Full Text of SB2092 95th General Assembly
SB2092sam001 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 4/2/2008
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LRB095 19298 RLC 48378 a |
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| AMENDMENT TO SENATE BILL 2092
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| AMENDMENT NO. ______. Amend Senate Bill 2092 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 6-306.5 and by adding Section 11-208.7 as | 6 |
| follows:
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| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 9 |
| parking,
compliance, or automated traffic law violations; | 10 |
| suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 12 |
| subsection (c) of
this Section, from
any municipality stating | 13 |
| that the owner of a registered vehicle has: (1) failed
to pay | 14 |
| any fine or penalty due and owing as a result of 10 or more | 15 |
| violations
of a
municipality's vehicular standing, parking, or | 16 |
| compliance
regulations established by
ordinance pursuant to |
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| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 2 |
| penalty due and owing as a result of 5 offenses for automated | 3 |
| traffic
violations as defined in
Section 11-208.6 or 5 offenses | 4 |
| for automated speed enforcement
violations as defined in
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| Section 11-208.7 , the Secretary of State
shall suspend the | 6 |
| driving privileges of such person in accordance with the
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| procedures set forth in this Section.
The Secretary shall also | 8 |
| suspend the driving privileges of an owner of a
registered | 9 |
| vehicle upon receipt of a certified report, as prescribed by
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| subsection (f) of this Section, from any municipality stating | 11 |
| that such
person has failed to satisfy any fines or penalties | 12 |
| imposed by final judgments
for 5 or more automated traffic law | 13 |
| violations or 10 or more violations of local standing, parking, | 14 |
| or
compliance regulations after
exhaustion of judicial review | 15 |
| procedures.
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| (b) Following receipt of the certified report of the | 17 |
| municipality as
specified in this Section, the Secretary of | 18 |
| State shall notify the person
whose name appears on the | 19 |
| certified report that
the person's
drivers license will be | 20 |
| suspended at the end of a specified period of time
unless the | 21 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 23 |
| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The | 25 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the |
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| Secretary, and
shall be effective as specified by subsection | 2 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 4 |
| notifying the
Secretary of State of unpaid fines or penalties | 5 |
| pursuant to this Section
shall be certified and shall contain | 6 |
| the following:
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| (1) The name, last known address as recorded with the | 8 |
| Secretary of State, as provided by the lessor of the cited | 9 |
| vehicle at the time of lease, or as recorded in a United | 10 |
| States Post Office approved database if any notice sent | 11 |
| under Section 11-208.3 of this Code is returned as | 12 |
| undeliverable, and drivers license number of the
person who | 13 |
| failed to pay the fine or
penalty and the registration | 14 |
| number of any vehicle known to be registered
to such person | 15 |
| in this State.
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| (2) The name of the municipality making the report | 17 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 19 |
| impending
drivers license suspension as prescribed by | 20 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 21 |
| person named in the report at the
address recorded with the | 22 |
| Secretary of State or at the last address known to the | 23 |
| lessor of the cited vehicle at the time of lease or, if any | 24 |
| notice sent under Section 11-208.3 of this Code is returned | 25 |
| as undeliverable, at the last known address recorded in a | 26 |
| United States Post Office approved database; the date on |
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| which such
notice was sent; and the address to which such | 2 |
| notice was sent.
In a municipality with a population of | 3 |
| 1,000,000 or more, the report shall
also include a | 4 |
| statement that the alleged violator's State vehicle | 5 |
| registration
number and vehicle make, if specified on the | 6 |
| automated traffic law violation notice, are correct as they | 7 |
| appear on the citations.
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| (d) Any municipality making a certified report to the | 9 |
| Secretary of State
pursuant to this Section
shall notify the | 10 |
| Secretary of State, in a form prescribed by the
Secretary, | 11 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 13 |
| municipality determines
that the original report was in error. | 14 |
| A certified copy of such
notification shall also be given upon | 15 |
| request and at no additional charge
to the person named | 16 |
| therein. Upon receipt of the municipality's
notification or | 17 |
| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the | 20 |
| Secretary of State
pursuant to this Section
shall also by | 21 |
| ordinance establish procedures for persons to
challenge the | 22 |
| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to | 24 |
| (1) the
person not having been the owner or lessee of the | 25 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 26 |
| compliance
violation notices or 5 or more automated traffic law |
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| violations on the date or dates such notices were issued; and | 2 |
| (2) the
person
having already paid the fine or penalty for the | 3 |
| 10 or more standing, parking, or compliance violations or 5 or | 4 |
| more automated traffic law violations
indicated on the | 5 |
| certified report.
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| (f) Any municipality, other than a municipality | 7 |
| establishing vehicular
standing, parking, and compliance | 8 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 9 |
| law regulations under Section 11-208.6 or automated speed | 10 |
| enforcement
regulations under
Section 11-208.7 , may also
cause | 11 |
| a suspension of a person's drivers license pursuant to this | 12 |
| Section.
Such municipality may invoke this sanction by making a | 13 |
| certified report to
the Secretary of State upon a person's | 14 |
| failure to satisfy any fine or
penalty imposed by final | 15 |
| judgment for 10 or more violations of local
standing, parking, | 16 |
| or compliance regulations or 5 or more automated traffic law | 17 |
| violations after exhaustion
of judicial review
procedures, but | 18 |
| only if:
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| (1) the municipality complies with the provisions of | 20 |
| this Section in all
respects except in regard to enacting | 21 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance | 24 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 26 |
| more, the
municipality
has verified that the alleged |
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| violator's State vehicle registration number and
vehicle | 2 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 4 |
| establishing
standing, parking, and compliance regulations | 5 |
| pursuant to
Section 11-208.3 or automated traffic law | 6 |
| regulations under Section 11-208.6 or automated speed | 7 |
| enforcement
regulations under
Section 11-208.7 , may provide by
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| ordinance for the sending of a notice of impending
drivers | 9 |
| license suspension to the person who has failed to satisfy any | 10 |
| fine
or penalty imposed by final judgment for 10 or more | 11 |
| violations of local
standing, parking, or compliance | 12 |
| regulations or 5 or more automated traffic law violations after | 13 |
| exhaustion
of
judicial review
procedures. An ordinance so | 14 |
| providing shall specify that the notice
sent to the person | 15 |
| liable for any fine or penalty
shall state that failure to pay | 16 |
| the fine or
penalty owing within 45 days of the notice's date | 17 |
| will result in the
municipality notifying the Secretary of | 18 |
| State that
the person's drivers license is eligible for | 19 |
| suspension pursuant to this
Section.
The notice of impending | 20 |
| drivers license suspension
shall be sent by first class United | 21 |
| States mail, postage prepaid, to the
address
recorded with the | 22 |
| Secretary of State or at the last address known to the lessor | 23 |
| of the cited vehicle at the time of lease or, if any notice | 24 |
| sent under Section 11-208.3 of this Code is returned as | 25 |
| undeliverable, to the last known address recorded in a United | 26 |
| States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 2 |
| suspension or a
suspension made pursuant to this Section may be | 3 |
| had upon filing a written
request with the Secretary of State. | 4 |
| The filing fee for this hearing shall
be $20, to be paid at the | 5 |
| time the request is made.
A municipality which files a | 6 |
| certified report with the Secretary of
State pursuant to this | 7 |
| Section shall reimburse the Secretary for all
reasonable costs | 8 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the | 10 |
| notice
required pursuant to subsection (b) and the costs | 11 |
| incurred by the Secretary
in any hearing conducted with respect | 12 |
| to the report pursuant to this
subsection and any appeal from | 13 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 15 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 17 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208.7 new) | 20 |
| Sec. 11-208.7. Automated speed enforcement systems. | 21 |
| (a) For the purposes of this Section, "automated speed | 22 |
| enforcement system" means a device installed on a | 23 |
| State-controlled highway or a highway under the jurisdiction of | 24 |
| the Illinois State Toll Highway Authority or under the | 25 |
| jurisdiction of a county, municipality, township, or road |
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| district with one or more motor vehicle sensors producing | 2 |
| recorded images of motor vehicles traveling at speeds in excess | 3 |
| of posted speed limits. The system shall be designed to obtain | 4 |
| a clear photograph of the vehicle's rear including the vehicle | 5 |
| registration plate. The photograph or other recorded image | 6 |
| shall also display the time, date and location of the | 7 |
| violation. | 8 |
| (b) For each violation of a provision of this Code or a | 9 |
| local ordinance recorded by an automated speed enforcement | 10 |
| system, the State, county, township, road district, or | 11 |
| municipality having jurisdiction shall issue a written notice | 12 |
| of the violation to the registered owner of the vehicle as the | 13 |
| alleged violator. The notice shall be delivered to the | 14 |
| registered owner of the vehicle, by mail, within 30 days after | 15 |
| the Secretary of State notifies the State, county, township, | 16 |
| road district, or municipality of the identity of the owner of | 17 |
| the vehicle, but in no event later than 90 days after the | 18 |
| violation. | 19 |
| The notice shall include: | 20 |
| (1) the name and address of the registered owner of the | 21 |
| vehicle; | 22 |
| (2) the registration number of the motor vehicle | 23 |
| involved in the violation; | 24 |
| (3) the violation charged; | 25 |
| (4) the location where the violation occurred; | 26 |
| (5) the date and time of the violation; |
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| (6) a copy of the recorded images; | 2 |
| (7) the amount of the civil penalty imposed and the | 3 |
| date by which the civil penalty should be paid; | 4 |
| (8) a statement that recorded images are evidence of a | 5 |
| violation of this Section; | 6 |
| (9) a warning that failure to pay the civil penalty or | 7 |
| to contest liability in a timely manner is an admission of | 8 |
| liability and may result in a suspension of the driving | 9 |
| privileges of the registered owner of the vehicle; | 10 |
| (10) a statement that the person may elect to proceed | 11 |
| by: | 12 |
| (A) paying the fine; or | 13 |
| (B) challenging the charge in court, by mail, or by | 14 |
| administrative hearing; and | 15 |
| (11) a statement on how the alleged violator may view a | 16 |
| copy of the violation. | 17 |
| (c) If a person charged with a traffic violation, as a | 18 |
| result of an automated speed enforcement system, does not pay | 19 |
| or successfully contest the civil penalty resulting from that | 20 |
| violation, the Secretary of State shall suspend the driving | 21 |
| privileges of the registered owner of the vehicle under Section | 22 |
| 6-306.5 of this Code for failing to pay any fine or penalty due | 23 |
| and owing as a result of 5 violations of the automated speed | 24 |
| enforcement system. | 25 |
| (d) Based on inspection of recorded images produced by an | 26 |
| automated speed enforcement system, a notice alleging that the |
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| violation occurred shall be evidence of the facts contained in | 2 |
| the notice and admissible in any proceeding alleging a | 3 |
| violation under this Section. | 4 |
| (e) Recorded images made by an automated speed enforcement | 5 |
| system are confidential and shall be made available only to the | 6 |
| alleged violator and governmental and law enforcement agencies | 7 |
| for purposes of adjudicating a violation of this Section, for | 8 |
| statistical purposes, or for other governmental purposes. Any | 9 |
| recorded image evidencing a violation of this Section, however, | 10 |
| may be admissible in any proceeding resulting from the issuance | 11 |
| of the citation. | 12 |
| (f) The court or hearing officer may consider the following | 13 |
| in the defense of a violation: | 14 |
| (1) that the motor vehicle or registration plates of | 15 |
| the motor vehicle were stolen before the violation occurred | 16 |
| and not under the control of or in the possession of the | 17 |
| owner at the time of the violation; | 18 |
| (2) that the driver of the motor vehicle received a | 19 |
| Uniform Traffic Citation from a police officer at the time | 20 |
| of the violation for the same offence; | 21 |
| (3) any other evidence or issues provided by municipal | 22 |
| or county ordinance. | 23 |
| (g) To demonstrate that the motor vehicle or the | 24 |
| registration plates were stolen before the violation occurred | 25 |
| and were not under the control or possession of the owner at | 26 |
| the time of the violation, the owner must submit proof that a |
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| report concerning the stolen motor vehicle or registration | 2 |
| plates was filed with a law enforcement agency in a timely | 3 |
| manner. | 4 |
| (h) Roads equipped with an automatic speed enforcement | 5 |
| system shall be posted with a sign visible to approaching | 6 |
| traffic stating that the speed is being monitored, that | 7 |
| citations will be issued, and the amount of the fine for | 8 |
| violation. | 9 |
| (i) If any part or parts of this Section are held by a | 10 |
| court of competent jurisdiction to be unconstitutional, the | 11 |
| unconstitutionality shall not affect the validity of the | 12 |
| remaining parts of this Section. The General Assembly hereby | 13 |
| declares that it would have passed the remaining parts of this | 14 |
| Section if it had known that the other part or parts of this | 15 |
| Section would be declared unconstitutional. | 16 |
| (j) A violation of this Section is punishable by a civil | 17 |
| fine as follows: | 18 |
| (1) for a speed not exceeding 10 miles per hour over | 19 |
| the posted speed limit, a warning notice shall be sent to | 20 |
| the alleged violator; | 21 |
| (2) for a speed at least 11 miles per hour over the | 22 |
| posted speed limit and not exceeding 21 miles per hour over | 23 |
| the posted speed, $50; | 24 |
| (3) for a speed at least 22 miles per hour over the | 25 |
| posted speed limit, $100; | 26 |
| (k) A violation for which a civil penalty is imposed under |
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| this Section: | 2 |
| (1) is not a moving violation; | 3 |
| (2) may not be recorded by the administration on the | 4 |
| driving record of the owner of the vehicle; and | 5 |
| (3) may not be considered in the provision of motor | 6 |
| vehicle insurance coverage. | 7 |
| (l) Before the State, county, township, road district, or | 8 |
| municipality may issue citations under this Section for | 9 |
| violations of the automated speed enforcement system, only | 10 |
| warning notices may be issued for 30 days after the | 11 |
| installation of the automated speed enforcement device. ".
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