Illinois General Assembly - Full Text of SB3662
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Full Text of SB3662  103rd General Assembly

SB3662 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3662

 

Introduced 2/9/2024, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/9-50
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8
625 ILCS 5/11-208.9
625 ILCS 5/11-1201.1

    Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).


LRB103 39483 SPS 69678 b

 

 

A BILL FOR

 

SB3662LRB103 39483 SPS 69678 b

1    AN ACT concerning automated traffic systems.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 9-50 as follows:
 
6    (10 ILCS 5/9-50)
7    Sec. 9-50. Vendor providing automated traffic systems;
8contributions.
9    (a) No vendor that offers or provides equipment or
10services for automated traffic law enforcement, automated
11speed enforcement, or automated railroad grade crossing
12enforcement systems to townships, municipalities, or counties,
13no political action committee created by such a vendor, and no
14vendor-affiliated person shall make a campaign contribution to
15any political committee established to promote the candidacy
16of a candidate or public official. An officer or agent of such
17a vendor may not consent to any contribution or expenditure
18that is prohibited by this Section. A candidate, political
19committee, or other person may not knowingly accept or receive
20any contribution prohibited by this Section. A political
21committee that receives a contribution in violation of this
22Section shall dispose of the contribution by returning the
23contribution or an amount equal to the contribution to the

 

 

SB3662- 2 -LRB103 39483 SPS 69678 b

1contributor or by donating the contribution or an amount equal
2to the contribution to a charity. A contribution received in
3violation of this Section that is not disposed of within 30
4days after the Board sends notification to the political
5committee of the excess contribution by certified mail shall
6escheat to the General Revenue Fund, and the political
7committee shall be deemed in violation of this Section and
8shall be subject to a civil penalty not to exceed 150% of the
9total amount of the contribution.
10    (b) As used in this Section:
11    "Automated law enforcement system", "automated speed
12enforcement system", and "automated railroad grade crossing
13enforcement system" have the meanings given to those terms in
14Article II of Chapter 11 of the Illinois Vehicle Code.
15    "Vendor-affiliated person" means: (i) any person with an
16ownership interest in excess of 7.5% in a vendor that offers or
17provides equipment or services for automated traffic law
18enforcement, automated speed enforcement, or automated
19railroad grade crossing enforcement systems to townships,
20municipalities, or counties; (ii) any person with a
21distributive share in excess of 7.5% in a vendor that offers or
22provides equipment or services for automated traffic law
23enforcement, automated speed enforcement, or automated
24railroad grade crossing enforcement systems to townships,
25municipalities, or counties; (iii) any executive employees of
26a vendor that offers or provides equipment or services for

 

 

SB3662- 3 -LRB103 39483 SPS 69678 b

1automated traffic law enforcement, automated speed
2enforcement, or automated railroad grade crossing enforcement
3systems to townships, municipalities, or counties; and (iv)
4the spouse, minor child, or other immediate family member
5living in the residence of any of the persons identified in
6items (i) through (iii).
7(Source: P.A. 103-364, eff. 7-28-23.)
 
8    Section 10. The Illinois Vehicle Code is amended by
9changing Sections 11-208.3, 11-208.6, 11-208.8, 11-208.9, and
1011-1201.1 Section 11-208.6 as follows:
 
11    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
12    Sec. 11-208.3. Administrative adjudication of violations
13of traffic regulations concerning the standing, parking, or
14condition of vehicles, automated traffic law violations, and
15automated speed enforcement system violations.
16    (a) Any township, municipality, or county may provide by
17ordinance for a system of administrative adjudication of
18vehicular standing and parking violations and vehicle
19compliance violations as described in this subsection,
20automated traffic law violations as defined in Section
2111-208.6, 11-208.9, or 11-1201.1, and automated speed
22enforcement system violations as defined in Section 11-208.8.
23The administrative system shall have as its purpose the fair
24and efficient enforcement of township, municipal, or county

 

 

SB3662- 4 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 5 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 6 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 7 -LRB103 39483 SPS 69678 b

1    lessor of the motor vehicle within 30 days after the
2    Secretary of State or the lessor of the motor vehicle
3    notifies the township, municipality, or county of the
4    identity of the owner or lessee of the vehicle, but not
5    later than 90 days after the violation, except that in the
6    case of a lessee of a motor vehicle, service of an
7    automated traffic law violation notice may occur no later
8    than 210 days after the violation. A person authorized by
9    ordinance to issue and serve parking, standing, and
10    compliance violation notices shall certify as to the
11    correctness of the facts entered on the violation notice
12    by signing his or her name to the notice at the time of
13    service or, in the case of a notice produced by a
14    computerized device, by signing a single certificate to be
15    kept by the traffic compliance administrator attesting to
16    the correctness of all notices produced by the device
17    while it was under his or her control. In the case of an
18    automated traffic law violation, the ordinance shall
19    require a determination by a technician employed or
20    contracted by the township, municipality, or county that,
21    based on inspection of recorded images, the motor vehicle
22    was being operated in violation of Section 11-208.6,
23    11-208.9, or 11-1201.1 or a local ordinance. If the
24    technician determines that the vehicle entered the
25    intersection as part of a funeral procession or in order
26    to yield the right-of-way to an emergency vehicle, a

 

 

SB3662- 8 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 9 -LRB103 39483 SPS 69678 b

1    other documentation, including documentation of the speed
2    limit and automated speed enforcement signage, and
3    documentation of the inspection, calibration, and
4    certification of the speed equipment, that the vehicle was
5    being operated in violation of Article VI of Chapter 11 of
6    this Code or a similar local ordinance. If the technician
7    determines that the vehicle speed was not determined by a
8    calibrated, certified speed equipment device based upon
9    the speed equipment documentation, or if the vehicle was
10    an emergency vehicle, a citation may not be issued. The
11    automated speed enforcement ordinance shall require that
12    all determinations by a technician that a violation
13    occurred be reviewed and approved by a law enforcement
14    officer or retired law enforcement officer of the township
15    or municipality issuing the violation or by an additional
16    fully trained reviewing technician who is not employed by
17    the contractor who employs the technician who made the
18    initial determination. Routine and independent calibration
19    of the speeds produced by automated speed enforcement
20    systems and equipment shall be conducted annually by a
21    qualified technician. Speeds produced by an automated
22    speed enforcement system shall be compared with speeds
23    produced by lidar or other independent equipment. Radar or
24    lidar equipment shall undergo an internal validation test
25    no less frequently than once each week. Qualified
26    technicians shall test loop-based equipment no less

 

 

SB3662- 10 -LRB103 39483 SPS 69678 b

1    frequently than once a year. Radar equipment shall be
2    checked for accuracy by a qualified technician when the
3    unit is serviced, when unusual or suspect readings
4    persist, or when deemed necessary by a reviewing
5    technician. Radar equipment shall be checked with the
6    internal frequency generator and the internal circuit test
7    whenever the radar is turned on. Technicians must be alert
8    for any unusual or suspect readings, and if unusual or
9    suspect readings of a radar unit persist, that unit shall
10    immediately be removed from service and not returned to
11    service until it has been checked by a qualified
12    technician and determined to be functioning properly.
13    Documentation of the annual calibration results, including
14    the equipment tested, test date, technician performing the
15    test, and test results, shall be maintained and available
16    for use in the determination of an automated speed
17    enforcement system violation and issuance of a citation.
18    The technician performing the calibration and testing of
19    the automated speed enforcement equipment shall be trained
20    and certified in the use of equipment for speed
21    enforcement purposes. Training on the speed enforcement
22    equipment may be conducted by law enforcement, civilian,
23    or manufacturer's personnel and if applicable may be
24    equivalent to the equipment use and operations training
25    included in the Speed Measuring Device Operator Program
26    developed by the National Highway Traffic Safety

 

 

SB3662- 11 -LRB103 39483 SPS 69678 b

1    Administration (NHTSA). The vendor or technician who
2    performs the work shall keep accurate records on each
3    piece of equipment the technician calibrates and tests. As
4    used in this paragraph, "fully trained reviewing
5    technician" means a person who has received at least 40
6    hours of supervised training in subjects which shall
7    include image inspection and interpretation, the elements
8    necessary to prove a violation, license plate
9    identification, and traffic safety and management. In all
10    townships, municipalities, and counties, the automated
11    speed enforcement system or automated traffic law
12    ordinance shall require that no additional fee shall be
13    charged to the alleged violator for exercising his or her
14    right to an administrative hearing, and persons shall be
15    given at least 25 days following an administrative hearing
16    to pay any civil penalty imposed by a finding that Section
17    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
18    local ordinance has been violated. The original or a
19    facsimile of the violation notice or, in the case of a
20    notice produced by a computerized device, a printed record
21    generated by the device showing the facts entered on the
22    notice, shall be retained by the traffic compliance
23    administrator, and shall be a record kept in the ordinary
24    course of business. A parking, standing, compliance,
25    automated speed enforcement system, or automated traffic
26    law violation notice issued, signed, and served in

 

 

SB3662- 12 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 13 -LRB103 39483 SPS 69678 b

1    United States mail, postage prepaid, to the address of the
2    registered owner of the cited vehicle as recorded with the
3    Secretary of State or, if any notice to that address is
4    returned as undeliverable, to the last known address
5    recorded in a United States Post Office approved database,
6    or, under Section 11-1306 or subsection (p) of Section
7    11-208.6 or 11-208.9, or subsection (p) of Section
8    11-208.8 of this Code, to the lessee of the cited vehicle
9    at the last address known to the lessor of the cited
10    vehicle at the time of lease or, if any notice to that
11    address is returned as undeliverable, to the last known
12    address recorded in a United States Post Office approved
13    database. The service shall be deemed complete as of the
14    date of deposit in the United States mail. The notices
15    shall be in the following sequence and shall include, but
16    not be limited to, the information specified herein:
17            (i) A second notice of parking, standing, or
18        compliance violation if the first notice of the
19        violation was issued by affixing the original or a
20        facsimile of the notice to the unlawfully parked
21        vehicle or by handing the notice to the operator. This
22        notice shall specify or include the date and location
23        of the violation cited in the parking, standing, or
24        compliance violation notice, the particular regulation
25        violated, the vehicle make or a photograph of the
26        vehicle, the state registration number of the vehicle,

 

 

SB3662- 14 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 15 -LRB103 39483 SPS 69678 b

1        automated speed enforcement system, or automated
2        traffic law violation liability and the conclusion of
3        judicial review procedures taken under this Section.
4        The notice shall state that the incomplete traffic
5        education program or the unpaid fine or penalty, or
6        both, is a debt due and owing the township,
7        municipality, or county. The notice shall contain
8        warnings that failure to complete any required traffic
9        education program or to pay any fine or penalty due and
10        owing the township, municipality, or county, or both,
11        within the time specified may result in the
12        township's, municipality's, or county's filing of a
13        petition in the Circuit Court to have the incomplete
14        traffic education program or unpaid fine or penalty,
15        or both, rendered a judgment as provided by this
16        Section, or, where applicable, may result in
17        suspension of the person's driver's license for
18        failure to complete a traffic education program.
19        (6) A notice of impending driver's license suspension.
20    This notice shall be sent to the person liable for failure
21    to complete a required traffic education program. The
22    notice shall state that failure to complete a required
23    traffic education program within 45 days of the notice's
24    date will result in the township, municipality, or county
25    notifying the Secretary of State that the person is
26    eligible for initiation of suspension proceedings under

 

 

SB3662- 16 -LRB103 39483 SPS 69678 b

1    Section 6-306.5 of this Code. The notice shall also state
2    that the person may obtain a photostatic copy of an
3    original ticket imposing a fine or penalty by sending a
4    self-addressed, stamped envelope to the township,
5    municipality, or county along with a request for the
6    photostatic copy. The notice of impending driver's license
7    suspension shall be sent by first class United States
8    mail, postage prepaid, to the address recorded with the
9    Secretary of State or, if any notice to that address is
10    returned as undeliverable, to the last known address
11    recorded in a United States Post Office approved database.
12        (7) Final determinations of violation liability. A
13    final determination of violation liability shall occur
14    following failure to complete the required traffic
15    education program or to pay the fine or penalty, or both,
16    after a hearing officer's determination of violation
17    liability and the exhaustion of or failure to exhaust any
18    administrative review procedures provided by ordinance.
19    Where a person fails to appear at a hearing to contest the
20    alleged violation in the time and manner specified in a
21    prior mailed notice, the hearing officer's determination
22    of violation liability shall become final: (A) upon denial
23    of a timely petition to set aside that determination, or
24    (B) upon expiration of the period for filing the petition
25    without a filing having been made.
26        (8) A petition to set aside a determination of

 

 

SB3662- 17 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 18 -LRB103 39483 SPS 69678 b

1    persons who are not residents of the township,
2    municipality, or county may contest the merits of the
3    alleged violation without attending a hearing.
4        (10) A schedule of civil fines for violations of
5    vehicular standing, parking, compliance, automated speed
6    enforcement system, or automated traffic law regulations
7    enacted by ordinance pursuant to this Section, and a
8    schedule of penalties for late payment of the fines or
9    failure to complete required traffic education programs,
10    provided, however, that the total amount of the fine and
11    penalty for any one violation shall not exceed $250,
12    except as provided in subsection (c) of Section 11-1301.3
13    of this Code.
14        (11) Other provisions as are necessary and proper to
15    carry into effect the powers granted and purposes stated
16    in this Section.
17    (b-5) An automated speed enforcement system or automated
18traffic law ordinance adopted under this Section by a
19township, municipality, or county shall require that the
20determination to issue a citation be vested solely with the
21township, municipality, or county and that such authority may
22not be delegated to any vendor retained by the township,
23municipality, or county. Any contract or agreement violating
24such a provision in the ordinance is null and void.
25    (c) Any township, municipality, or county establishing
26vehicular standing, parking, compliance, automated speed

 

 

SB3662- 19 -LRB103 39483 SPS 69678 b

1enforcement system, or automated traffic law regulations under
2this Section may also provide by ordinance for a program of
3vehicle immobilization for the purpose of facilitating
4enforcement of those regulations. The program of vehicle
5immobilization shall provide for immobilizing any eligible
6vehicle upon the public way by presence of a restraint in a
7manner to prevent operation of the vehicle. Any ordinance
8establishing a program of vehicle immobilization under this
9Section shall provide:
10        (1) Criteria for the designation of vehicles eligible
11    for immobilization. A vehicle shall be eligible for
12    immobilization when the registered owner of the vehicle
13    has accumulated the number of incomplete traffic education
14    programs or unpaid final determinations of parking,
15    standing, compliance, automated speed enforcement system,
16    or automated traffic law violation liability, or both, as
17    determined by ordinance.
18        (2) A notice of impending vehicle immobilization and a
19    right to a hearing to challenge the validity of the notice
20    by disproving liability for the incomplete traffic
21    education programs or unpaid final determinations of
22    parking, standing, compliance, automated speed enforcement
23    system, or automated traffic law violation liability, or
24    both, listed on the notice.
25        (3) The right to a prompt hearing after a vehicle has
26    been immobilized or subsequently towed without the

 

 

SB3662- 20 -LRB103 39483 SPS 69678 b

1    completion of the required traffic education program or
2    payment of the outstanding fines and penalties on parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violations, or both, for which
5    final determinations have been issued. An order issued
6    after the hearing is a final administrative decision
7    within the meaning of Section 3-101 of the Code of Civil
8    Procedure.
9        (4) A post immobilization and post-towing notice
10    advising the registered owner of the vehicle of the right
11    to a hearing to challenge the validity of the impoundment.
12    (d) Judicial review of final determinations of parking,
13standing, compliance, automated speed enforcement system, or
14automated traffic law violations and final administrative
15decisions issued after hearings regarding vehicle
16immobilization and impoundment made under this Section shall
17be subject to the provisions of the Administrative Review Law.
18    (e) Any fine, penalty, incomplete traffic education
19program, or part of any fine or any penalty remaining unpaid
20after the exhaustion of, or the failure to exhaust,
21administrative remedies created under this Section and the
22conclusion of any judicial review procedures shall be a debt
23due and owing the township, municipality, or county and, as
24such, may be collected in accordance with applicable law.
25Completion of any required traffic education program and
26payment in full of any fine or penalty resulting from a

 

 

SB3662- 21 -LRB103 39483 SPS 69678 b

1standing, parking, compliance, automated speed enforcement
2system, or automated traffic law violation shall constitute a
3final disposition of that violation.
4    (f) After the expiration of the period within which
5judicial review may be sought for a final determination of
6parking, standing, compliance, automated speed enforcement
7system, or automated traffic law violation, the township,
8municipality, or county may commence a proceeding in the
9Circuit Court for purposes of obtaining a judgment on the
10final determination of violation. Nothing in this Section
11shall prevent a township, municipality, or county from
12consolidating multiple final determinations of parking,
13standing, compliance, automated speed enforcement system, or
14automated traffic law violations against a person in a
15proceeding. Upon commencement of the action, the township,
16municipality, or county shall file a certified copy or record
17of the final determination of parking, standing, compliance,
18automated speed enforcement system, or automated traffic law
19violation, which shall be accompanied by a certification that
20recites facts sufficient to show that the final determination
21of violation was issued in accordance with this Section and
22the applicable township, municipal, or county ordinance.
23Service of the summons and a copy of the petition may be by any
24method provided by Section 2-203 of the Code of Civil
25Procedure or by certified mail, return receipt requested,
26provided that the total amount of fines and penalties for

 

 

SB3662- 22 -LRB103 39483 SPS 69678 b

1final determinations of parking, standing, compliance,
2automated speed enforcement system, or automated traffic law
3violations does not exceed $2500. If the court is satisfied
4that the final determination of parking, standing, compliance,
5automated speed enforcement system, or automated traffic law
6violation was entered in accordance with the requirements of
7this Section and the applicable township, municipal, or county
8ordinance, and that the registered owner or the lessee, as the
9case may be, had an opportunity for an administrative hearing
10and for judicial review as provided in this Section, the court
11shall render judgment in favor of the township, municipality,
12or county and against the registered owner or the lessee for
13the amount indicated in the final determination of parking,
14standing, compliance, automated speed enforcement system, or
15automated traffic law violation, plus costs. The judgment
16shall have the same effect and may be enforced in the same
17manner as other judgments for the recovery of money.
18    (g) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20    A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.

 

 

SB3662- 23 -LRB103 39483 SPS 69678 b

1    (h) Notwithstanding any other provision of law to the
2contrary, a person shall not be liable for violations, fees,
3fines, or penalties under this Section during the period in
4which the motor vehicle was stolen or hijacked, as indicated
5in a report to the appropriate law enforcement agency filed in
6a timely manner.
7(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
8103-364, eff. 7-28-23.)
 
9    (625 ILCS 5/11-208.6)
10    Sec. 11-208.6. Automated traffic law enforcement system.
11    (a) As used in this Section, "automated traffic law
12enforcement system" means a device with one or more motor
13vehicle sensors working in conjunction with a red light signal
14to produce recorded images of motor vehicles entering an
15intersection against a red signal indication in violation of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18    An automated traffic law enforcement system is a system,
19in a township, municipality, or county operated by a
20governmental agency, that produces a recorded image of a motor
21vehicle's violation of a provision of this Code or a local
22ordinance and is designed to obtain a clear recorded image of
23the vehicle and the vehicle's license plate. The recorded
24image must also display the time, date, and location of the
25violation.

 

 

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1    (b) As used in this Section, "recorded images" means
2images recorded by an automated traffic law enforcement system
3on:
4        (1) 2 or more photographs;
5        (2) 2 or more microphotographs;
6        (3) 2 or more electronic images; or
7        (4) a video recording showing the motor vehicle and,
8    on at least one image or portion of the recording, clearly
9    identifying the registration plate or digital registration
10    plate number of the motor vehicle.
11    (b-5) A township, municipality, or county that produces a
12recorded image of a motor vehicle's violation of a provision
13of this Code or a local ordinance must make the recorded images
14of a violation accessible to the alleged violator by providing
15the alleged violator with a website address, accessible
16through the Internet.
17    (c) Except as provided under Section 11-208.8 of this
18Code, a township, county, or municipality, including a home
19rule county, or municipality, or township, may not use an
20automated traffic law enforcement system to provide recorded
21images of a motor vehicle for the purpose of recording its
22speed. Except as provided under Section 11-208.8 of this Code,
23the regulation of the use of automated traffic law enforcement
24systems to record vehicle speeds is an exclusive power and
25function of the State. This subsection (c) is a denial and
26limitation of home rule powers and functions under subsection

 

 

SB3662- 25 -LRB103 39483 SPS 69678 b

1(h) of Section 6 of Article VII of the Illinois Constitution.
2    (c-5) A township, county, or municipality, including a
3home rule county, or municipality, or township, may not use an
4automated traffic law enforcement system to issue violations
5in instances where the motor vehicle comes to a complete stop
6and does not enter the intersection, as defined by Section
71-132 of this Code, during the cycle of the red signal
8indication unless one or more pedestrians or bicyclists are
9present, even if the motor vehicle stops at a point past a stop
10line or crosswalk where a driver is required to stop, as
11specified in subsection (c) of Section 11-306 of this Code or a
12similar provision of a local ordinance.
13    (c-6) A township, a county, or a municipality with less
14than 2,000,000 inhabitants, including a home rule county, or
15municipality, or township, may not use an automated traffic
16law enforcement system to issue violations in instances where
17a motorcyclist enters an intersection against a red signal
18indication when the red signal fails to change to a green
19signal within a reasonable period of time not less than 120
20seconds because of a signal malfunction or because the signal
21has failed to detect the arrival of the motorcycle due to the
22motorcycle's size or weight.
23    (d) For each violation of a provision of this Code or a
24local ordinance recorded by an automatic traffic law
25enforcement system, the county, or municipality, or township
26having jurisdiction shall issue a written notice of the

 

 

SB3662- 26 -LRB103 39483 SPS 69678 b

1violation to the registered owner of the vehicle as the
2alleged violator. The notice shall be delivered to the
3registered owner of the vehicle, by mail, within 30 days after
4the Secretary of State notifies the township, municipality, or
5county of the identity of the owner of the vehicle, but in no
6event later than 90 days after the violation.
7    The notice shall include:
8        (1) the name and address of the registered owner of
9    the vehicle;
10        (2) the registration number of the motor vehicle
11    involved in the violation;
12        (3) the violation charged;
13        (4) the location where the violation occurred;
14        (5) the date and time of the violation;
15        (6) a copy of the recorded images;
16        (7) the amount of the civil penalty imposed and the
17    requirements of any traffic education program imposed and
18    the date by which the civil penalty should be paid and the
19    traffic education program should be completed;
20        (8) a statement that recorded images are evidence of a
21    violation of a red light signal;
22        (9) a warning that failure to pay the civil penalty,
23    to complete a required traffic education program, or to
24    contest liability in a timely manner is an admission of
25    liability;
26        (10) a statement that the person may elect to proceed

 

 

SB3662- 27 -LRB103 39483 SPS 69678 b

1    by:
2            (A) paying the fine, completing a required traffic
3        education program, or both; or
4            (B) challenging the charge in court, by mail, or
5        by administrative hearing; and
6        (11) a website address, accessible through the
7    Internet, where the person may view the recorded images of
8    the violation.
9    (e) (Blank).
10    (f) Based on inspection of recorded images produced by an
11automated traffic law enforcement system, a notice alleging
12that the violation occurred shall be evidence of the facts
13contained in the notice and admissible in any proceeding
14alleging a violation under this Section.
15    (g) Recorded images made by an automatic traffic law
16enforcement system are confidential and shall be made
17available only to the alleged violator and governmental and
18law enforcement agencies for purposes of adjudicating a
19violation of this Section, for statistical purposes, or for
20other governmental purposes. Any recorded image evidencing a
21violation of this Section, however, may be admissible in any
22proceeding resulting from the issuance of the citation.
23    (h) 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

 

 

SB3662- 28 -LRB103 39483 SPS 69678 b

1    stolen before the violation occurred and not under the
2    control of or in the possession of the owner or lessee at
3    the 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 vehicle passed through the
9    intersection when the light was red either (i) in order to
10    yield the right-of-way to an emergency vehicle or (ii) as
11    part of a funeral procession; and
12        (3) any other evidence or issues provided by township,
13    municipal, or county ordinance.
14    (i) To demonstrate that the motor vehicle was hijacked or
15the motor vehicle or registration plates or digital
16registration plates were stolen before the violation occurred
17and were not under the control or possession of the owner or
18lessee at the time of the violation, the owner or lessee must
19submit proof that a report concerning the motor vehicle or
20registration plates was filed with a law enforcement agency in
21a timely manner.
22    (j) Unless the driver of the motor vehicle received a
23Uniform Traffic Citation from a police officer at the time of
24the violation, the motor vehicle owner is subject to a civil
25penalty not exceeding $100 or the completion of a traffic
26education program, or both, plus an additional penalty of not

 

 

SB3662- 29 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 30 -LRB103 39483 SPS 69678 b

1approaching traffic indicating that the intersection is being
2monitored by an automated traffic law enforcement system and
3informing drivers whether, following a stop, a right turn at
4the intersection is permitted or prohibited.
5    (k-3) A township, municipality, or county that has one or
6more intersections equipped with an automated traffic law
7enforcement system must provide notice to drivers by posting
8the locations of automated traffic law systems on the
9township, municipality, or county website.
10    (k-5) An intersection equipped with an automated traffic
11law enforcement system must have a yellow change interval that
12conforms with the Illinois Manual on Uniform Traffic Control
13Devices (IMUTCD) published by the Illinois Department of
14Transportation. Beginning 6 months before it installs an
15automated traffic law enforcement system at an intersection, a
16county, or municipality, or township may not change the yellow
17change interval at that intersection.
18    (k-7) A township, municipality, or county operating an
19automated traffic law enforcement system shall conduct a
20statistical analysis to assess the safety impact of each
21automated traffic law enforcement system at an intersection
22following installation of the system and every 2 years
23thereafter. Each statistical analysis shall be based upon the
24best available crash, traffic, and other data, and shall cover
25a period of time before and after installation of the system
26sufficient to provide a statistically valid comparison of

 

 

SB3662- 31 -LRB103 39483 SPS 69678 b

1safety impact. Each statistical analysis shall be consistent
2with professional judgment and acceptable industry practice.
3Each statistical analysis also shall be consistent with the
4data required for valid comparisons of before and after
5conditions and shall be conducted within a reasonable period
6following the installation of the automated traffic law
7enforcement system. Each statistical analysis required by this
8subsection (k-7) shall be made available to the public and
9shall be published on the website of the township,
10municipality, or county. If a statistical analysis 36-month
11indicates that there has been an increase in the rate of
12crashes at the approach to the intersection monitored by the
13system, the township, municipality, or county shall undertake
14additional studies to determine the cause and severity of the
15crashes, and may take any action that it determines is
16necessary or appropriate to reduce the number or severity of
17the crashes at that intersection.
18    (k-8) Any township, municipality, or county operating an
19automated traffic law enforcement system before July 28, 2023
20(the effective date of Public Act 103-364) this amendatory Act
21of the 103rd General Assembly shall conduct a statistical
22analysis to assess the safety impact of each automated traffic
23law enforcement system at an intersection by no later than one
24year after July 28, 2023 (the effective date of Public Act
25103-364) this amendatory Act of the 103rd General Assembly and
26every 2 years thereafter. The statistical analyses shall be

 

 

SB3662- 32 -LRB103 39483 SPS 69678 b

1based upon the best available crash, traffic, and other data,
2and shall cover a period of time before and after installation
3of the system sufficient to provide a statistically valid
4comparison of safety impact. The statistical analyses shall be
5consistent with professional judgment and acceptable industry
6practice. The statistical analyses also shall be consistent
7with the data required for valid comparisons of before and
8after conditions. The statistical analyses required by this
9subsection shall be made available to the public and shall be
10published on the website of the township, municipality, or
11county. If the statistical analysis for any period following
12installation of the system indicates that there has been an
13increase in the rate of accidents at the approach to the
14intersection monitored by the system, the township,
15municipality, or county shall undertake additional studies to
16determine the cause and severity of the accidents, and may
17take any action that it determines is necessary or appropriate
18to reduce the number or severity of the accidents at that
19intersection.
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    (l-1) No member of the General Assembly and no officer or
26employee of a township, municipality, or county shall

 

 

SB3662- 33 -LRB103 39483 SPS 69678 b

1knowingly accept employment or receive compensation or fees
2for services from a vendor that provides automated traffic law
3enforcement system equipment or services to townships,
4municipalities, or counties. No former member of the General
5Assembly shall, within a period of 2 years immediately after
6the termination of service as a member of the General
7Assembly, knowingly accept employment or receive compensation
8or fees for services from a vendor that provides automated
9traffic law enforcement system equipment or services to
10townships, municipalities, or counties. No former officer or
11employee of a township, municipality, or county shall, within
12a period of 2 years immediately after the termination of
13township, municipal, or county employment, knowingly accept
14employment or receive compensation or fees for services from a
15vendor that provides automated traffic law enforcement system
16equipment or services to townships, municipalities, or
17counties.
18    (m) This Section applies only to the counties of Cook,
19DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
20to municipalities and townships located within those counties.
21    (n) The fee for participating in a traffic education
22program under this Section shall not exceed $25.
23    A low-income individual required to complete a traffic
24education program under this Section who provides proof of
25eligibility for the federal earned income tax credit under
26Section 32 of the Internal Revenue Code or the Illinois earned

 

 

SB3662- 34 -LRB103 39483 SPS 69678 b

1income tax credit under Section 212 of the Illinois Income Tax
2Act shall not be required to pay any fee for participating in a
3required traffic education program.
4    (o) (Blank).
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee.
13    Upon the provision of information by the lessor pursuant
14to this subsection, the county, or municipality, or township
15may issue the violation to the lessee of the vehicle in the
16same manner as it would issue a violation to a registered owner
17of a vehicle pursuant to this Section, and the lessee may be
18held liable for the violation.
19    (q) If a county, or municipality, or township selects a
20new vendor for its automated traffic law enforcement system
21and must, as a consequence, apply for a permit, approval, or
22other authorization from the Department for reinstallation of
23one or more malfunctioning components of that system and if,
24at the time of the application for the permit, approval, or
25other authorization, the new vendor operates an automated
26traffic law enforcement system for any other county, or

 

 

SB3662- 35 -LRB103 39483 SPS 69678 b

1municipality, or township in the State, then the Department
2shall approve or deny the county , municipality, or township's
3or municipality's application for the permit, approval, or
4other authorization within 90 days after its receipt.
5    (r) The Department may revoke any permit, approval, or
6other authorization granted to a county, or municipality, or
7township for the placement, installation, or operation of an
8automated traffic law enforcement system if any official or
9employee who serves that county, or municipality, or township
10is charged with bribery, official misconduct, or a similar
11crime related to the placement, installation, or operation of
12the automated traffic law enforcement system in the county, or
13municipality, or township.
14    The Department shall adopt any rules necessary to
15implement and administer this subsection. The rules adopted by
16the Department shall describe the revocation process, shall
17ensure that notice of the revocation is provided, and shall
18provide an opportunity to appeal the revocation. Any county,
19or municipality, or township that has a permit, approval, or
20other authorization revoked under this subsection may not
21reapply for such a permit, approval, or other authorization
22for a period of one 1 year after the revocation.
23    (s) If an automated traffic law enforcement system is
24removed or rendered inoperable due to construction, then the
25Department shall authorize the reinstallation or use of the
26automated traffic law enforcement system within 30 days after

 

 

SB3662- 36 -LRB103 39483 SPS 69678 b

1the construction is complete.
2(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
3103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
41-30-24.)
 
5    (625 ILCS 5/11-208.8)
6    Sec. 11-208.8. Automated speed enforcement systems in
7safety zones.
8    (a) As used in this Section:
9    "Automated speed enforcement system" means a photographic
10device, radar device, laser device, or other electrical or
11mechanical device or devices installed or utilized in a safety
12zone and designed to record the speed of a vehicle and obtain a
13clear photograph or other recorded image of the vehicle and
14the vehicle's registration plate or digital registration plate
15while the driver is violating Article VI of Chapter 11 of this
16Code or a similar provision of a local ordinance.
17    An automated speed enforcement system is a system, located
18in a safety zone which is under the jurisdiction of a township
19or municipality, that produces a recorded image of a motor
20vehicle's violation of a provision of this Code or a local
21ordinance and is designed to obtain a clear recorded image of
22the vehicle and the vehicle's license plate. The recorded
23image must also display the time, date, and location of the
24violation.
25    "Owner" means the person or entity to whom the vehicle is

 

 

SB3662- 37 -LRB103 39483 SPS 69678 b

1registered.
2    "Recorded image" means images recorded by an automated
3speed enforcement system on:
4        (1) 2 or more photographs;
5        (2) 2 or more microphotographs;
6        (3) 2 or more electronic images; or
7        (4) a video recording showing the motor vehicle and,
8    on at least one image or portion of the recording, clearly
9    identifying the registration plate or digital registration
10    plate number of the motor vehicle.
11    "Safety zone" means an area that is within one-eighth of a
12mile from the nearest property line of any public or private
13elementary or secondary school, or from the nearest property
14line of any facility, area, or land owned by a school district
15that is used for educational purposes approved by the Illinois
16State Board of Education, not including school district
17headquarters or administrative buildings. A safety zone also
18includes an area that is within one-eighth of a mile from the
19nearest property line of any facility, area, or land owned by a
20park district used for recreational purposes. However, if any
21portion of a roadway is within either one-eighth mile radius,
22the safety zone also shall include the roadway extended to the
23furthest portion of the next furthest intersection. The term
24"safety zone" does not include any portion of the roadway
25known as Lake Shore Drive or any controlled access highway
26with 8 or more lanes of traffic.

 

 

SB3662- 38 -LRB103 39483 SPS 69678 b

1    (a-5) The automated speed enforcement system shall be
2operational and violations shall be recorded only at the
3following times:
4        (i) if the safety zone is based upon the property line
5    of any facility, area, or land owned by a school district,
6    only on school days and no earlier than 6 a.m. and no later
7    than 8:30 p.m. if the school day is during the period of
8    Monday through Thursday, or 9 p.m. if the school day is a
9    Friday; and
10        (ii) if the safety zone is based upon the property
11    line of any facility, area, or land owned by a park
12    district, no earlier than one hour prior to the time that
13    the facility, area, or land is open to the public or other
14    patrons, and no later than one hour after the facility,
15    area, or land is closed to the public or other patrons.
16    (b) A township or municipality that produces a recorded
17image of a motor vehicle's violation of a provision of this
18Code or a local ordinance must make the recorded images of a
19violation accessible to the alleged violator by providing the
20alleged violator with a website address, accessible through
21the Internet.
22    (c) Notwithstanding any penalties for any other violations
23of this Code, the owner of a motor vehicle used in a traffic
24violation recorded by an automated speed enforcement system
25shall be subject to the following penalties:
26        (1) if the recorded speed is no less than 6 miles per

 

 

SB3662- 39 -LRB103 39483 SPS 69678 b

1    hour and no more than 10 miles per hour over the legal
2    speed limit, a civil penalty not exceeding $50, plus an
3    additional penalty of not more than $50 for failure to pay
4    the original penalty in a timely manner; or
5        (2) if the recorded speed is more than 10 miles per
6    hour over the legal speed limit, a civil penalty not
7    exceeding $100, plus an additional penalty of not more
8    than $100 for failure to pay the original penalty in a
9    timely manner.
10    A penalty may not be imposed under this Section if the
11driver of the motor vehicle received a Uniform Traffic
12Citation from a police officer for a speeding violation
13occurring within one-eighth of a mile and 15 minutes of the
14violation that was recorded by the system. A violation for
15which a civil penalty is imposed under this Section is not a
16violation of a traffic regulation governing the movement of
17vehicles and may not be recorded on the driving record of the
18owner of the vehicle. A law enforcement officer is not
19required to be present or to witness the violation. No penalty
20may be imposed under this Section if the recorded speed of a
21vehicle is 5 miles per hour or less over the legal speed limit.
22The township or municipality may send, in the same manner that
23notices are sent under this Section, a speed violation warning
24notice where the violation involves a speed of 5 miles per hour
25or less above the legal speed limit.
26    (d) The net proceeds that a township or municipality

 

 

SB3662- 40 -LRB103 39483 SPS 69678 b

1receives from civil penalties imposed under an automated speed
2enforcement system, after deducting all non-personnel and
3personnel costs associated with the operation and maintenance
4of such system, shall be expended or obligated by the township
5or municipality for the following purposes:
6        (i) public safety initiatives to ensure safe passage
7    around schools, and to provide police protection and
8    surveillance around schools and parks, including but not
9    limited to: (1) personnel costs; and (2) non-personnel
10    costs such as construction and maintenance of public
11    safety infrastructure and equipment;
12        (ii) initiatives to improve pedestrian and traffic
13    safety;
14        (iii) construction and maintenance of infrastructure
15    within the township or municipality, including but not
16    limited to roads and bridges; and
17        (iv) after school programs.
18    (e) For each violation of a provision of this Code or a
19local ordinance recorded by an automated speed enforcement
20system, the township or municipality having jurisdiction shall
21issue a written notice of the violation to the registered
22owner of the vehicle as the alleged violator. The notice shall
23be delivered to the registered owner of the vehicle, by mail,
24within 30 days after the Secretary of State notifies the
25township or municipality of the identity of the owner of the
26vehicle, but in no event later than 90 days after the

 

 

SB3662- 41 -LRB103 39483 SPS 69678 b

1violation.
2    (f) The notice required under subsection (e) of this
3Section shall include:
4        (1) the name and address of the registered owner of
5    the vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the date, time, and location where the violation
10    occurred;
11        (5) a copy of the recorded image or images;
12        (6) the amount of the civil penalty imposed and the
13    date by which the civil penalty should be paid;
14        (7) a statement that recorded images are evidence of a
15    violation of a speed restriction;
16        (8) a warning that failure to pay the civil penalty or
17    to contest liability in a timely manner is an admission of
18    liability;
19        (9) a statement that the person may elect to proceed
20    by:
21            (A) paying the fine; or
22            (B) challenging the charge in court, by mail, or
23        by administrative hearing; and
24        (10) a website address, accessible through the
25    Internet, where the person may view the recorded images of
26    the violation.

 

 

SB3662- 42 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 43 -LRB103 39483 SPS 69678 b

1    Uniform Traffic Citation from a police officer for a
2    speeding violation occurring within one-eighth of a mile
3    and 15 minutes of the violation that was recorded by the
4    system; and
5        (3) any other evidence or issues provided by township
6    or municipal ordinance.
7    (k) To demonstrate that the motor vehicle was hijacked or
8the motor vehicle or registration plates or digital
9registration plates were stolen before the violation occurred
10and were not under the control or possession of the owner or
11lessee at the time of the violation, the owner or lessee must
12submit proof that a report concerning the motor vehicle or
13registration plates was filed with a law enforcement agency in
14a timely manner.
15    (l) A roadway equipped with an automated speed enforcement
16system shall be posted with a sign conforming to the national
17Manual on Uniform Traffic Control Devices that is visible to
18approaching traffic stating that vehicle speeds are being
19photo-enforced and indicating the speed limit. The township or
20municipality shall install such additional signage as it
21determines is necessary to give reasonable notice to drivers
22as to where automated speed enforcement systems are installed.
23    (m) A roadway where a new automated speed enforcement
24system is installed shall be posted with signs providing 30
25days notice of the use of a new automated speed enforcement
26system prior to the issuance of any citations through the

 

 

SB3662- 44 -LRB103 39483 SPS 69678 b

1automated speed enforcement system.
2    (n) The compensation paid for an automated speed
3enforcement system must be based on the value of the equipment
4or the services provided and may not be based on the number of
5traffic citations issued or the revenue generated by the
6system.
7    (n-1) No member of the General Assembly and no officer or
8employee of a township, municipality, or county shall
9knowingly accept employment or receive compensation or fees
10for services from a vendor that provides automated speed
11enforcement system equipment or services to townships,
12municipalities, or counties. No former member of the General
13Assembly shall, within a period of 2 years immediately after
14the termination of service as a member of the General
15Assembly, knowingly accept employment or receive compensation
16or fees for services from a vendor that provides automated
17speed enforcement system equipment or services to townships,
18municipalities, or counties. No former officer or employee of
19a township, municipality, or county shall, within a period of
202 years immediately after the termination of township,
21municipal, or county employment, knowingly accept employment
22or receive compensation or fees for services from a vendor
23that provides automated speed enforcement system equipment or
24services to townships, municipalities, or counties.
25    (o) (Blank).
26    (p) No person who is the lessor of a motor vehicle pursuant

 

 

SB3662- 45 -LRB103 39483 SPS 69678 b

1to a written lease agreement shall be liable for an automated
2speed or traffic law enforcement system violation involving
3such motor vehicle during the period of the lease; provided
4that upon the request of the appropriate authority received
5within 120 days after the violation occurred, the lessor
6provides within 60 days after such receipt the name and
7address of the lessee. The drivers license number of a lessee
8may be subsequently individually requested by the appropriate
9authority if needed for enforcement of this Section.
10    Upon the provision of information by the lessor pursuant
11to this subsection, the township or municipality may issue the
12violation to the lessee of the vehicle in the same manner as it
13would issue a violation to a registered owner of a vehicle
14pursuant to this Section, and the lessee may be held liable for
15the violation.
16    (q) A township or municipality using an automated speed
17enforcement system must provide notice to drivers by
18publishing the locations of all safety zones where system
19equipment is installed on the website of the township or
20municipality.
21    (r) A township or municipality operating an automated
22speed enforcement system shall conduct a statistical analysis
23to assess the safety impact of the system following
24installation of the system and every 2 years thereafter. A
25township or municipality operating an automated speed
26enforcement system before the effective date of this

 

 

SB3662- 46 -LRB103 39483 SPS 69678 b

1amendatory Act of the 103rd General Assembly shall conduct a
2statistical analysis to assess the safety impact of the system
3by no later than one year after the effective date of this
4amendatory Act of the 103rd General Assembly and every 2 years
5thereafter. Each statistical analysis shall be based upon the
6best available crash, traffic, and other data, and shall cover
7a period of time before and after installation of the system
8sufficient to provide a statistically valid comparison of
9safety impact. Each statistical analysis shall be consistent
10with professional judgment and acceptable industry practice.
11Each statistical analysis also shall be consistent with the
12data required for valid comparisons of before and after
13conditions and shall be conducted within a reasonable period
14following the installation of the automated traffic law
15enforcement system. Each statistical analysis required by this
16subsection shall be made available to the public and shall be
17published on the website of the township or municipality.
18    (s) (Blank). This Section applies only to municipalities
19with a population of 1,000,000 or more inhabitants.
20    (t) If a county, or municipality, or township selects a
21new vendor for its automated speed enforcement system and
22must, as a consequence, apply for a permit, approval, or other
23authorization from the Department for reinstallation of one or
24more malfunctioning components of that system and if, at the
25time of the application for the permit, approval, or other
26authorization, the new vendor operates an automated speed

 

 

SB3662- 47 -LRB103 39483 SPS 69678 b

1enforcement system for any other county, or municipality, or
2township in the State, then the Department shall approve or
3deny the county, municipality, or township's or municipality's
4application for the permit, approval, or other authorization
5within 90 days after its receipt.
6    (u) The Department may revoke any permit, approval, or
7other authorization granted to a county, or municipality , or
8township for the placement, installation, or operation of an
9automated speed enforcement system if any official or employee
10who serves that county, or municipality, or township is
11charged with bribery, official misconduct, or a similar crime
12related to the placement, installation, or operation of the
13automated speed enforcement system in the county, or
14municipality, or township.
15    The Department shall adopt any rules necessary to
16implement and administer this subsection. The rules adopted by
17the Department shall describe the revocation process, shall
18ensure that notice of the revocation is provided, and shall
19provide an opportunity to appeal the revocation. Any county,
20or municipality, or township that has a permit, approval, or
21other authorization revoked under this subsection may not
22reapply for such a permit, approval, or other authorization
23for a period of one 1 year after the revocation.
24(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
 
25    (625 ILCS 5/11-208.9)

 

 

SB3662- 48 -LRB103 39483 SPS 69678 b

1    Sec. 11-208.9. Automated traffic law enforcement system;
2approaching, overtaking, and passing a school bus.
3    (a) As used in this Section, "automated traffic law
4enforcement system" means a device with one or more motor
5vehicle sensors working in conjunction with the visual signals
6on a school bus, as specified in Sections 12-803 and 12-805 of
7this Code, to produce recorded images of motor vehicles that
8fail to stop before meeting or overtaking, from either
9direction, any school bus stopped at any location for the
10purpose of receiving or discharging pupils in violation of
11Section 11-1414 of this Code or a similar provision of a local
12ordinance.
13    An automated traffic law enforcement system is a system,
14in a township, municipality, or county operated by a
15governmental agency, that produces a recorded image of a motor
16vehicle's violation of a provision of this Code or a local
17ordinance and is designed to obtain a clear recorded image of
18the vehicle and the vehicle's license plate. The recorded
19image must also display the time, date, and location of the
20violation.
21    (b) As used in this Section, "recorded images" means
22images recorded by an automated traffic law enforcement system
23on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;
26        (3) 2 or more electronic images; or

 

 

SB3662- 49 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 50 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 51 -LRB103 39483 SPS 69678 b

1    (h) Recorded images made by an automated traffic law
2enforcement system are confidential and shall be made
3available only to the alleged violator and governmental and
4law enforcement agencies for purposes of adjudicating a
5violation of this Section, for statistical purposes, or for
6other governmental purposes. Any recorded image evidencing a
7violation of this Section, however, may be admissible in any
8proceeding resulting from the issuance of the citation.
9    (i) The court or hearing officer may consider in defense
10of a violation:
11        (1) that the motor vehicle or registration plates or
12    digital registration plates of the motor vehicle were
13    stolen before the violation occurred and not under the
14    control of or in the possession of the owner or lessee at
15    the time of the violation;
16        (1.5) that the motor vehicle was hijacked before the
17    violation occurred and not under the control of or in the
18    possession of the owner or lessee at the time of the
19    violation;
20        (2) that the driver of the motor vehicle received a
21    Uniform Traffic Citation from a police officer for a
22    violation of Section 11-1414 of this Code within
23    one-eighth of a mile and 15 minutes of the violation that
24    was recorded by the system;
25        (3) that the visual signals required by Sections
26    12-803 and 12-805 of this Code were damaged, not

 

 

SB3662- 52 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 53 -LRB103 39483 SPS 69678 b

1offense.
2    (l) A school bus equipped with an automated traffic law
3enforcement system must be posted with a sign indicating that
4the school bus is being monitored by an automated traffic law
5enforcement system.
6    (m) A township, municipality, or county that has one or
7more school buses equipped with an automated traffic law
8enforcement system must provide notice to drivers by posting a
9list of school districts using school buses equipped with an
10automated traffic law enforcement system on the township,
11municipality, or county website. School districts that have
12one or more school buses equipped with an automated traffic
13law enforcement system must provide notice to drivers by
14posting that information on their websites.
15    (n) A township, municipality, or county operating an
16automated traffic law enforcement system shall conduct a
17statistical analysis to assess the safety impact in each
18school district using school buses equipped with an automated
19traffic law enforcement system following installation of the
20system and every 2 years thereafter. A township, municipality,
21or county operating an automated speed enforcement system
22before the effective date of this amendatory Act of the 103rd
23General Assembly shall conduct a statistical analysis to
24assess the safety impact of the system by no later than one
25year after the effective date of this amendatory Act of the
26103rd General Assembly and every 2 years thereafter. Each

 

 

SB3662- 54 -LRB103 39483 SPS 69678 b

1statistical analysis shall be based upon the best available
2crash, traffic, and other data, and shall cover a period of
3time before and after installation of the system sufficient to
4provide a statistically valid comparison of safety impact.
5Each statistical analysis shall be consistent with
6professional judgment and acceptable industry practice. Each
7statistical analysis also shall be consistent with the data
8required for valid comparisons of before and after conditions
9and shall be conducted within a reasonable period following
10the installation of the automated traffic law enforcement
11system. Each statistical analysis required by this subsection
12shall be made available to the public and shall be published on
13the website of the township, municipality, or county. If a
14statistical analysis indicates that there has been an increase
15in the rate of crashes at the approach to school buses
16monitored by the system, the township, municipality, or county
17shall undertake additional studies to determine the cause and
18severity of the crashes, and may take any action that it
19determines is necessary or appropriate to reduce the number or
20severity of the crashes involving school buses equipped with
21an automated traffic law enforcement system.
22    (o) The compensation paid for an automated traffic law
23enforcement system must be based on the value of the equipment
24or the services provided and may not be based on the number of
25traffic citations issued or the revenue generated by the
26system.

 

 

SB3662- 55 -LRB103 39483 SPS 69678 b

1    (o-1) No member of the General Assembly and no officer or
2employee of a township, municipality, or county shall
3knowingly accept employment or receive compensation or fees
4for services from a vendor that provides automated traffic law
5enforcement system equipment or services to townships,
6municipalities, or counties. No former member of the General
7Assembly shall, within a period of 2 years immediately after
8the termination of service as a member of the General
9Assembly, knowingly accept employment or receive compensation
10or fees for services from a vendor that provides automated
11traffic law enforcement system equipment or services to
12townships, municipalities, or counties. No former officer or
13employee of a township, municipality, or county shall, within
14a period of 2 years immediately after the termination of
15township, municipal, or county employment, knowingly accept
16employment or receive compensation or fees for services from a
17vendor that provides automated traffic law enforcement system
18equipment or services to townships, municipalities, or
19counties.
20    (p) No person who is the lessor of a motor vehicle pursuant
21to a written lease agreement shall be liable for an automated
22speed or traffic law enforcement system violation involving
23such motor vehicle during the period of the lease; provided
24that upon the request of the appropriate authority received
25within 120 days after the violation occurred, the lessor
26provides within 60 days after such receipt the name and

 

 

SB3662- 56 -LRB103 39483 SPS 69678 b

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

 

 

SB3662- 57 -LRB103 39483 SPS 69678 b

1equally between the school district and the township,
2municipality, or county administering the automated traffic
3law enforcement system.
4    (s) If a county, or municipality, or township changes the
5vendor it uses for its automated traffic law enforcement
6system and must, as a consequence, apply for a permit,
7approval, or other authorization from the Department for
8reinstallation of one or more malfunctioning components of
9that system and if, at the time of the application, the new
10vendor operates an automated traffic law enforcement system
11for any other county, or municipality, or township in the
12State, then the Department shall approve or deny the county,
13municipality, or township's or municipality's application for
14that permit, approval, or other authorization within 90 days
15after its receipt.
16    (t) The Department may revoke any permit, approval, or
17other authorization granted to a county, or municipality, or
18township for the placement, installation, or operation of an
19automated traffic law enforcement system if any official or
20employee who serves that county, or municipality, or township
21is charged with bribery, official misconduct, or a similar
22crime related to the placement, installation, or operation of
23the automated traffic law enforcement system in the county, or
24municipality , or township.
25    The Department shall adopt any rules necessary to
26implement and administer this subsection. The rules adopted by

 

 

SB3662- 58 -LRB103 39483 SPS 69678 b

1the Department shall describe the revocation process, shall
2ensure that notice of the revocation is provided, and shall
3provide an opportunity to appeal the revocation. Any county,
4or municipality, or township that has a permit, approval, or
5other authorization revoked under this subsection may not
6reapply for such a permit, approval, or other authorization
7for a period of one 1 year after the revocation.
8(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
9103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
 
10    (625 ILCS 5/11-1201.1)
11    Sec. 11-1201.1. Automated railroad crossing enforcement
12system.
13    (a) For the purposes of this Section, an automated
14railroad grade crossing enforcement system is a system in a
15township, municipality, or county operated by a governmental
16agency that produces a recorded image of a motor vehicle's
17violation of a provision of this Code or local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19vehicle's license plate. The recorded image must also display
20the time, date, and location of the violation.
21    As used in this Section, "recorded images" means images
22recorded by an automated railroad grade crossing enforcement
23system on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;

 

 

SB3662- 59 -LRB103 39483 SPS 69678 b

1        (3) 2 or more electronic images; or
2        (4) a video recording showing the motor vehicle and,
3    on at least one image or portion of the recording, clearly
4    identifying the registration plate or digital registration
5    plate number of the motor vehicle.
6    (b) The Illinois Commerce Commission may, in cooperation
7with a local law enforcement agency, establish in any county,
8or municipality, or township an automated railroad grade
9crossing enforcement system at any railroad grade crossing
10equipped with a crossing gate designated by local authorities.
11Local authorities desiring the establishment of an automated
12railroad crossing enforcement system must initiate the process
13by enacting a local ordinance requesting the creation of such
14a system. After the ordinance has been enacted, and before any
15additional steps toward the establishment of the system are
16undertaken, the local authorities and the Commission must
17agree to a plan for obtaining, from any combination of
18federal, State, and local funding sources, the moneys required
19for the purchase and installation of any necessary equipment.
20    (b-1) (Blank).
21    (c) For each violation of Section 11-1201 of this Code or a
22local ordinance recorded by an automated railroad grade
23crossing enforcement system, the county, or municipality, or
24township having jurisdiction shall issue a written notice of
25the violation to the registered owner of the vehicle as the
26alleged violator. The notice shall be delivered to the

 

 

SB3662- 60 -LRB103 39483 SPS 69678 b

1registered owner of the vehicle, by mail, no later than 90 days
2after the violation.
3    The notice shall include:
4        (1) the name and address of the registered owner of
5    the vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    date by which the civil penalty should be paid;
14        (8) a statement that recorded images are evidence of a
15    violation of a railroad grade crossing;
16        (9) a warning that failure to pay the civil penalty or
17    to contest liability in a timely manner is an admission of
18    liability; and
19        (10) a statement that the person may elect to proceed
20    by:
21            (A) paying the fine; or
22            (B) challenging the charge in court, by mail, or
23        by administrative hearing.
24    (d) (Blank).
25    (d-1) (Blank).
26    (d-2) (Blank).

 

 

SB3662- 61 -LRB103 39483 SPS 69678 b

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

 

 

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

 

 

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1declares that it would have passed the remaining parts of this
2Section if it had known that the other part or parts of this
3Section would be declared unconstitutional.
4    (j) Penalty. A civil fine of $250 shall be imposed for a
5first violation of this Section, and a civil fine of $500 shall
6be imposed for a second or subsequent violation of this
7Section.
8(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
9102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)