SB0450enr 95TH GENERAL ASSEMBLY



 


 
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1     AN ACT concerning law enforcement.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The State Police Act is amended by adding
5 Section 30 as follows:
 
6     (20 ILCS 2610/30 new)
7     Sec. 30. Patrol vehicles with in-car video recording
8 cameras.
9     (a) Definitions. As used in this Section:
10         "Audio recording" means the recorded conversation
11     between an officer and a second party.
12         "Emergency lights" means oscillating, rotating, or
13     flashing lights on patrol vehicles.
14         "In-car video camera" means a video camera located in a
15     Department patrol vehicle.
16         "In-car video camera recording equipment" means a
17     video camera recording system located in a Department
18     patrol vehicle consisting of a camera assembly, recording
19     mechanism, and an in-car video recording medium.
20         "Enforcement stop" means an action by an officer of the
21     Department in relation to enforcement and investigation
22     duties, including but not limited to, traffic stops,
23     pedestrian stops, abandoned vehicle contacts, motorist

 

 

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1     assists, commercial motor vehicle stops, roadside safety
2     checks, requests for identification, or responses to
3     requests for emergency assistance.
4         "Recording" means the process of capturing data or
5     information stored on a recording medium as required under
6     this Section.
7         "Recording medium" means any recording medium
8     authorized by the Department for the retention and playback
9     of recorded audio and video including, but not limited to,
10     VHS, DVD, hard drive, solid state, digital, or flash memory
11     technology.
12         "Wireless microphone" means a devise worn by the
13     officer or any other equipment used to record conversations
14     between the officer and a second party and transmitted to
15     the recording equipment.
16     (b) By June 1, 2009, the Department shall install in-car
17 video camera recording equipment in all patrol vehicles.
18 Subject to appropriation, all patrol vehicles shall be equipped
19 with in-car video camera recording equipment with a recording
20 medium capable of recording for a period of 10 hours or more by
21 June 1, 2011. In-car video camera recording equipment shall be
22 capable of making audio recordings with the assistance of a
23 wireless microphone.
24     (c) As of the effective date of this amendatory Act of the
25 95th General Assembly, in-car video camera recording equipment
26 with a recording medium incapable of recording for a period of

 

 

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1 10 hours or more shall record activities outside a patrol
2 vehicle whenever (i) an officer assigned a patrol vehicle is
3 conducting an enforcement stop; (ii) patrol vehicle emergency
4 lights are activated or would otherwise be activated if not for
5 the need to conceal the presence of law enforcement; or (iii)
6 an officer reasonably believes recording may assist with
7 prosecution, enhance safety, or for any other lawful purpose.
8 As of the effective date of this amendatory Act of the 95th
9 General Assembly, in-car video camera recording equipment with
10 a recording medium incapable of recording for a period of 10
11 hours or more shall record activities inside the vehicle when
12 transporting an arrestee or when an officer reasonably believes
13 recording may assist with prosecution, enhance safety, or for
14 any other lawful purpose.
15         (1) Recording for an enforcement stop shall begin when
16     the officer determines an enforcement stop is necessary and
17     shall continue until the enforcement action has been
18     completed and the subject of the enforcement stop or the
19     officer has left the scene.
20         (2) Recording shall begin when patrol vehicle
21     emergency lights are activated or when they would otherwise
22     be activated if not for the need to conceal the presence of
23     law enforcement, and shall continue until the reason for
24     the activation ceases to exist, regardless of whether the
25     emergency lights are no longer activated.
26         (3) An officer may begin recording if the officer

 

 

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1     reasonably believes recording may assist with prosecution,
2     enhance safety, or for any other lawful purpose; and shall
3     continue until the reason for recording ceases to exist.
4     (d) In-car video camera recording equipment with a
5 recording medium capable of recording for a period of 10 hours
6 or more shall record activities whenever a patrol vehicle is
7 assigned to patrol duty.
8     (e) Any enforcement stop resulting from a suspected
9 violation of the Illinois Vehicle Code shall be video and audio
10 recorded. Audio recording shall terminate upon release of the
11 violator and prior to initiating a separate criminal
12 investigation.
13     (f) Recordings made on in-car video camera recording medium
14 shall be retained by the Department for a storage period of at
15 least 90 days. Under no circumstances shall any recording made
16 on in-car video camera recording medium be altered or erased
17 prior to the expiration of the designated storage period. Upon
18 completion of the storage period, the recording medium may be
19 erased and reissued for operational use unless otherwise
20 ordered by the District Commander or his or her designee or by
21 a court, or if designated for evidentiary or training purposes.
22     (g) Audio or video recordings made pursuant to this Section
23 shall be available under the applicable provisions of the
24 Freedom of Information Act. Only recorded portions of the audio
25 recording or video recording medium applicable to the request
26 will be available for inspection or copying.

 

 

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1     (h) The Department shall ensure proper care and maintenance
2 of in-car video camera recording equipment and recording
3 medium. An officer operating a patrol vehicle must immediately
4 document and notify the District Commander or his or her
5 designee of any technical difficulties, failures, or problems
6 with the in-car video camera recording equipment or recording
7 medium. Upon receiving notice, the District Commander or his or
8 her designee shall make every reasonable effort to correct and
9 repair any of the in-car video camera recording equipment or
10 recording medium and determine if it is in the public interest
11 to permit the use of the patrol vehicle.
12     (i) The Department may promulgate rules to implement this
13 amendatory Act of the 95th General Assembly only to the extent
14 necessary to apply the existing rules or applicable internal
15 directives.
 
16     Section 10. The Illinois Vehicle Code is amended by
17 changing Sections 3-806 and 3-815 as follows:
 
18     (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
19     Sec. 3-806. Registration Fees; Motor Vehicles of the First
20 Division. Every owner of any other motor vehicle of the first
21 division, except as provided in Sections 3-804, 3-805, 3-806.3,
22 and 3-808, and every second division vehicle weighing 8,000
23 pounds or less, shall pay the Secretary of State an annual
24 registration fee at the following rates:

 

 

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1
2SCHEDULE OF REGISTRATION FEES
3REQUIRED BY LAW
4Beginning with the 1986 registration year
5Reduced Fee
6AnnualOn and After
7FeeJune 15
8Motor vehicles of the first
9division other than
10Motorcycles, Motor Driven
11Cycles and Pedalcycles$48$24
12Reduced Fee
13September 16
14to March 31
15Motorcycles, Motor Driven
16Cycles and Pedalcycles 3015
17SCHEDULE OF REGISTRATION FEES
18REQUIRED BY LAW
19Beginning with the 2001 registration year
20Reduced Fee
21AnnualOn and After
22FeeJune 15
23Motor vehicles of the first
24division other than
25Motorcycles, Motor Driven
26Cycles and Pedalcycles$78$39

 

 

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1Reduced Fee
2September 16
3to March 31
4Motorcycles, Motor Driven
5Cycles and Pedalcycles 3819
6     Beginning with the 2010 registration year a $1 surcharge
7 shall be collected in addition to the above fees for motor
8 vehicles of the first division, motorcycles, motor driven
9 cycles, and pedalcycles to be deposited into the State Police
10 Vehicle Fund.
11 (Source: P.A. 91-37, eff. 7-1-99.)
 
12     (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
13     Sec. 3-815. Flat weight tax; vehicles of the second
14 division.
15     (a) Except as provided in Section 3-806.3, every owner of a
16 vehicle of the second division registered under Section 3-813,
17 and not registered under the mileage weight tax under Section
18 3-818, shall pay to the Secretary of State, for each
19 registration year, for the use of the public highways, a flat
20 weight tax at the rates set forth in the following table, the
21 rates including the $10 registration fee:
22
SCHEDULE OF FLAT WEIGHT TAX
23
REQUIRED BY LAW
24Gross Weight in Lbs.Total Fees
25Including Vehicle each Fiscal

 

 

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1and Maximum year
2LoadClass
38,000 lbs. and lessB$78
48,001 lbs. to 12,000 lbs.D138
512,001 lbs. to 16,000 lbs.F242
616,001 lbs. to 26,000 lbs.H490
726,001 lbs. to 28,000 lbs.J630
828,001 lbs. to 32,000 lbs.K842
932,001 lbs. to 36,000 lbs.L982
1036,001 lbs. to 40,000 lbs.N1,202
1140,001 lbs. to 45,000 lbs.P1,390
1245,001 lbs. to 50,000 lbs.Q1,538
1350,001 lbs. to 54,999 lbs.R1,698
1455,000 lbs. to 59,500 lbs.S1,830
1559,501 lbs. to 64,000 lbs.T1,970
1664,001 lbs. to 73,280 lbs.V2,294
1773,281 lbs. to 77,000 lbs.X2,622
1877,001 lbs. to 80,000 lbs.Z2,790
19     Beginning with the 2010 registration year a $1 surcharge
20 shall be collected for vehicles registered in the 8,000 lbs.
21 and less flat weight plate category above to be deposited into
22 the State Police Vehicle Fund.
23     (a-1) A Special Hauling Vehicle is a vehicle or combination
24 of vehicles of the second division registered under Section
25 3-813 transporting asphalt or concrete in the plastic state or
26 a vehicle or combination of vehicles that are subject to the

 

 

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1 gross weight limitations in subsection (b) of Section 15-111
2 for which the owner of the vehicle or combination of vehicles
3 has elected to pay, in addition to the registration fee in
4 subsection (a), $125 to the Secretary of State for each
5 registration year. The Secretary shall designate this class of
6 vehicle as a Special Hauling Vehicle.
7     (b) Except as provided in Section 3-806.3, every camping
8 trailer, motor home, mini motor home, travel trailer, truck
9 camper or van camper used primarily for recreational purposes,
10 and not used commercially, nor for hire, nor owned by a
11 commercial business, may be registered for each registration
12 year upon the filing of a proper application and the payment of
13 a registration fee and highway use tax, according to the
14 following table of fees:
15
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
16Gross Weight in Lbs.Total Fees
17Including Vehicle andEach
18Maximum LoadCalendar Year
198,000 lbs and less$78
208,001 Lbs. to 10,000 Lbs90
2110,001 Lbs. and Over102
22
CAMPING TRAILER OR TRAVEL TRAILER
23Gross Weight in Lbs.Total Fees
24Including Vehicle andEach
25Maximum LoadCalendar Year
263,000 Lbs. and Less$18

 

 

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13,001 Lbs. to 8,000 Lbs.30
28,001 Lbs. to 10,000 Lbs.38
310,001 Lbs. and Over50
4     Every house trailer must be registered under Section 3-819.
5     (c) Farm Truck. Any truck used exclusively for the owner's
6 own agricultural, horticultural or livestock raising
7 operations and not-for-hire only, or any truck used only in the
8 transportation for-hire of seasonal, fresh, perishable fruit
9 or vegetables from farm to the point of first processing, may
10 be registered by the owner under this paragraph in lieu of
11 registration under paragraph (a), upon filing of a proper
12 application and the payment of the $10 registration fee and the
13 highway use tax herein specified as follows:
14
SCHEDULE OF FEES AND TAXES
15Gross Weight in Lbs.Total Amount for
16Including Truck andeach
17Maximum LoadClassFiscal Year
1816,000 lbs. or lessVF$150
1916,001 to 20,000 lbs.VG226
2020,001 to 24,000 lbs.VH290
2124,001 to 28,000 lbs.VJ378
2228,001 to 32,000 lbs.VK506
2332,001 to 36,000 lbs.VL610
2436,001 to 45,000 lbs.VP810
2545,001 to 54,999 lbs.VR1,026
2655,000 to 64,000 lbs.VT1,202

 

 

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164,001 to 73,280 lbs.VV1,290
273,281 to 77,000 lbs.VX1,350
377,001 to 80,000 lbs.VZ1,490
4     In the event the Secretary of State revokes a farm truck
5 registration as authorized by law, the owner shall pay the flat
6 weight tax due hereunder before operating such truck.
7     Any combination of vehicles having 5 axles, with a distance
8 of 42 feet or less between extreme axles, that are subject to
9 the weight limitations in subsection (a) and (b) of Section
10 15-111 for which the owner of the combination of vehicles has
11 elected to pay, in addition to the registration fee in
12 subsection (c), $125 to the Secretary of State for each
13 registration year shall be designated by the Secretary as a
14 Special Hauling Vehicle.
15     (d) The number of axles necessary to carry the maximum load
16 provided shall be determined from Chapter 15 of this Code.
17     (e) An owner may only apply for and receive 5 farm truck
18 registrations, and only 2 of those 5 vehicles shall exceed
19 59,500 gross weight in pounds per vehicle.
20     (f) Every person convicted of violating this Section by
21 failure to pay the appropriate flat weight tax to the Secretary
22 of State as set forth in the above tables shall be punished as
23 provided for in Section 3-401.
24 (Source: P.A. 91-37, eff. 7-1-99.)
 
25     Section 99. Effective date. This Act takes effect upon
26 becoming law.