Full Text of HB3126 95th General Assembly
HB3126ham001 95TH GENERAL ASSEMBLY
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Rep. Jim Sacia
Filed: 4/25/2007
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| AMENDMENT TO HOUSE BILL 3126
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| AMENDMENT NO. ______. Amend House Bill 3126 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Vehicle Code is amended by | 5 |
| changing Section 11-605.1 as follows: | 6 |
| (625 ILCS 5/11-605.1) | 7 |
| Sec. 11-605.1. Special limit while traveling through a | 8 |
| highway construction or maintenance speed zone. | 9 |
| (a) A person may not operate a motor vehicle in a | 10 |
| construction or maintenance speed zone at a speed in excess of | 11 |
| the posted speed limit.
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| (b) Nothing in this Chapter prohibits the use of electronic | 13 |
| speed-detecting devices or automated traffic control systems
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| within 500 feet of signs within a construction or maintenance | 15 |
| speed zone indicating the zone, as defined in this Section, nor | 16 |
| shall evidence obtained by use of those devices or systems be |
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| inadmissible in any prosecution for speeding, provided the use | 2 |
| of the device or system shall apply only to the enforcement of | 3 |
| the special speed limit in the construction or maintenance | 4 |
| speed zone.
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| (c) As used in this Section, a "construction or maintenance | 6 |
| speed zone" is an area in which the Department, Toll Highway | 7 |
| Authority, or local agency has determined that the preexisting | 8 |
| established speed limit through a highway construction or | 9 |
| maintenance project is greater than is reasonable or safe with | 10 |
| respect to the conditions expected to exist in the construction | 11 |
| or maintenance speed zone and has posted a lower speed limit | 12 |
| with a highway construction or maintenance speed zone special | 13 |
| speed limit sign. | 14 |
| Highway construction or maintenance speed zone special | 15 |
| speed limit signs shall be of a design approved by the | 16 |
| Department. The signs must give proper due warning that a | 17 |
| construction or maintenance speed zone is being approached and | 18 |
| must indicate the maximum speed limit in effect. The signs also | 19 |
| must state the amount of the minimum fine for a violation.
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| (d) A first violation of this Section is a petty offense | 21 |
| with a minimum fine of $250. A second or subsequent violation | 22 |
| of this Section is a petty offense with a minimum fine of $750. | 23 |
| (e) If a fine for a violation of this Section is $250 or | 24 |
| greater, the person who violated this Section shall be charged | 25 |
| an additional $125, which shall be deposited into the | 26 |
| Transportation Safety Highway Hire-back Fund in the State |
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| treasury, unless (i) the violation occurred on a highway other | 2 |
| than an interstate highway and (ii) a county police officer | 3 |
| wrote the ticket for the violation, in which case the $125 | 4 |
| shall be deposited into that county's Transportation Safety | 5 |
| Highway Hire-back Fund. In the case of a second or subsequent | 6 |
| violation of this Section, if the fine is $750 or greater, the | 7 |
| person who violated this Section shall be charged an additional | 8 |
| $250, which shall be deposited into the Transportation Safety | 9 |
| Highway Hire-back Fund in the State treasury, unless (i) the | 10 |
| violation occurred on a highway other than an interstate | 11 |
| highway and (ii) a county police officer wrote the ticket for | 12 |
| the violation, in which case the $250 shall be deposited into | 13 |
| that county's Transportation Safety Highway Hire-back Fund.
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| (e-5) The Department of State Police and the local county | 15 |
| police department have concurrent jurisdiction over any | 16 |
| violation of this Section that occurs on an interstate highway.
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| (f) The Transportation Safety Highway Hire-back Fund, | 18 |
| which was created by Public Act 92-619, shall continue to be a | 19 |
| special fund in the State treasury. Subject to appropriation by | 20 |
| the General Assembly and approval by the Secretary, the | 21 |
| Secretary of Transportation shall , except as otherwise | 22 |
| provided in this subsection (f), use all moneys in the | 23 |
| Transportation Safety Highway Hire-back Fund for the primary | 24 |
| purpose of hiring
to hire off-duty Department of State Police | 25 |
| officers to monitor construction or maintenance zones. Any | 26 |
| surplus moneys in this fund created as a result of fines |
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| collected from the use of the automated traffic control systems | 2 |
| may also be used to hire
off-duty Department of State Police | 3 |
| officers to monitor a construction or maintenance zone by use | 4 |
| of an automated traffic control system and to hire off-duty | 5 |
| Department of State Police personnel to process these alleged | 6 |
| violations. Moneys in this fund may also be used for the | 7 |
| purchase, maintenance, operation, upgrade, and support of | 8 |
| automated traffic control systems for use in construction and | 9 |
| maintenance zones.
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| (f-5) Each county shall create a Transportation Safety | 11 |
| Highway Hire-back Fund. The county shall use all moneys in its | 12 |
| Transportation Safety Highway Hire-back Fund to hire off-duty | 13 |
| county police officers to monitor construction or maintenance | 14 |
| zones in that county on highways other than interstate | 15 |
| highways.
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| (g) For a second or subsequent violation of this Section | 17 |
| within 2 years of the date of the previous violation, the | 18 |
| Secretary of State shall suspend the driver's license of the | 19 |
| violator for a period of 90 days.
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| (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.) | 21 |
| Section 10. The Automated Traffic Control Systems in | 22 |
| Highway Construction or Maintenance Zones Act is amended by | 23 |
| changing Sections 10, 15, 25, 30, 40, and 45 and by adding | 24 |
| Section 37 as follows: |
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| (625 ILCS 7/10)
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| Sec. 10. Establishment of automated control systems.
The | 3 |
| Department of State Police may establish an automated traffic | 4 |
| control system in any construction or maintenance zone | 5 |
| established by the Department of Transportation or the Illinois | 6 |
| State Toll Highway Authority. An automated traffic control | 7 |
| system may operate only during those periods when workers are | 8 |
| present in the construction or maintenance zone. In any | 9 |
| prosecution based upon evidence obtained through an automated | 10 |
| traffic control system established under this Act, the State | 11 |
| must prove that one or more workers were present in the | 12 |
| construction or maintenance zone when the violation occurred.
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| (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 14 |
| 94-814, eff. 1-1-07.) | 15 |
| (625 ILCS 7/15)
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| Sec. 15. Definitions. As used in this Act: | 17 |
| (a) "Automated traffic control system" means a | 18 |
| photographic device, radar device, laser device, or other | 19 |
| electrical or mechanical device or devices designed to record | 20 |
| the speed of a vehicle and obtain a clear photograph or other | 21 |
| recorded image of the vehicle, the vehicle operator, and the | 22 |
| vehicle's registration plate while the driver is violating | 23 |
| Section 11-605.1 of the Illinois Vehicle Code. The photograph | 24 |
| or other recorded image must also display the time, date, and | 25 |
| location of the violation. A law enforcement officer is not |
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| required to be present or to witness the violation. | 2 |
| (b) "Construction or maintenance zone" means an area in | 3 |
| which the Department of Transportation or the Illinois State | 4 |
| Toll Highway Authority has determined that the preexisting | 5 |
| established speed limit through a highway construction or | 6 |
| maintenance project is greater than is reasonable or safe with
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| respect to the conditions expected to exist in the construction | 8 |
| or maintenance
zone and has posted a lower speed limit with a | 9 |
| highway construction or maintenance zone special speed limit | 10 |
| sign in accordance with Section 11-605.1 of the Illinois | 11 |
| Vehicle Code. | 12 |
| (c) "Owner" means the person or entity to whom the vehicle | 13 |
| is registered.
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| (Source: P.A. 93-947, eff. 8-19-04.) | 15 |
| (625 ILCS 7/25)
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| Sec. 25. Limitations on the use of automated traffic | 17 |
| enforcement systems. | 18 |
| (a) The Department of State Police must conduct a public | 19 |
| information campaign to inform drivers about the use of | 20 |
| automated traffic
control systems in highway construction or | 21 |
| maintenance zones before establishing any of those systems. The | 22 |
| Department of State Police shall adopt rules for implementing | 23 |
| this subsection (a). | 24 |
| (b) Signs indicating that speeds are enforced by automated | 25 |
| traffic control systems must be clearly posted in the areas |
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| where the systems are in use. | 2 |
| (c) Operation of automated traffic control systems is | 3 |
| limited to areas where road construction or maintenance zones | 4 |
| as defined by this Act
is occurring . | 5 |
| (d) Photographs obtained in this manner may only be used as | 6 |
| evidence in relation to a violation of Section 11-605.1 of the | 7 |
| Illinois Vehicle Code for which the photograph is taken , unless | 8 |
| otherwise allowed by law. Photographs or recorded images made | 9 |
| by an automated traffic control system are confidential and | 10 |
| shall be made available only to the owner of the vehicle, the | 11 |
| alleged offender, the alleged offender's attorney, the | 12 |
| judiciary, the local State's Attorney, and governmental or law | 13 |
| enforcement agencies . The photographs are available only to the | 14 |
| owner of the vehicle, the offender and the offender's attorney, | 15 |
| the judiciary, the local State's Attorney, and law enforcement | 16 |
| officials. | 17 |
| (e) If the driver of the vehicle cannot be identified | 18 |
| through the photograph, the owner is not liable for the fine, | 19 |
| and the citation may not be counted against the driving record | 20 |
| of the owner. If the driver can be identified, the driver is | 21 |
| liable for the fine, and the violation is counted against his | 22 |
| or her driving record.
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| (Source: P.A. 93-947, eff. 8-19-04.) | 24 |
| (625 ILCS 7/30)
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| Sec. 30. Requirements for issuance of a citation. |
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| (a) The vehicle, vehicle operator, vehicle registration | 2 |
| plate, speed, date, time, and location must be clearly visible | 3 |
| on the photograph or other recorded image of the alleged | 4 |
| violation. | 5 |
| (b) An Illinois State Police
A Uniform Traffic Citation and | 6 |
| Complaint must be mailed or otherwise delivered to the | 7 |
| registered owner of the vehicle and to the alleged driver of | 8 |
| the vehicle . If mailed, the citation must be sent via certified | 9 |
| mail within 14
business days of the alleged violation , return | 10 |
| receipt requested . | 11 |
| (c) The Illinois State Police
Uniform Traffic Citation and | 12 |
| Complaint must include: | 13 |
| (1) the name and address of the vehicle owner; | 14 |
| (2) the registration number of the vehicle; | 15 |
| (3) the offense charged; | 16 |
| (4) the time, date, and location of the violation; | 17 |
| (5) the first available court date; and
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| (6) notice that the basis of the citation is the | 19 |
| photograph or recorded image from the automated traffic | 20 |
| control system. | 21 |
| (d) The Illinois State Police
Uniform Traffic Citation and | 22 |
| Complaint issued to the alleged violator must be accompanied by | 23 |
| a written document that lists the alleged violator's rights and | 24 |
| obligations and explains how the alleged violator can elect to | 25 |
| proceed by either paying the fine or challenging the issuance | 26 |
| of the Illinois State Police
Uniform Traffic Citation and |
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| Complaint .
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| (e) The written document accompanying the Illinois State | 3 |
| Police Citation and Complaint should advise the registered | 4 |
| owner that, if the owner was not the operator of the vehicle as | 5 |
| identified in the photograph or recorded image from the | 6 |
| automated traffic control system in use at the time of the | 7 |
| alleged offense, the owner must notify the Department of State | 8 |
| Police, in writing, of the number of the Illinois State Police | 9 |
| Citation and Complaint received and the name, driver's license | 10 |
| number, and address of the person operating the vehicle as | 11 |
| identified in the photograph or recorded image from the | 12 |
| automated traffic control system in use at the time of the | 13 |
| alleged offense. The document should state if the owner fails | 14 |
| to notify the Department of State Police, in writing, of the | 15 |
| name, driver's license number, and address of the operator of | 16 |
| the vehicle as identified in the photograph or recorded image | 17 |
| from the automated traffic control system in use at the time of | 18 |
| the alleged offense, the Secretary of State may suspend the | 19 |
| registration of the owner's vehicle in accordance with Section | 20 |
| 37.
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| (f) If the registered owner of the vehicle was not the | 22 |
| operator of the vehicle as identified in the photograph or | 23 |
| recorded image from the automated traffic control system in use | 24 |
| at the time of the alleged offense, and if the registered owner | 25 |
| notifies the Department of State Police of the name, driver's | 26 |
| license number, and address of the operator of the vehicle as |
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| identified in the photograph or recorded image from the | 2 |
| automated traffic control system in use at the time of the | 3 |
| alleged offense as required in subsection (e), the Department | 4 |
| of State Police shall then issue an Illinois State Police | 5 |
| Citation and Complaint to the person alleged by the registered | 6 |
| owner to have been the operator of the vehicle as identified in | 7 |
| the photograph or recorded image from the automated traffic | 8 |
| control system in use at the time of the alleged offense. If | 9 |
| the registered owner fails to notify in writing the Department | 10 |
| of State Police of the name, driver's license number, and | 11 |
| address of the operator of the vehicle as identified in the | 12 |
| photograph or recorded image from the automated traffic control | 13 |
| system in use at the time of the alleged offense, or if the | 14 |
| information provided by the registered owner is incorrect or | 15 |
| incomplete, the registered owner may be held accountable for | 16 |
| the violation cited in accordance with Section 37.
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| (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 18 |
| 94-814, eff. 1-1-07.) | 19 |
| (625 ILCS 7/37 new) | 20 |
| Sec. 37. Suspension of vehicle registration. | 21 |
| Notwithstanding any other penalties that may be imposed, the | 22 |
| Secretary of State may suspend the registration of any vehicle | 23 |
| that violates this Act if the registered owner does not comply | 24 |
| with this Act. |
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| (625 ILCS 7/40)
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| Sec. 40. Admissibility of recorded images. Except as | 3 |
| provided in Section 45, any photograph or other recorded image | 4 |
| evidencing a violation of Section 11-605.1 of the Illinois | 5 |
| Vehicle Code is admissible in any proceeding resulting from the | 6 |
| issuance of the Illinois State Police
Uniform Traffic Citation | 7 |
| and Complaint . Photographs or recorded images made by an | 8 |
| automatic traffic control system are confidential and shall be | 9 |
| made available only to the defendant and to governmental or law | 10 |
| enforcement agencies within the jurisdiction for the purposes | 11 |
| of adjudicating a driving violation.
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| (Source: P.A. 93-947, eff. 8-19-04.) | 13 |
| (625 ILCS 7/45)
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| Sec. 45. Corporation, association, business, or vehicle
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| Vehicle rental or leasing company's identification of a driver,
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| renter , or lessee. | 17 |
| (a)
An Illinois State Police
A Uniform Traffic Citation and | 18 |
| Complaint issued under this Act to a motor vehicle rental or | 19 |
| leasing company shall be dismissed with respect to the | 20 |
| corporation, association, business, rental or leasing company | 21 |
| if: | 22 |
| (1) the corporation, association, business, or company | 23 |
| responds to the Illinois State Police
Uniform Traffic
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| Citation and Complaint by submitting, within 30 days of the | 25 |
| mailing of the citation, an affidavit of non-liability |
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| stating that, at the time of the alleged speeding or other | 2 |
| traffic violation, the vehicle was in the custody and | 3 |
| control of a renter or lessee under the terms of a rental | 4 |
| agreement or lease; and | 5 |
| (2) the corporation, association, business, or company | 6 |
| provides the driver's license number, name, and address of | 7 |
| the renter or lessee. | 8 |
| (b) Illinois State Police
A Uniform Traffic Citation and | 9 |
| Complaint dismissed with respect to a motor vehicle rental or | 10 |
| leasing company in accordance with subsection (a) may then be | 11 |
| issued and delivered by mail or other means to the renter or | 12 |
| lessee identified in the photograph or recorded image from the | 13 |
| automated traffic control system and by the affidavit of | 14 |
| non-liability.
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| (c) The Department of State Police shall notify the | 16 |
| Secretary of State if a corporation, association, business, or | 17 |
| vehicle rental or leasing company fails to comply with this | 18 |
| Section. The Secretary may suspend the vehicle registration or | 19 |
| the fleet registration of any corporation, association, | 20 |
| business, or vehicle rental or leasing company that fails to | 21 |
| comply with this Section.
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| (Source: P.A. 93-947, eff. 8-19-04.) | 23 |
| (625 ILCS 7/35 rep.) | 24 |
| Section 15. The Automated Traffic Control Systems in | 25 |
| Highway Construction or Maintenance Zones Act is amended by |
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| repealing Section 35.".
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