23        (10) A schedule of civil fines for violations of
24    vehicular standing, parking, compliance, automated speed
25    enforcement system, or automated traffic law regulations
26    enacted by ordinance pursuant to this Section, and a

 

 

HB3772 Enrolled- 16 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 17 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 18 -LRB102 15143 RAM 20498 b

1be subject to the provisions of the Administrative Review Law.
2    (e) Any fine, penalty, incomplete traffic education
3program, or part of any fine or any penalty remaining unpaid
4after the exhaustion of, or the failure to exhaust,
5administrative remedies created under this Section and the
6conclusion of any judicial review procedures shall be a debt
7due and owing the municipality or county and, as such, may be
8collected in accordance with applicable law. Completion of any
9required traffic education program and payment in full of any
10fine or penalty resulting from a standing, parking,
11compliance, automated speed enforcement system, or automated
12traffic law violation shall constitute a final disposition of
13that violation.
14    (f) After the expiration of the period within which
15judicial review may be sought for a final determination of
16parking, standing, compliance, automated speed enforcement
17system, or automated traffic law violation, the municipality
18or county may commence a proceeding in the Circuit Court for
19purposes of obtaining a judgment on the final determination of
20violation. Nothing in this Section shall prevent a
21municipality or county from consolidating multiple final
22determinations of parking, standing, compliance, automated
23speed enforcement system, or automated traffic law violations
24against a person in a proceeding. Upon commencement of the
25action, the municipality or county shall file a certified copy
26or record of the final determination of parking, standing,

 

 

HB3772 Enrolled- 19 -LRB102 15143 RAM 20498 b

1compliance, automated speed enforcement system, or automated
2traffic law violation, which shall be accompanied by a
3certification that recites facts sufficient to show that the
4final determination of violation was issued in accordance with
5this Section and the applicable municipal or county ordinance.
6Service of the summons and a copy of the petition may be by any
7method provided by Section 2-203 of the Code of Civil
8Procedure or by certified mail, return receipt requested,
9provided that the total amount of fines and penalties for
10final determinations of parking, standing, compliance,
11automated speed enforcement system, or automated traffic law
12violations does not exceed $2500. If the court is satisfied
13that the final determination of parking, standing, compliance,
14automated speed enforcement system, or automated traffic law
15violation was entered in accordance with the requirements of
16this Section and the applicable municipal or county ordinance,
17and that the registered owner or the lessee, as the case may
18be, had an opportunity for an administrative hearing and for
19judicial review as provided in this Section, the court shall
20render judgment in favor of the municipality or county and
21against the registered owner or the lessee for the amount
22indicated in the final determination of parking, standing,
23compliance, automated speed enforcement system, or automated
24traffic law violation, plus costs. The judgment shall have the
25same effect and may be enforced in the same manner as other
26judgments for the recovery of money.

 

 

HB3772 Enrolled- 20 -LRB102 15143 RAM 20498 b

1    (g) The fee for participating in a traffic education
2program under this Section shall not exceed $25.
3    A low-income individual required to complete a traffic
4education program under this Section who provides proof of
5eligibility for the federal earned income tax credit under
6Section 32 of the Internal Revenue Code or the Illinois earned
7income tax credit under Section 212 of the Illinois Income Tax
8Act shall not be required to pay any fee for participating in a
9required traffic education program.
10    (h) Notwithstanding any other provision of law to the
11contrary, a person shall not be liable for violations, fees,
12fines, or penalties under this Section during the period in
13which the motor vehicle was stolen or hijacked, as indicated
14in a report to the appropriate law enforcement agency filed in
15a timely manner.
16(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
17101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
 
18    (625 ILCS 5/11-208.6)
19    Sec. 11-208.6. Automated traffic law enforcement system.
20    (a) As used in this Section, "automated traffic law
21enforcement system" means a device with one or more motor
22vehicle sensors working in conjunction with a red light signal
23to produce recorded images of motor vehicles entering an
24intersection against a red signal indication in violation of
25Section 11-306 of this Code or a similar provision of a local

 

 

HB3772 Enrolled- 21 -LRB102 15143 RAM 20498 b

1ordinance.
2    An automated traffic law enforcement system is a system,
3in a municipality or county operated by a governmental agency,
4that produces a recorded image of a motor vehicle's violation
5of a provision of this Code or a local ordinance and is
6designed to obtain a clear recorded image of the vehicle and
7the vehicle's license plate. The recorded image must also
8display the time, date, and location of the violation.
9    (b) As used in this Section, "recorded images" means
10images recorded by an automated traffic law enforcement system
11on:
12        (1) 2 or more photographs;
13        (2) 2 or more microphotographs;
14        (3) 2 or more electronic images; or
15        (4) a video recording showing the motor vehicle and,
16    on at least one image or portion of the recording, clearly
17    identifying the registration plate or digital registration
18    plate number of the motor vehicle.
19    (b-5) A municipality or county that produces a recorded
20image of a motor vehicle's violation of a provision of this
21Code or a local ordinance must make the recorded images of a
22violation accessible to the alleged violator by providing the
23alleged violator with a website address, accessible through
24the Internet.
25    (c) Except as provided under Section 11-208.8 of this
26Code, a county or municipality, including a home rule county

 

 

HB3772 Enrolled- 22 -LRB102 15143 RAM 20498 b

1or municipality, may not use an automated traffic law
2enforcement system to provide recorded images of a motor
3vehicle for the purpose of recording its speed. Except as
4provided under Section 11-208.8 of this Code, the regulation
5of the use of automated traffic law enforcement systems to
6record vehicle speeds is an exclusive power and function of
7the State. This subsection (c) is a denial and limitation of
8home rule powers and functions under subsection (h) of Section
96 of Article VII of the Illinois Constitution.
10    (c-5) A county or municipality, including a home rule
11county or municipality, may not use an automated traffic law
12enforcement system to issue violations in instances where the
13motor vehicle comes to a complete stop and does not enter the
14intersection, as defined by Section 1-132 of this Code, during
15the cycle of the red signal indication unless one or more
16pedestrians or bicyclists are present, even if the motor
17vehicle stops at a point past a stop line or crosswalk where a
18driver is required to stop, as specified in subsection (c) of
19Section 11-306 of this Code or a similar provision of a local
20ordinance.
21    (c-6) A county, or a municipality with less than 2,000,000
22inhabitants, including a home rule county or municipality, may
23not use an automated traffic law enforcement system to issue
24violations in instances where a motorcyclist enters an
25intersection against a red signal indication when the red
26signal fails to change to a green signal within a reasonable

 

 

HB3772 Enrolled- 23 -LRB102 15143 RAM 20498 b

1period of time not less than 120 seconds because of a signal
2malfunction or because the signal has failed to detect the
3arrival of the motorcycle due to the motorcycle's size or
4weight.
5    (d) For each violation of a provision of this Code or a
6local ordinance recorded by an automatic traffic law
7enforcement system, the county or municipality having
8jurisdiction shall issue a written notice of the violation to
9the registered owner of the vehicle as the alleged violator.
10The notice shall be delivered to the registered owner of the
11vehicle, by mail, within 30 days after the Secretary of State
12notifies the municipality or county of the identity of the
13owner of the vehicle, but in no event later than 90 days after
14the violation.
15    The notice shall include:
16        (1) the name and address of the registered owner of
17    the vehicle;
18        (2) the registration number of the motor vehicle
19    involved in the violation;
20        (3) the violation charged;
21        (4) the location where the violation occurred;
22        (5) the date and time of the violation;
23        (6) a copy of the recorded images;
24        (7) the amount of the civil penalty imposed and the
25    requirements of any traffic education program imposed and
26    the date by which the civil penalty should be paid and the

 

 

HB3772 Enrolled- 24 -LRB102 15143 RAM 20498 b

1    traffic education program should be completed;
2        (8) a statement that recorded images are evidence of a
3    violation of a red light signal;
4        (9) a warning that failure to pay the civil penalty,
5    to complete a required traffic education program, or to
6    contest liability in a timely manner is an admission of
7    liability;
8        (10) a statement that the person may elect to proceed
9    by:
10            (A) paying the fine, completing a required traffic
11        education program, or both; or
12            (B) challenging the charge in court, by mail, or
13        by administrative hearing; and
14        (11) a website address, accessible through the
15    Internet, where the person may view the recorded images of
16    the violation.
17    (e) (Blank).
18    (f) Based on inspection of recorded images produced by an
19automated traffic law enforcement system, a notice alleging
20that the violation occurred shall be evidence of the facts
21contained in the notice and admissible in any proceeding
22alleging a violation under this Section.
23    (g) Recorded images made by an automatic traffic law
24enforcement system are confidential and shall be made
25available only to the alleged violator and governmental and
26law enforcement agencies for purposes of adjudicating a

 

 

HB3772 Enrolled- 25 -LRB102 15143 RAM 20498 b

1violation of this Section, for statistical purposes, or for
2other governmental purposes. Any recorded image evidencing a
3violation of this Section, however, may be admissible in any
4proceeding resulting from the issuance of the citation.
5    (h) The court or hearing officer may consider in defense
6of a violation:
7        (1) that the motor vehicle or registration plates or
8    digital registration plates of the motor vehicle were
9    stolen before the violation occurred and not under the
10    control of or in the possession of the owner or lessee at
11    the time of the violation;
12        (1.5) that the motor vehicle was hijacked before the
13    violation occurred and not under the control of or in the
14    possession of the owner or lessee at the time of the
15    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 was hijacked or
23the motor vehicle or registration plates or digital
24registration plates were stolen before the violation occurred
25and were not under the control or possession of the owner or
26lessee at the time of the violation, the owner or lessee must

 

 

HB3772 Enrolled- 26 -LRB102 15143 RAM 20498 b

1submit proof that a report concerning the stolen motor vehicle
2or registration plates was filed with a law enforcement agency
3in a timely manner.
4    (j) Unless the driver of the motor vehicle received a
5Uniform Traffic Citation from a police officer at the time of
6the violation, the motor vehicle owner is subject to a civil
7penalty not exceeding $100 or the completion of a traffic
8education program, or both, plus an additional penalty of not
9more than $100 for failure to pay the original penalty or to
10complete a required traffic education program, or both, in a
11timely manner, if the motor vehicle is recorded by an
12automated traffic law enforcement system. A violation for
13which a civil penalty is imposed under this Section is not a
14violation of a traffic regulation governing the movement of
15vehicles and may not be recorded on the driving record of the
16owner of the vehicle.
17    (j-3) A registered owner who is a holder of a valid
18commercial driver's license is not required to complete a
19traffic education program.
20    (j-5) For purposes of the required traffic education
21program only, a registered owner may submit an affidavit to
22the court or hearing officer swearing that at the time of the
23alleged violation, the vehicle was in the custody and control
24of another person. The affidavit must identify the person in
25custody and control of the vehicle, including the person's
26name and current address. The person in custody and control of

 

 

HB3772 Enrolled- 27 -LRB102 15143 RAM 20498 b

1the vehicle at the time of the violation is required to
2complete the required traffic education program. If the person
3in custody and control of the vehicle at the time of the
4violation completes the required traffic education program,
5the registered owner of the vehicle is not required to
6complete a traffic education program.
7    (k) An intersection equipped with an automated traffic law
8enforcement system must be posted with a sign visible to
9approaching traffic indicating that the intersection is being
10monitored by an automated traffic law enforcement system.
11    (k-3) A municipality or county that has one or more
12intersections equipped with an automated traffic law
13enforcement system must provide notice to drivers by posting
14the locations of automated traffic law systems on the
15municipality or county website.
16    (k-5) An intersection equipped with an automated traffic
17law enforcement system must have a yellow change interval that
18conforms with the Illinois Manual on Uniform Traffic Control
19Devices (IMUTCD) published by the Illinois Department of
20Transportation.
21    (k-7) A municipality or county operating an automated
22traffic law enforcement system shall conduct a statistical
23analysis to assess the safety impact of each automated traffic
24law enforcement system at an intersection following
25installation of the system. The statistical analysis shall be
26based upon the best available crash, traffic, and other data,

 

 

HB3772 Enrolled- 28 -LRB102 15143 RAM 20498 b

1and shall cover a period of time before and after installation
2of the system sufficient to provide a statistically valid
3comparison of safety impact. The statistical analysis shall be
4consistent with professional judgment and acceptable industry
5practice. The statistical analysis also shall be consistent
6with the data required for valid comparisons of before and
7after conditions and shall be conducted within a reasonable
8period following the installation of the automated traffic law
9enforcement system. The statistical analysis required by this
10subsection (k-7) shall be made available to the public and
11shall be published on the website of the municipality or
12county. If the statistical analysis for the 36 month period
13following installation of the system indicates that there has
14been an increase in the rate of accidents at the approach to
15the intersection monitored by the system, the municipality or
16county shall undertake additional studies to determine the
17cause and severity of the accidents, and may take any action
18that it determines is necessary or appropriate to reduce the
19number or severity of the accidents at that intersection.
20    (l) The compensation paid for an automated traffic law
21enforcement system must be based on the value of the equipment
22or the services provided and may not be based on the number of
23traffic citations issued or the revenue generated by the
24system.
25    (m) This Section applies only to the counties of Cook,
26DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

 

 

HB3772 Enrolled- 29 -LRB102 15143 RAM 20498 b

1to municipalities located within those counties.
2    (n) The fee for participating in a traffic education
3program under this Section shall not exceed $25.
4    A low-income individual required to complete a traffic
5education program under this Section who provides proof of
6eligibility for the federal earned income tax credit under
7Section 32 of the Internal Revenue Code or the Illinois earned
8income tax credit under Section 212 of the Illinois Income Tax
9Act shall not be required to pay any fee for participating in a
10required traffic education program.
11    (o) (Blank).
12    (p) No person who is the lessor of a motor vehicle pursuant
13to a written lease agreement shall be liable for an automated
14speed or traffic law enforcement system violation involving
15such motor vehicle during the period of the lease; provided
16that upon the request of the appropriate authority received
17within 120 days after the violation occurred, the lessor
18provides within 60 days after such receipt the name and
19address of the lessee.
20    Upon the provision of information by the lessor pursuant
21to this subsection, the county or municipality may issue the
22violation to the lessee of the vehicle in the same manner as it
23would issue a violation to a registered owner of a vehicle
24pursuant to this Section, and the lessee may be held liable for
25the violation.
26(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 

 

 

HB3772 Enrolled- 30 -LRB102 15143 RAM 20498 b

1    (625 ILCS 5/11-208.7)
2    Sec. 11-208.7. Administrative fees and procedures for
3impounding vehicles for specified violations.
4    (a) Any county or municipality may, consistent with this
5Section, provide by ordinance procedures for the release of
6properly impounded vehicles and for the imposition of a
7reasonable administrative fee related to its administrative
8and processing costs associated with the investigation,
9arrest, and detention of an offender, or the removal,
10impoundment, storage, and release of the vehicle. The
11administrative fee imposed by the county or municipality may
12be in addition to any fees charged for the towing and storage
13of an impounded vehicle. The administrative fee shall be
14waived by the county or municipality upon verifiable proof
15that the vehicle was stolen or hijacked at the time the vehicle
16was impounded.
17    (b) An ordinance establishing procedures for the release
18of properly impounded vehicles under this Section may impose
19fees only for the following violations:
20        (1) operation or use of a motor vehicle in the
21    commission of, or in the attempt to commit, an offense for
22    which a motor vehicle may be seized and forfeited pursuant
23    to Section 36-1 of the Criminal Code of 2012; or
24        (2) driving under the influence of alcohol, another
25    drug or drugs, an intoxicating compound or compounds, or

 

 

HB3772 Enrolled- 31 -LRB102 15143 RAM 20498 b

1    any combination thereof, in violation of Section 11-501 of
2    this Code; or
3        (3) operation or use of a motor vehicle in the
4    commission of, or in the attempt to commit, a felony or in
5    violation of the Cannabis Control Act; or
6        (4) operation or use of a motor vehicle in the
7    commission of, or in the attempt to commit, an offense in
8    violation of the Illinois Controlled Substances Act; or
9        (5) operation or use of a motor vehicle in the
10    commission of, or in the attempt to commit, an offense in
11    violation of Section 24-1, 24-1.5, or 24-3.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012; or
13        (6) driving while a driver's license, permit, or
14    privilege to operate a motor vehicle is suspended or
15    revoked pursuant to Section 6-303 of this Code; except
16    that vehicles shall not be subjected to seizure or
17    impoundment if the suspension is for an unpaid citation
18    (parking or moving) or due to failure to comply with
19    emission testing; or
20        (7) operation or use of a motor vehicle while
21    soliciting, possessing, or attempting to solicit or
22    possess cannabis or a controlled substance, as defined by
23    the Cannabis Control Act or the Illinois Controlled
24    Substances Act; or
25        (8) operation or use of a motor vehicle with an
26    expired driver's license, in violation of Section 6-101 of

 

 

HB3772 Enrolled- 32 -LRB102 15143 RAM 20498 b

1    this Code, if the period of expiration is greater than one
2    year; or
3        (9) operation or use of a motor vehicle without ever
4    having been issued a driver's license or permit, in
5    violation of Section 6-101 of this Code, or operating a
6    motor vehicle without ever having been issued a driver's
7    license or permit due to a person's age; or
8        (10) operation or use of a motor vehicle by a person
9    against whom a warrant has been issued by a circuit clerk
10    in Illinois for failing to answer charges that the driver
11    violated Section 6-101, 6-303, or 11-501 of this Code; or
12        (11) operation or use of a motor vehicle in the
13    commission of, or in the attempt to commit, an offense in
14    violation of Article 16 or 16A of the Criminal Code of 1961
15    or the Criminal Code of 2012; or
16        (12) operation or use of a motor vehicle in the
17    commission of, or in the attempt to commit, any other
18    misdemeanor or felony offense in violation of the Criminal
19    Code of 1961 or the Criminal Code of 2012, when so provided
20    by local ordinance; or
21        (13) operation or use of a motor vehicle in violation
22    of Section 11-503 of this Code:
23            (A) while the vehicle is part of a funeral
24        procession; or
25            (B) in a manner that interferes with a funeral
26        procession.

 

 

HB3772 Enrolled- 33 -LRB102 15143 RAM 20498 b

1    (c) The following shall apply to any fees imposed for
2administrative and processing costs pursuant to subsection
3(b):
4        (1) All administrative fees and towing and storage
5    charges shall be imposed on the registered owner of the
6    motor vehicle or the agents of that owner.
7        (1.5) No administrative fees shall be imposed on the
8    registered owner or the agents of that owner if the motor
9    vehicle was stolen or hijacked at the time the vehicle was
10    impounded. To demonstrate that the motor vehicle was
11    hijacked or stolen at the time the vehicle was impounded,
12    the owner or the agents of the owner must submit proof that
13    a report concerning the motor vehicle was filed with a law
14    enforcement agency in a timely manner.
15        (2) The fees shall be in addition to (i) any other
16    penalties that may be assessed by a court of law for the
17    underlying violations; and (ii) any towing or storage
18    fees, or both, charged by the towing company.
19        (3) The fees shall be uniform for all similarly
20    situated vehicles.
21        (4) The fees shall be collected by and paid to the
22    county or municipality imposing the fees.
23        (5) The towing or storage fees, or both, shall be
24    collected by and paid to the person, firm, or entity that
25    tows and stores the impounded vehicle.
26    (d) Any ordinance establishing procedures for the release

 

 

HB3772 Enrolled- 34 -LRB102 15143 RAM 20498 b

1of properly impounded vehicles under this Section shall
2provide for an opportunity for a hearing, as provided in
3subdivision (b)(4) of Section 11-208.3 of this Code, and for
4the release of the vehicle to the owner of record, lessee, or a
5lienholder of record upon payment of all administrative fees
6and towing and storage fees.
7    (e) Any ordinance establishing procedures for the
8impoundment and release of vehicles under this Section shall
9include the following provisions concerning notice of
10impoundment:
11        (1) Whenever a police officer has cause to believe
12    that a motor vehicle is subject to impoundment, the
13    officer shall provide for the towing of the vehicle to a
14    facility authorized by the county or municipality.
15        (2) At the time the vehicle is towed, the county or
16    municipality shall notify or make a reasonable attempt to
17    notify the owner, lessee, or person identifying himself or
18    herself as the owner or lessee of the vehicle, or any
19    person who is found to be in control of the vehicle at the
20    time of the alleged offense, of the fact of the seizure,
21    and of the vehicle owner's or lessee's right to an
22    administrative hearing.
23        (3) The county or municipality shall also provide
24    notice that the motor vehicle will remain impounded
25    pending the completion of an administrative hearing,
26    unless the owner or lessee of the vehicle or a lienholder

 

 

HB3772 Enrolled- 35 -LRB102 15143 RAM 20498 b

1    posts with the county or municipality a bond equal to the
2    administrative fee as provided by ordinance and pays for
3    all towing and storage charges.
4    (f) Any ordinance establishing procedures for the
5impoundment and release of vehicles under this Section shall
6include a provision providing that the registered owner or
7lessee of the vehicle and any lienholder of record shall be
8provided with a notice of hearing. The notice shall:
9        (1) be served upon the owner, lessee, and any
10    lienholder of record either by personal service or by
11    first class mail to the interested party's address as
12    registered with the Secretary of State;
13        (2) be served upon interested parties within 10 days
14    after a vehicle is impounded by the municipality; and
15        (3) contain the date, time, and location of the
16    administrative hearing. An initial hearing shall be
17    scheduled and convened no later than 45 days after the
18    date of the mailing of the notice of hearing.
19    (g) In addition to the requirements contained in
20subdivision (b)(4) of Section 11-208.3 of this Code relating
21to administrative hearings, any ordinance providing for the
22impoundment and release of vehicles under this Section shall
23include the following requirements concerning administrative
24hearings:
25        (1) administrative hearings shall be conducted by a
26    hearing officer who is an attorney licensed to practice

 

 

HB3772 Enrolled- 36 -LRB102 15143 RAM 20498 b

1    law in this State for a minimum of 3 years;
2        (1.5) the hearing officer shall consider as a defense
3    to the vehicle impoundment that the motor vehicle was
4    stolen or hijacked at the time the vehicle was impounded;
5    to demonstrate that the motor vehicle was hijacked or
6    stolen at the time the vehicle was impounded, the owner or
7    the agents of the owner or a lessee must submit proof that
8    a report concerning the motor vehicle was filed with a law
9    enforcement agency in a timely manner;
10        (2) at the conclusion of the administrative hearing,
11    the hearing officer shall issue a written decision either
12    sustaining or overruling the vehicle impoundment;
13        (3) if the basis for the vehicle impoundment is
14    sustained by the administrative hearing officer, any
15    administrative fee posted to secure the release of the
16    vehicle shall be forfeited to the county or municipality;
17        (4) all final decisions of the administrative hearing
18    officer shall be subject to review under the provisions of
19    the Administrative Review Law, unless the county or
20    municipality allows in the enabling ordinance for direct
21    appeal to the circuit court having jurisdiction over the
22    county or municipality;
23        (5) unless the administrative hearing officer
24    overturns the basis for the vehicle impoundment, no
25    vehicle shall be released to the owner, lessee, or
26    lienholder of record until all administrative fees and

 

 

HB3772 Enrolled- 37 -LRB102 15143 RAM 20498 b

1    towing and storage charges are paid; and
2        (6) if the administrative hearing officer finds that a
3    county or municipality that impounds a vehicle exceeded
4    its authority under this Code, the county or municipality
5    shall be liable to the registered owner or lessee of the
6    vehicle for the cost of storage fees and reasonable
7    attorney's fees; and .
8        (7) notwithstanding any other provision of law to the
9    contrary, if the administrative hearing officer finds that
10    a county or municipality impounded a motor vehicle that
11    was stolen or hijacked at the time the vehicle was
12    impounded, the county or municipality shall refund any
13    administrative fees already paid by the registered owner
14    or lessee of the vehicle.
15    (h) Vehicles not retrieved from the towing facility or
16storage facility within 35 days after the administrative
17hearing officer issues a written decision shall be deemed
18abandoned and disposed of in accordance with the provisions of
19Article II of Chapter 4 of this Code.
20    (i) Unless stayed by a court of competent jurisdiction,
21any fine, penalty, or administrative fee imposed under this
22Section which remains unpaid in whole or in part after the
23expiration of the deadline for seeking judicial review under
24the Administrative Review Law may be enforced in the same
25manner as a judgment entered by a court of competent
26jurisdiction.

 

 

HB3772 Enrolled- 38 -LRB102 15143 RAM 20498 b

1    (j) The fee limits in subsection (b), the exceptions in
2paragraph (6) of subsection (b), and all of paragraph (6) of
3subsection (g) of this Section shall not apply to a home rule
4unit that tows a vehicle on a public way if a circumstance
5requires the towing of the vehicle or if the vehicle is towed
6due to a violation of a statute or local ordinance, and the
7home rule unit:
8        (1) owns and operates a towing facility within its
9    boundaries for the storage of towed vehicles; and
10        (2) owns and operates tow trucks or enters into a
11    contract with a third party vendor to operate tow trucks.
12(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
1398-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 
14    (625 ILCS 5/11-208.8)
15    Sec. 11-208.8. Automated speed enforcement systems in
16safety zones.
17    (a) As used in this Section:
18    "Automated speed enforcement system" means a photographic
19device, radar device, laser device, or other electrical or
20mechanical device or devices installed or utilized in a safety
21zone and designed to record the speed of a vehicle and obtain a
22clear photograph or other recorded image of the vehicle and
23the vehicle's registration plate or digital registration plate
24while the driver is violating Article VI of Chapter 11 of this
25Code or a similar provision of a local ordinance.

 

 

HB3772 Enrolled- 39 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 40 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 41 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 42 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 43 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 44 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 45 -LRB102 15143 RAM 20498 b

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

 

 

HB3772 Enrolled- 46 -LRB102 15143 RAM 20498 b

1photo-enforced and indicating the speed limit. The
2municipality shall install such additional signage as it
3determines is necessary to give reasonable notice to drivers
4as to where automated speed enforcement systems are installed.
5    (m) A roadway where a new automated speed enforcement
6system is installed shall be posted with signs providing 30
7days notice of the use of a new automated speed enforcement
8system prior to the issuance of any citations through the
9automated speed enforcement system.
10    (n) The compensation paid for an automated speed
11enforcement system must be based on the value of the equipment
12or the services provided and may not be based on the number of
13traffic citations issued or the revenue generated by the
14system.
15    (o) (Blank).
16    (p) No person who is the lessor of a motor vehicle pursuant
17to a written lease agreement shall be liable for an automated
18speed or traffic law enforcement system violation involving
19such motor vehicle during the period of the lease; provided
20that upon the request of the appropriate authority received
21within 120 days after the violation occurred, the lessor
22provides within 60 days after such receipt the name and
23address of the lessee. The drivers license number of a lessee
24may be subsequently individually requested by the appropriate
25authority if needed for enforcement of this Section.
26    Upon the provision of information by the lessor pursuant

 

 

HB3772 Enrolled- 47 -LRB102 15143 RAM 20498 b

1to this subsection, the municipality may issue the violation
2to the lessee of the vehicle in the same manner as it would
3issue a violation to a registered owner of a vehicle pursuant
4to this Section, and the lessee may be held liable for the
5violation.
6    (q) A municipality using an automated speed enforcement
7system must provide notice to drivers by publishing the
8locations of all safety zones where system equipment is
9installed on the website of the municipality.
10    (r) A municipality operating an automated speed
11enforcement system shall conduct a statistical analysis to
12assess the safety impact of the system. The statistical
13analysis shall be based upon the best available crash,
14traffic, and other data, and shall cover a period of time
15before and after installation of the system sufficient to
16provide a statistically valid comparison of safety impact. The
17statistical analysis shall be consistent with professional
18judgment and acceptable industry practice. The statistical
19analysis also shall be consistent with the data required for
20valid comparisons of before and after conditions and shall be
21conducted within a reasonable period following the
22installation of the automated traffic law enforcement system.
23The statistical analysis required by this subsection shall be
24made available to the public and shall be published on the
25website of the municipality.
26    (s) This Section applies only to municipalities with a

 

 

HB3772 Enrolled- 48 -LRB102 15143 RAM 20498 b

1population of 1,000,000 or more inhabitants.
2(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
3    (625 ILCS 5/11-208.9)
4    Sec. 11-208.9. Automated traffic law enforcement system;
5approaching, overtaking, and passing a school bus.
6    (a) As used in this Section, "automated traffic law
7enforcement system" means a device with one or more motor
8vehicle sensors working in conjunction with the visual signals
9on a school bus, as specified in Sections 12-803 and 12-805 of
10this Code, to produce recorded images of motor vehicles that
11fail to stop before meeting or overtaking, from either
12direction, any school bus stopped at any location for the
13purpose of receiving or discharging pupils in violation of
14Section 11-1414 of this Code or a similar provision of a local
15ordinance.
16    An automated traffic law enforcement system is a system,
17in a municipality or county operated by a governmental agency,
18that produces a recorded image of a motor vehicle's violation
19of a provision of this Code or a local ordinance and is
20designed to obtain a clear recorded image of the vehicle and
21the vehicle's license plate. The recorded image must also
22display the time, date, and location of the violation.
23    (b) As used in this Section, "recorded images" means
24images recorded by an automated traffic law enforcement system
25on:

 

 

HB3772 Enrolled- 49 -LRB102 15143 RAM 20498 b

1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and,
5    on at least one image or portion of the recording, clearly
6    identifying the registration plate or digital registration
7    plate number of the motor vehicle.
8    (c) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through
13the Internet.
14    (d) For each violation of a provision of this Code or a
15local ordinance recorded by an automated traffic law
16enforcement system, the county or municipality having
17jurisdiction shall issue a written notice of the violation to
18the registered owner of the vehicle as the alleged violator.
19The notice shall be delivered to the registered owner of the
20vehicle, by mail, within 30 days after the Secretary of State
21notifies the municipality or county of the identity of the
22owner of the vehicle, but in no event later than 90 days after
23the violation.
24    (e) The notice required under subsection (d) shall
25include:
26        (1) the name and address of the registered owner of

 

 

HB3772 Enrolled- 50 -LRB102 15143 RAM 20498 b

1    the vehicle;
2        (2) the registration number of the motor vehicle
3    involved in the violation;
4        (3) the violation charged;
5        (4) the location where the violation occurred;
6        (5) the date and time of the violation;
7        (6) a copy of the recorded images;
8        (7) the amount of the civil penalty imposed and the
9    date by which the civil penalty should be paid;
10        (8) a statement that recorded images are evidence of a
11    violation of overtaking or passing a school bus stopped
12    for the purpose of receiving or discharging pupils;
13        (9) a warning that failure to pay the civil penalty or
14    to contest liability in a timely manner is an admission of
15    liability;
16        (10) a statement that the person may elect to proceed
17    by:
18            (A) paying the fine; or
19            (B) challenging the charge in court, by mail, or
20        by administrative hearing; and
21        (11) a website address, accessible through the
22    Internet, where the person may view the recorded images of
23    the violation.
24    (f) (Blank).
25    (g) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging

 

 

HB3772 Enrolled- 51 -LRB102 15143 RAM 20498 b

1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (h) Recorded images made by an automated traffic law
5enforcement system are confidential and shall be made
6available only to the alleged violator and governmental and
7law enforcement agencies for purposes of adjudicating a
8violation of this Section, for statistical purposes, or for
9other governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (i) The court or hearing officer may consider in defense
13of a violation:
14        (1) that the motor vehicle or registration plates or
15    digital registration plates of the motor vehicle were
16    stolen before the violation occurred and not under the
17    control of or in the possession of the owner or lessee at
18    the time of the violation;
19        (1.5) that the motor vehicle was hijacked before the
20    violation occurred and not under the control of or in the
21    possession of the owner or lessee at the time of the
22    violation;
23        (2) that the driver of the motor vehicle received a
24    Uniform Traffic Citation from a police officer for a
25    violation of Section 11-1414 of this Code within
26    one-eighth of a mile and 15 minutes of the violation that

 

 

HB3772 Enrolled- 52 -LRB102 15143 RAM 20498 b

1    was recorded by the system;
2        (3) that the visual signals required by Sections
3    12-803 and 12-805 of this Code were damaged, not
4    activated, not present in violation of Sections 12-803 and
5    12-805, or inoperable; and
6        (4) any other evidence or issues provided by municipal
7    or county ordinance.
8    (j) To demonstrate that the motor vehicle was hijacked or
9the motor vehicle or registration plates or digital
10registration plates were stolen before the violation occurred
11and were not under the control or possession of the owner or
12lessee at the time of the violation, the owner or lessee must
13submit proof that a report concerning the stolen motor vehicle
14or registration plates was filed with a law enforcement agency
15in a timely manner.
16    (k) Unless the driver of the motor vehicle received a
17Uniform Traffic Citation from a police officer at the time of
18the violation, the motor vehicle owner is subject to a civil
19penalty not exceeding $150 for a first time violation or $500
20for a second or subsequent violation, plus an additional
21penalty of not more than $100 for failure to pay the original
22penalty in a timely manner, if the motor vehicle is recorded by
23an automated traffic law enforcement system. A violation for
24which a civil penalty is imposed under this Section is not a
25violation of a traffic regulation governing the movement of
26vehicles and may not be recorded on the driving record of the

 

 

HB3772 Enrolled- 53 -LRB102 15143 RAM 20498 b

1owner of the vehicle, but may be recorded by the municipality
2or county for the purpose of determining if a person is subject
3to the higher fine for a second or subsequent offense.
4    (l) A school bus equipped with an automated traffic law
5enforcement system must be posted with a sign indicating that
6the school bus is being monitored by an automated traffic law
7enforcement system.
8    (m) A municipality or county that has one or more school
9buses equipped with an automated traffic law enforcement
10system must provide notice to drivers by posting a list of
11school districts using school buses equipped with an automated
12traffic law enforcement system on the municipality or county
13website. School districts that have one or more school buses
14equipped with an automated traffic law enforcement system must
15provide notice to drivers by posting that information on their
16websites.
17    (n) A municipality or county operating an automated
18traffic law enforcement system shall conduct a statistical
19analysis to assess the safety impact in each school district
20using school buses equipped with an automated traffic law
21enforcement system following installation of the system. The
22statistical analysis shall be based upon the best available
23crash, traffic, and other data, and shall cover a period of
24time before and after installation of the system sufficient to
25provide a statistically valid comparison of safety impact. The
26statistical analysis shall be consistent with professional

 

 

HB3772 Enrolled- 54 -LRB102 15143 RAM 20498 b

1judgment and acceptable industry practice. The statistical
2analysis also shall be consistent with the data required for
3valid comparisons of before and after conditions and shall be
4conducted within a reasonable period following the
5installation of the automated traffic law enforcement system.
6The statistical analysis required by this subsection shall be
7made available to the public and shall be published on the
8website of the municipality or county. If the statistical
9analysis for the 36-month period following installation of the
10system indicates that there has been an increase in the rate of
11accidents at the approach to school buses monitored by the
12system, the municipality or county shall undertake additional
13studies to determine the cause and severity of the accidents,
14and may take any action that it determines is necessary or
15appropriate to reduce the number or severity of the accidents
16involving school buses equipped with an automated traffic law
17enforcement system.
18    (o) The compensation paid for an automated traffic law
19enforcement system must be based on the value of the equipment
20or the services provided and may not be based on the number of
21traffic citations issued or the revenue generated by the
22system.
23    (p) No person who is the lessor of a motor vehicle pursuant
24to a written lease agreement shall be liable for an automated
25speed or traffic law enforcement system violation involving
26such motor vehicle during the period of the lease; provided

 

 

HB3772 Enrolled- 55 -LRB102 15143 RAM 20498 b

1that upon the request of the appropriate authority received
2within 120 days after the violation occurred, the lessor
3provides within 60 days after such receipt the name and
4address of the lessee.
5    Upon the provision of information by the lessor pursuant
6to this subsection, the county or municipality may issue the
7violation to the lessee of the vehicle in the same manner as it
8would issue a violation to a registered owner of a vehicle
9pursuant to this Section, and the lessee may be held liable for
10the violation.
11    (q) (Blank).
12    (r) After a municipality or county enacts an ordinance
13providing for automated traffic law enforcement systems under
14this Section, each school district within that municipality or
15county's jurisdiction may implement an automated traffic law
16enforcement system under this Section. The elected school
17board for that district must approve the implementation of an
18automated traffic law enforcement system. The school district
19shall be responsible for entering into a contract, approved by
20the elected school board of that district, with vendors for
21the installation, maintenance, and operation of the automated
22traffic law enforcement system. The school district must enter
23into an intergovernmental agreement, approved by the elected
24school board of that district, with the municipality or county
25with jurisdiction over that school district for the
26administration of the automated traffic law enforcement

 

 

HB3772 Enrolled- 56 -LRB102 15143 RAM 20498 b

1system. The proceeds from a school district's automated
2traffic law enforcement system's fines shall be divided
3equally between the school district and the municipality or
4county administering the automated traffic law enforcement
5system.
6(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
7    (625 ILCS 5/11-1201.1)
8    Sec. 11-1201.1. Automated railroad crossing enforcement
9system.
10    (a) For the purposes of this Section, an automated
11railroad grade crossing enforcement system is a system in a
12municipality or county operated by a governmental agency that
13produces a recorded image of a motor vehicle's violation of a
14provision of this Code or local ordinance and is designed to
15obtain a clear recorded image of the vehicle and vehicle's
16license plate. The recorded image must also display the time,
17date, and location of the violation.
18    As used in this Section, "recorded images" means images
19recorded by an automated railroad grade crossing enforcement
20system on:
21        (1) 2 or more photographs;
22        (2) 2 or more microphotographs;
23        (3) 2 or more electronic images; or
24        (4) a video recording showing the motor vehicle and,
25    on at least one image or portion of the recording, clearly

 

 

HB3772 Enrolled- 57 -LRB102 15143 RAM 20498 b

1    identifying the registration plate or digital registration
2    plate number of the motor vehicle.
3    (b) The Illinois Commerce Commission may, in cooperation
4with a local law enforcement agency, establish in any county
5or municipality an automated railroad grade crossing
6enforcement system at any railroad grade crossing equipped
7with a crossing gate designated by local authorities. Local
8authorities desiring the establishment of an automated
9railroad crossing enforcement system must initiate the process
10by enacting a local ordinance requesting the creation of such
11a system. After the ordinance has been enacted, and before any
12additional steps toward the establishment of the system are
13undertaken, the local authorities and the Commission must
14agree to a plan for obtaining, from any combination of
15federal, State, and local funding sources, the moneys required
16for the purchase and installation of any necessary equipment.
17    (b-1) (Blank).)
18    (c) For each violation of Section 11-1201 of this Code or a
19local ordinance recorded by an automated railroad grade
20crossing enforcement system, the county or municipality having
21jurisdiction shall issue a written notice of the violation to
22the registered owner of the vehicle as the alleged violator.
23The notice shall be delivered to the registered owner of the
24vehicle, by mail, no later than 90 days after the violation.
25    The notice shall include:
26        (1) the name and address of the registered owner of

 

 

HB3772 Enrolled- 58 -LRB102 15143 RAM 20498 b

1    the vehicle;
2        (2) the registration number of the motor vehicle
3    involved in the violation;
4        (3) the violation charged;
5        (4) the location where the violation occurred;
6        (5) the date and time of the violation;
7        (6) a copy of the recorded images;
8        (7) the amount of the civil penalty imposed and the
9    date by which the civil penalty should be paid;
10        (8) a statement that recorded images are evidence of a
11    violation of a railroad grade crossing;
12        (9) a warning that failure to pay the civil penalty or
13    to contest liability in a timely manner is an admission of
14    liability; and
15        (10) a statement that the person may elect to proceed
16    by:
17            (A) paying the fine; or
18            (B) challenging the charge in court, by mail, or
19        by administrative hearing.
20    (d) (Blank).
21    (d-1) (Blank).)
22    (d-2) (Blank).)
23    (e) Based on inspection of recorded images produced by an
24automated railroad grade crossing enforcement system, a notice
25alleging that the violation occurred shall be evidence of the
26facts contained in the notice and admissible in any proceeding

 

 

HB3772 Enrolled- 59 -LRB102 15143 RAM 20498 b

1alleging a violation under this Section.
2    (e-1) Recorded images made by an automated railroad grade
3crossing enforcement system are confidential and shall be made
4available only to the alleged violator and governmental and
5law enforcement agencies for purposes of adjudicating a
6violation of this Section, for statistical purposes, or for
7other governmental purposes. Any recorded image evidencing a
8violation of this Section, however, may be admissible in any
9proceeding resulting from the issuance of the citation.
10    (e-2) The court or hearing officer may consider the
11following in the defense of a violation:
12        (1) that the motor vehicle or registration plates or
13    digital registration plates of the motor vehicle were
14    stolen before the violation occurred and not under the
15    control of or in the possession of the owner or lessee at
16    the time of the violation;
17        (1.5) that the motor vehicle was hijacked before the
18    violation occurred and not under the control of or in the
19    possession of the owner or lessee at the time of the
20    violation;
21        (2) that the driver of the motor vehicle received a
22    Uniform Traffic Citation from a police officer at the time
23    of the violation for the same offense;
24        (3) any other evidence or issues provided by municipal
25    or county ordinance.
26    (e-3) To demonstrate that the motor vehicle was hijacked

 

 

HB3772 Enrolled- 60 -LRB102 15143 RAM 20498 b

1or the motor vehicle or registration plates or digital
2registration plates were stolen before the violation occurred
3and were not under the control or possession of the owner or
4lessee at the time of the violation, the owner or lessee must
5submit proof that a report concerning the stolen motor vehicle
6or registration plates was filed with a law enforcement agency
7in a timely manner.
8    (f) Rail crossings equipped with an automatic railroad
9grade crossing enforcement system shall be posted with a sign
10visible to approaching traffic stating that the railroad grade
11crossing is being monitored, that citations will be issued,
12and the amount of the fine for violation.
13    (g) The compensation paid for an automated railroad grade
14crossing enforcement system must be based on the value of the
15equipment or the services provided and may not be based on the
16number of citations issued or the revenue generated by the
17system.
18    (h) (Blank).)
19    (i) If any part or parts of this Section are held by a
20court of competent jurisdiction to be unconstitutional, the
21unconstitutionality shall not affect the validity of the
22remaining parts of this Section. The General Assembly hereby
23declares that it would have passed the remaining parts of this
24Section if it had known that the other part or parts of this
25Section would be declared unconstitutional.
26    (j) Penalty. A civil fine of $250 shall be imposed for a

 

 

HB3772 Enrolled- 61 -LRB102 15143 RAM 20498 b

1first violation of this Section, and a civil fine of $500 shall
2be imposed for a second or subsequent violation of this
3Section.
4(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
5revised 11-24-21.)
 
6    Section 10. The Crime Victims Compensation Act is amended
7by changing Sections 2, 7.1, and 10.1 as follows:
 
8    (740 ILCS 45/2)  (from Ch. 70, par. 72)
9    Sec. 2. Definitions. As used in this Act, unless the
10context otherwise requires:
11    (a) "Applicant" means any person who applies for
12compensation under this Act or any person the Court of Claims
13or the Attorney General finds is entitled to compensation,
14including the guardian of a minor or of a person under legal
15disability. It includes any person who was a dependent of a
16deceased victim of a crime of violence for his or her support
17at the time of the death of that victim.
18    The changes made to this subsection by this amendatory Act
19of the 101st General Assembly apply to actions commenced or
20pending on or after January 1, 2022.
21    (b) "Court of Claims" means the Court of Claims created by
22the Court of Claims Act.
23    (c) "Crime of violence" means and includes any offense
24defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,

 

 

HB3772 Enrolled- 62 -LRB102 15143 RAM 20498 b

110-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
211-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
312-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
412-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
512-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
6or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
7subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
81961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
9the Cemetery Protection Act, Section 125 of the Stalking No
10Contact Order Act, Section 219 of the Civil No Contact Order
11Act, driving under the influence as defined in Section 11-501
12of the Illinois Vehicle Code, a violation of Section 11-401 of
13the Illinois Vehicle Code, provided the victim was a
14pedestrian or was operating a vehicle moved solely by human
15power or a mobility device at the time of contact, and a
16violation of Section 11-204.1 of the Illinois Vehicle Code; so
17long as the offense did not occur during a civil riot,
18insurrection or rebellion. "Crime of violence" does not
19include any other offense or accident involving a motor
20vehicle except those vehicle offenses specifically provided
21for in this paragraph. "Crime of violence" does include all of
22the offenses specifically provided for in this paragraph that
23occur within this State but are subject to federal
24jurisdiction and crimes involving terrorism as defined in 18
25U.S.C. 2331.
26    (d) "Victim" means (1) a person killed or injured in this

 

 

HB3772 Enrolled- 63 -LRB102 15143 RAM 20498 b

1State as a result of a crime of violence perpetrated or
2attempted against him or her, (2) the spouse, parent, or child
3of a person killed or injured in this State as a result of a
4crime of violence perpetrated or attempted against the person,
5or anyone living in the household of a person killed or injured
6in a relationship that is substantially similar to that of a
7parent, spouse, or child, (3) a person killed or injured in
8this State while attempting to assist a person against whom a
9crime of violence is being perpetrated or attempted, if that
10attempt of assistance would be expected of a reasonable person
11under the circumstances, (4) a person killed or injured in
12this State while assisting a law enforcement official
13apprehend a person who has perpetrated a crime of violence or
14prevent the perpetration of any such crime if that assistance
15was in response to the express request of the law enforcement
16official, (5) a person who personally witnessed a violent
17crime, (5.05) a person who will be called as a witness by the
18prosecution to establish a necessary nexus between the
19offender and the violent crime, (5.1) solely for the purpose
20of compensating for pecuniary loss incurred for psychological
21treatment of a mental or emotional condition caused or
22aggravated by the crime, any other person under the age of 18
23who is the brother, sister, half brother, or half sister of a
24person killed or injured in this State as a result of a crime
25of violence, (6) an Illinois resident who is a victim of a
26"crime of violence" as defined in this Act except, if the crime

 

 

HB3772 Enrolled- 64 -LRB102 15143 RAM 20498 b

1occurred outside this State, the resident has the same rights
2under this Act as if the crime had occurred in this State upon
3a showing that the state, territory, country, or political
4subdivision of a country in which the crime occurred does not
5have a compensation of victims of crimes law for which that
6Illinois resident is eligible, (7) a deceased person whose
7body is dismembered or whose remains are desecrated as the
8result of a crime of violence, or (8) solely for the purpose of
9compensating for pecuniary loss incurred for psychological
10treatment of a mental or emotional condition caused or
11aggravated by the crime, any parent, spouse, or child under
12the age of 18 of a deceased person whose body is dismembered or
13whose remains are desecrated as the result of a crime of
14violence.
15    (e) "Dependent" means a relative of a deceased victim who
16was wholly or partially dependent upon the victim's income at
17the time of his or her death and shall include the child of a
18victim born after his or her death.
19    (f) "Relative" means a spouse, parent, grandparent,
20stepfather, stepmother, child, grandchild, brother,
21brother-in-law, sister, sister-in-law, half brother, half
22sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
23living in the household of a person killed or injured in a
24relationship that is substantially similar to that of a
25parent, spouse, or child.
26    (g) "Child" means a son or daughter and includes a

 

 

HB3772 Enrolled- 65 -LRB102 15143 RAM 20498 b

1stepchild, an adopted child or a child born out of wedlock.
2    (h) "Pecuniary loss" means, in the case of injury,
3appropriate medical expenses and hospital expenses including
4expenses of medical examinations, rehabilitation, medically
5required nursing care expenses, appropriate psychiatric care
6or psychiatric counseling expenses, appropriate expenses for
7care or counseling by a licensed clinical psychologist,
8licensed clinical social worker, licensed professional
9counselor, or licensed clinical professional counselor and
10expenses for treatment by Christian Science practitioners and
11nursing care appropriate thereto; transportation expenses to
12and from medical and counseling treatment facilities;
13prosthetic appliances, eyeglasses, and hearing aids necessary
14or damaged as a result of the crime; expenses incurred for the
15towing and storage of a victim's vehicle in connection with a
16crime of violence, to a maximum of $1,000; costs associated
17with trafficking tattoo removal by a person authorized or
18licensed to perform the specific removal procedure;
19replacement costs for clothing and bedding used as evidence;
20costs associated with temporary lodging or relocation
21necessary as a result of the crime, including, but not limited
22to, the first month's rent and security deposit of the
23dwelling that the claimant relocated to and other reasonable
24relocation expenses incurred as a result of the violent crime;
25locks or windows necessary or damaged as a result of the crime;
26the purchase, lease, or rental of equipment necessary to

 

 

HB3772 Enrolled- 66 -LRB102 15143 RAM 20498 b

1create usability of and accessibility to the victim's real and
2personal property, or the real and personal property which is
3used by the victim, necessary as a result of the crime; the
4costs of appropriate crime scene clean-up; replacement
5services loss, to a maximum of $1,250 per month; dependents
6replacement services loss, to a maximum of $1,250 per month;
7loss of tuition paid to attend grammar school or high school
8when the victim had been enrolled as a student prior to the
9injury, or college or graduate school when the victim had been
10enrolled as a day or night student prior to the injury when the
11victim becomes unable to continue attendance at school as a
12result of the crime of violence perpetrated against him or
13her; loss of earnings, loss of future earnings because of
14disability resulting from the injury, and, in addition, in the
15case of death, expenses for funeral, burial, and travel and
16transport for survivors of homicide victims to secure bodies
17of deceased victims and to transport bodies for burial all of
18which may be awarded up to a maximum of $10,000 and loss of
19support of the dependents of the victim; in the case of
20dismemberment or desecration of a body, expenses for funeral
21and burial, all of which may be awarded up to a maximum of
22$10,000. Loss of future earnings shall be reduced by any
23income from substitute work actually performed by the victim
24or by income he or she would have earned in available
25appropriate substitute work he or she was capable of
26performing but unreasonably failed to undertake. Loss of

 

 

HB3772 Enrolled- 67 -LRB102 15143 RAM 20498 b

1earnings, loss of future earnings and loss of support shall be
2determined on the basis of the victim's average net monthly
3earnings for the 6 months immediately preceding the date of
4the injury or on $2,400 per month, whichever is less or, in
5cases where the absences commenced more than 3 years from the
6date of the crime, on the basis of the net monthly earnings for
7the 6 months immediately preceding the date of the first
8absence, not to exceed $2,400 per month. If a divorced or
9legally separated applicant is claiming loss of support for a
10minor child of the deceased, the amount of support for each
11child shall be based either on the amount of support pursuant
12to the judgment prior to the date of the deceased victim's
13injury or death, or, if the subject of pending litigation
14filed by or on behalf of the divorced or legally separated
15applicant prior to the injury or death, on the result of that
16litigation. Real and personal property includes, but is not
17limited to, vehicles, houses, apartments, town houses, or
18condominiums. Pecuniary loss does not include pain and
19suffering or property loss or damage.
20    The changes made to this subsection by this amendatory Act
21of the 101st General Assembly apply to actions commenced or
22pending on or after January 1, 2022.
23    (i) "Replacement services loss" means expenses reasonably
24incurred in obtaining ordinary and necessary services in lieu
25of those the injured person would have performed, not for
26income, but for the benefit of himself or herself or his or her

 

 

HB3772 Enrolled- 68 -LRB102 15143 RAM 20498 b

1family, if he or she had not been injured.
2    (j) "Dependents replacement services loss" means loss
3reasonably incurred by dependents or private legal guardians
4of minor dependents after a victim's death in obtaining
5ordinary and necessary services in lieu of those the victim
6would have performed, not for income, but for their benefit,
7if he or she had not been fatally injured.
8    (k) "Survivor" means immediate family including a parent,
9stepfather, stepmother, child, brother, sister, or spouse.
10    (l) "Parent" means a natural parent, adopted parent,
11stepparent, or permanent legal guardian of another person.
12    (m) "Trafficking tattoo" is a tattoo which is applied to a
13victim in connection with the commission of a violation of
14Section 10-9 of the Criminal Code of 2012.
15(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
16102-27, eff. 6-25-21.)
 
17    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
18    Sec. 7.1. (a) The application shall set out:
19        (1) the name and address of the victim;
20        (2) if the victim is deceased, the name and address of
21    the applicant and his or her relationship to the victim,
22    the names and addresses of other persons dependent on the
23    victim for their support and the extent to which each is so
24    dependent, and other persons who may be entitled to
25    compensation for a pecuniary loss;

 

 

HB3772 Enrolled- 69 -LRB102 15143 RAM 20498 b

1        (3) the date and nature of the crime on which the
2    application for compensation is based;
3        (4) the date and place where and the law enforcement
4    officials to whom notification of the crime was given;
5        (5) the nature and extent of the injuries sustained by
6    the victim, and the names and addresses of those giving
7    medical and hospitalization treatment to the victim;
8        (6) the pecuniary loss to the applicant and to such
9    other persons as are specified under item (2) resulting
10    from the injury or death;
11        (7) the amount of benefits, payments, or awards, if
12    any, payable under:
13            (a) the Workers' Compensation Act,
14            (b) the Dram Shop Act,
15            (c) any claim, demand, or cause of action based
16        upon the crime-related injury or death,
17            (d) the Federal Medicare program,
18            (e) the State Public Aid program,
19            (f) Social Security Administration burial
20        benefits,
21            (g) Veterans administration burial benefits,
22            (h) life, health, accident, vehicle, towing, or
23        liability insurance,
24            (i) the Criminal Victims' Escrow Account Act,
25            (j) the Sexual Assault Survivors Emergency
26        Treatment Act,

 

 

HB3772 Enrolled- 70 -LRB102 15143 RAM 20498 b

1            (k) restitution, or
2            (l) any other source;
3        (8) releases authorizing the surrender to the Court of
4    Claims or Attorney General of reports, documents and other
5    information relating to the matters specified under this
6    Act and rules promulgated in accordance with the Act;
7        (9) such other information as the Court of Claims or
8    the Attorney General reasonably requires.
9    (b) The Attorney General may require that materials
10substantiating the facts stated in the application be
11submitted with that application.
12    (c) An applicant, on his or her own motion, may file an
13amended application or additional substantiating materials to
14correct inadvertent errors or omissions at any time before the
15original application has been disposed of by the Court of
16Claims or the Attorney General. In either case, the filing of
17additional information or of an amended application shall be
18considered for the purpose of this Act to have been filed at
19the same time as the original application.
20    For claims submitted on or after January 1, 2022, an
21amended application or additional substantiating materials to
22correct inadvertent errors or omissions may be filed at any
23time before the original application is disposed of by the
24Attorney General or the Court of Claims.
25    (d) Determinations submitted by the Attorney General to
26the Court of Claims shall be available to the Court of Claims

 

 

HB3772 Enrolled- 71 -LRB102 15143 RAM 20498 b

1for review. The Attorney General shall provide the sources and
2evidence relied upon as a basis for a compensation
3determination.
4    (e) The changes made to this Section by this amendatory
5Act of the 101st General Assembly apply to actions commenced
6or pending on or after January 1, 2022.
7(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
8    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
9    Sec. 10.1. Amount of compensation. The amount of
10compensation to which an applicant and other persons are
11entitled shall be based on the following factors:
12    (a) A victim may be compensated for his or her pecuniary
13loss.
14    (b) A dependent may be compensated for loss of support.
15    (c) Any person, even though not dependent upon the victim
16for his or her support, may be compensated for reasonable
17expenses of the victim to the extent to which he or she has
18paid or become obligated to pay such expenses and only after
19compensation for reasonable funeral, medical and hospital
20expenses of the victim have been awarded may compensation be
21made for reasonable expenses of the victim incurred for
22psychological treatment of a mental or emotional condition
23caused or aggravated by the crime.
24    (d) An award shall be reduced or denied according to the
25extent to which the victim's injury or death was caused by

 

 

HB3772 Enrolled- 72 -LRB102 15143 RAM 20498 b

1provocation or incitement by the victim or the victim
2assisting, attempting, or committing a criminal act. A denial
3or reduction shall not automatically bar the survivors of
4homicide victims from receiving compensation for counseling,
5crime scene cleanup, relocation, funeral or burial costs, and
6loss of support if the survivor's actions have not initiated,
7provoked, or aggravated the suspect into initiating the
8qualifying crime.
9    (e) An award shall be reduced by the amount of benefits,
10payments or awards payable under those sources which are
11required to be listed under item (7) of Section 7.1(a) and any
12other sources except annuities, pension plans, Federal Social
13Security payments payable to dependents of the victim and the
14net proceeds of the first $25,000 of life insurance that would
15inure to the benefit of the applicant, which the applicant or
16any other person dependent for the support of a deceased
17victim, as the case may be, has received or to which he or she
18is entitled as a result of injury to or death of the victim.
19    (f) A final award shall not exceed $10,000 for a crime
20committed prior to September 22, 1979, $15,000 for a crime
21committed on or after September 22, 1979 and prior to January
221, 1986, $25,000 for a crime committed on or after January 1,
231986 and prior to August 7, 1998, $27,000 for a crime committed
24on or after August 7, 1998 and prior to August 7, 2022, or
25$45,000 for a crime committed on or after August 7, 2022. If
26the total pecuniary loss is greater than the maximum amount

 

 

HB3772 Enrolled- 73 -LRB102 15143 RAM 20498 b

1allowed, the award shall be divided in proportion to the
2amount of actual loss among those entitled to compensation.
3    (g) Compensation under this Act is a secondary source of
4compensation and the applicant must show that he or she has
5exhausted the benefits reasonably available under the Criminal
6Victims' Escrow Account Act or any governmental or medical or
7health insurance programs, including, but not limited to,
8Workers' Compensation, the Federal Medicare program, the State
9Public Aid program, Social Security Administration burial
10benefits, and Veterans Administration burial benefits, and
11life, health, accident, full vehicle coverage (including
12towing insurance, if available), or liability insurance.
13(Source: P.A. 102-27, eff. 1-1-22.)