Full Text of SB2092 95th General Assembly
SB2092sam002 95TH GENERAL ASSEMBLY
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Sen. John J. Cullerton
Filed: 5/7/2008
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LRB095 19298 RLC 50101 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 Sections 6-306.5, 11-208, 11-208.3, and 11-208.6 and | 6 |
| by adding Sections 11-208.7 and 11-208.8 as 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.
| 11 |
| (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 , 5 offenses | 4 |
| for automated school zone speed enforcement
violations as | 5 |
| defined in
Section 11-208.7, or 5 offenses for automated speed | 6 |
| enforcement
violations as defined in
Section 11-208.8 , the | 7 |
| Secretary of State
shall suspend the driving privileges of such | 8 |
| person in accordance with the
procedures set forth in this | 9 |
| Section.
The Secretary shall also suspend the driving | 10 |
| privileges of an owner of a
registered vehicle upon receipt of | 11 |
| a certified report, as prescribed by
subsection (f) of this | 12 |
| Section, from any municipality stating that such
person has | 13 |
| failed to satisfy any fines or penalties imposed by final | 14 |
| judgments
for 5 or more automated traffic law violations or 10 | 15 |
| or more violations of local standing, parking, or
compliance | 16 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 18 |
| municipality as
specified in this Section, the Secretary of | 19 |
| State shall notify the person
whose name appears on the | 20 |
| certified report that
the person's
drivers license will be | 21 |
| suspended at the end of a specified period of time
unless the | 22 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 24 |
| 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 | 26 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 2 |
| Secretary, and
shall be effective as specified by subsection | 3 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 5 |
| notifying the
Secretary of State of unpaid fines or penalties | 6 |
| pursuant to this Section
shall be certified and shall contain | 7 |
| the following:
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| (1) The name, last known address as recorded with the | 9 |
| Secretary of State, as provided by the lessor of the cited | 10 |
| vehicle at the time of lease, or as recorded in a United | 11 |
| States Post Office approved database if any notice sent | 12 |
| under Section 11-208.3 of this Code is returned as | 13 |
| undeliverable, and drivers license number of the
person who | 14 |
| failed to pay the fine or
penalty and the registration | 15 |
| number of any vehicle known to be registered
to such person | 16 |
| in this State.
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| (2) The name of the municipality making the report | 18 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 20 |
| impending
drivers license suspension as prescribed by | 21 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 22 |
| person named in the report at the
address recorded with the | 23 |
| Secretary of State or at the last address known to the | 24 |
| lessor of the cited vehicle at the time of lease or, if any | 25 |
| notice sent under Section 11-208.3 of this Code is returned | 26 |
| as undeliverable, at the last known address recorded in a |
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| United States Post Office approved database; the date on | 2 |
| which such
notice was sent; and the address to which such | 3 |
| notice was sent.
In a municipality with a population of | 4 |
| 1,000,000 or more, the report shall
also include a | 5 |
| statement that the alleged violator's State vehicle | 6 |
| registration
number and vehicle make, if specified on the | 7 |
| automated traffic law violation notice, are correct as they | 8 |
| appear on the citations.
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| (d) Any municipality making a certified report to the | 10 |
| Secretary of State
pursuant to this Section
shall notify the | 11 |
| Secretary of State, in a form prescribed by the
Secretary, | 12 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 14 |
| municipality determines
that the original report was in error. | 15 |
| A certified copy of such
notification shall also be given upon | 16 |
| request and at no additional charge
to the person named | 17 |
| therein. Upon receipt of the municipality's
notification or | 18 |
| 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 | 21 |
| Secretary of State
pursuant to this Section
shall also by | 22 |
| ordinance establish procedures for persons to
challenge the | 23 |
| 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 | 25 |
| (1) the
person not having been the owner or lessee of the | 26 |
| vehicle or vehicles
receiving 10 or more standing, parking, or |
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| compliance
violation notices or 5 or more automated traffic law | 2 |
| violations on the date or dates such notices were issued; and | 3 |
| (2) the
person
having already paid the fine or penalty for the | 4 |
| 10 or more standing, parking, or compliance violations or 5 or | 5 |
| more automated traffic law violations
indicated on the | 6 |
| certified report.
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| (f) Any municipality, other than a municipality | 8 |
| establishing vehicular
standing, parking, and compliance | 9 |
| regulations pursuant to
Section 11-208.3 , or automated traffic | 10 |
| law regulations under Section 11-208.6, automated school zone | 11 |
| speed enforcement
regulations under
Section 11-208.7, or | 12 |
| automated speed enforcement
regulations under
Section 11-208.8 | 13 |
| may also
cause a suspension of a person's drivers license | 14 |
| pursuant to this Section.
Such municipality may invoke this | 15 |
| sanction by making a certified report to
the Secretary of State | 16 |
| upon a person's failure to satisfy any fine or
penalty imposed | 17 |
| by final judgment for 10 or more violations of local
standing, | 18 |
| parking, or compliance regulations or 5 or more automated | 19 |
| traffic law violations after exhaustion
of judicial review
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| procedures, but only if:
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| (1) the municipality complies with the provisions of | 22 |
| this Section in all
respects except in regard to enacting | 23 |
| 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 | 26 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 2 |
| more, the
municipality
has verified that the alleged | 3 |
| violator's State vehicle registration number and
vehicle | 4 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 6 |
| establishing
standing, parking, and compliance regulations | 7 |
| pursuant to
Section 11-208.3 , or automated traffic law | 8 |
| regulations under Section 11-208.6 , automated school zone | 9 |
| speed enforcement
regulations under
Section 11-208.7, or | 10 |
| automated speed enforcement
regulations under
Section | 11 |
| 11-208.8 , may provide by
ordinance for the sending of a notice | 12 |
| of impending
drivers license suspension to the person who has | 13 |
| failed to satisfy any fine
or penalty imposed by final judgment | 14 |
| for 10 or more violations of local
standing, parking, or | 15 |
| compliance regulations or 5 or more automated traffic law | 16 |
| violations after exhaustion
of
judicial review
procedures. An | 17 |
| ordinance so providing shall specify that the notice
sent to | 18 |
| the person liable for any fine or penalty
shall state that | 19 |
| failure to pay the fine or
penalty owing within 45 days of the | 20 |
| notice's date will result in the
municipality notifying the | 21 |
| Secretary of State that
the person's drivers license is | 22 |
| eligible for suspension pursuant to this
Section.
The notice of | 23 |
| impending drivers license suspension
shall be sent by first | 24 |
| class United States mail, postage prepaid, to the
address
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| recorded with the Secretary of State or at the last address | 26 |
| known to the lessor of the cited vehicle at the time of lease |
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| or, if any notice sent under Section 11-208.3 of this Code is | 2 |
| returned as undeliverable, to the last known address recorded | 3 |
| in a United States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 5 |
| suspension or a
suspension made pursuant to this Section may be | 6 |
| had upon filing a written
request with the Secretary of State. | 7 |
| The filing fee for this hearing shall
be $20, to be paid at the | 8 |
| time the request is made.
A municipality which files a | 9 |
| certified report with the Secretary of
State pursuant to this | 10 |
| Section shall reimburse the Secretary for all
reasonable costs | 11 |
| 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 | 13 |
| notice
required pursuant to subsection (b) and the costs | 14 |
| incurred by the Secretary
in any hearing conducted with respect | 15 |
| to the report pursuant to this
subsection and any appeal from | 16 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 18 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 20 |
| 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)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to | 25 |
| prevent
local authorities with respect to streets and highways |
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| under their
jurisdiction and within the reasonable exercise of | 2 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 4 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 6 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 8 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way highways | 10 |
| and requiring that
all vehicles thereon be moved in one | 11 |
| specific direction;
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| 5. Regulating the speed of vehicles in public parks | 13 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 15 |
| authorized in Section
11-302, and requiring that all | 16 |
| vehicles stop before entering or crossing
the same or | 17 |
| designating any intersection as a stop intersection or a | 18 |
| yield
right-of-way intersection and requiring all vehicles | 19 |
| to stop or yield the
right-of-way at one or more entrances | 20 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 22 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring | 24 |
| the
registration and licensing of same, including the | 25 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or |
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| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section | 3 |
| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 6 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal operation;
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| 14. Imposing fines in accordance with Section | 9 |
| 11-1301.3 as penalties
for use of any parking place | 10 |
| reserved for persons with disabilities, as defined
by | 11 |
| Section 1-159.1, or disabled veterans by any person using a | 12 |
| motor
vehicle not bearing registration plates specified in | 13 |
| Section 11-1301.1
or a special decal or device as defined | 14 |
| in Section 11-1301.2
as evidence that the vehicle is | 15 |
| operated by or for a person
with disabilities or disabled | 16 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 18 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 20 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, | 22 |
| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 23 |
| until signs giving
reasonable notice of such local traffic | 24 |
| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
| 26 |
| municipality having a population of 500,000 or more inhabitants |
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| from
prohibiting any person from driving or operating any motor | 2 |
| vehicle upon
the roadways of such municipality with headlamps | 3 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 5 |
| prevent local
authorities within the reasonable exercise of | 6 |
| their police power from
prohibiting, on private property, the | 7 |
| unauthorized use of parking spaces
reserved for persons with | 8 |
| disabilities.
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| (e) No unit of local government, including a home rule | 10 |
| unit, may enact or
enforce an ordinance that applies only to | 11 |
| motorcycles if the principal purpose
for that ordinance is to | 12 |
| restrict the access of motorcycles to any highway or
portion of | 13 |
| a highway for which federal or State funds have been used for | 14 |
| the
planning, design, construction, or maintenance of that | 15 |
| highway. No unit of
local government, including a home rule | 16 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 17 |
| protective headgear. Nothing in this subsection
(e) shall | 18 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 20 |
| Section 12-602
of this Code. No unit of local government, | 21 |
| including a home rule unit, may
regulate motorcycles in a | 22 |
| manner inconsistent with this Code. This subsection
(e) is a | 23 |
| limitation under subsection (i) of Section 6 of Article VII of | 24 |
| the
Illinois Constitution on the concurrent exercise by home | 25 |
| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county designated in Section 11-208.6 |
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| may enact an ordinance providing for an
automated traffic law | 2 |
| enforcement system , an automated school zone speed enforcement | 3 |
| system, or an automated speed enforcement system to enforce | 4 |
| violations of this Code or
a similar provision of a local | 5 |
| ordinance and imposing liability on a registered owner of a | 6 |
| vehicle used in such a violation.
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| (Source: P.A. 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations | 10 |
| of traffic
regulations concerning the standing, parking, or | 11 |
| condition of
vehicles and automated traffic law violations.
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| (a) Any municipality may provide by ordinance for a system | 13 |
| of
administrative adjudication of vehicular standing and | 14 |
| parking violations and
vehicle compliance violations as | 15 |
| defined in this subsection and automated traffic law violations | 16 |
| as defined in Section 11-208.6.
The administrative system shall | 17 |
| have as its purpose the fair and
efficient enforcement of | 18 |
| municipal regulations through the
administrative adjudication | 19 |
| of automated traffic law violations and violations of municipal | 20 |
| ordinances
regulating the standing and parking of vehicles, the | 21 |
| condition and use of
vehicle equipment, and the display of | 22 |
| municipal wheel tax licenses within the
municipality's
| 23 |
| borders. The administrative system shall only have authority to | 24 |
| adjudicate
civil offenses carrying fines not in excess of $250 | 25 |
| that occur after the
effective date of the ordinance adopting |
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| such a system under this Section.
For purposes of this Section, | 2 |
| "compliance violation" means a violation of a
municipal | 3 |
| regulation governing the condition or use of equipment on a | 4 |
| vehicle
or governing the display of a municipal wheel tax | 5 |
| license.
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| (b) Any ordinance establishing a system of administrative | 7 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
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| adopt, distribute and
process parking, compliance, and | 10 |
| automated traffic law violation notices and other notices | 11 |
| required
by this
Section, collect money paid as fines and | 12 |
| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations, and | 14 |
| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report | 16 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 18 |
| traffic law violation notice
that
shall specify the date,
| 19 |
| time, and place of violation of a parking, standing,
| 20 |
| compliance, or automated traffic law
regulation; the | 21 |
| particular regulation
violated; the fine and any penalty | 22 |
| that may be assessed for late payment,
when so provided by | 23 |
| ordinance; the vehicle make and state registration
number; | 24 |
| and the identification number of the
person issuing the | 25 |
| notice.
With regard to automated traffic law violations, | 26 |
| vehicle make shall be specified on the automated traffic |
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| law violation notice if the make is available and readily | 2 |
| discernible. With regard to municipalities with a | 3 |
| population of 1 million or more, it
shall be grounds for
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| dismissal of a parking
violation if the state registration | 5 |
| number or vehicle make specified is
incorrect. The | 6 |
| violation notice shall state that the payment of the | 7 |
| indicated
fine, and of any applicable penalty for late | 8 |
| payment, shall operate as a
final disposition of the | 9 |
| violation. The notice also shall contain
information as to | 10 |
| the availability of a hearing in which the violation may
be | 11 |
| contested on its merits. The violation notice shall specify | 12 |
| the
time and manner in which a hearing may be had.
| 13 |
| (3) Service of the parking, standing, or compliance
| 14 |
| violation notice by affixing the
original or a facsimile of | 15 |
| the notice to an unlawfully parked vehicle or by
handing | 16 |
| the notice to the operator of a vehicle if he or she is
| 17 |
| present and service of an automated traffic law violation | 18 |
| notice by mail to the
address
of the registered owner of | 19 |
| the cited vehicle as recorded with the Secretary of
State | 20 |
| within 30 days after the Secretary of State notifies the | 21 |
| municipality or county of the identity of the owner of the | 22 |
| vehicle, but in no event later than 90 days after the | 23 |
| violation. A person authorized by ordinance to issue and | 24 |
| serve parking,
standing, and compliance
violation notices | 25 |
| shall certify as to the correctness of the facts entered
on | 26 |
| the violation notice by signing his or her name to the |
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| notice at
the time of service or in the case of a notice | 2 |
| produced by a computerized
device, by signing a single | 3 |
| certificate to be kept by the traffic
compliance
| 4 |
| administrator attesting to the correctness of all notices | 5 |
| produced by the
device while it was under his or her | 6 |
| control. In the case of an automated traffic law violation, | 7 |
| the ordinance shall
require
a
determination by a technician | 8 |
| employed or contracted by the municipality or county that,
| 9 |
| based on inspection of recorded images, the motor vehicle | 10 |
| was being operated in
violation of Section 11-208.6 or a | 11 |
| local ordinance.
If the technician determines that the
| 12 |
| vehicle entered the intersection as part of a funeral | 13 |
| procession or in order to
yield the right-of-way to an | 14 |
| emergency vehicle, a citation shall not be issued. The | 15 |
| original or a
facsimile of the violation notice or, in the | 16 |
| case of a notice produced by a
computerized device, a | 17 |
| printed record generated by the device showing the facts
| 18 |
| entered on the notice, shall be retained by the
traffic | 19 |
| compliance
administrator, and shall be a record kept in the | 20 |
| ordinary course of
business. A parking, standing, | 21 |
| compliance, or automated traffic law violation notice | 22 |
| issued,
signed and served in
accordance with this Section, | 23 |
| a copy of the notice, or the computer
generated record | 24 |
| shall be prima facie
correct and shall be prima facie | 25 |
| evidence of the correctness of the facts
shown on the | 26 |
| notice. The notice, copy, or computer generated
record |
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| shall be admissible in any
subsequent administrative or | 2 |
| legal proceedings.
| 3 |
| (4) An opportunity for a hearing for the registered | 4 |
| owner of the
vehicle cited in the parking, standing, | 5 |
| compliance, or automated traffic law violation notice in
| 6 |
| which the owner may
contest the merits of the alleged | 7 |
| violation, and during which formal or
technical rules of | 8 |
| evidence shall not apply; provided, however, that under
| 9 |
| Section 11-1306 of this Code the lessee of a vehicle cited | 10 |
| in the
violation notice likewise shall be provided an | 11 |
| opportunity for a hearing of
the same kind afforded the | 12 |
| registered owner. The hearings shall be
recorded, and the | 13 |
| person conducting the hearing on behalf of the traffic
| 14 |
| compliance
administrator shall be empowered to administer | 15 |
| oaths and to secure by
subpoena both the attendance and | 16 |
| testimony of witnesses and the production
of relevant books | 17 |
| and papers. Persons appearing at a hearing under this
| 18 |
| Section may be represented by counsel at their expense. The | 19 |
| ordinance may
also provide for internal administrative | 20 |
| review following the decision of
the hearing officer.
| 21 |
| (5) Service of additional notices, sent by first class | 22 |
| United States
mail, postage prepaid, to the address of the | 23 |
| registered owner of the cited
vehicle as recorded with the | 24 |
| Secretary of State or, if any notice to that address is | 25 |
| returned as undeliverable, to the last known address | 26 |
| recorded in a United States Post Office approved database,
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| or, under Section 11-1306
of this Code, to the lessee of | 2 |
| the cited vehicle at the last address known
to the lessor | 3 |
| of the cited vehicle at the time of lease or, if any notice | 4 |
| to that address is returned as undeliverable, to the last | 5 |
| known address recorded in a United States Post Office | 6 |
| approved database.
The service shall
be deemed complete as | 7 |
| of the date of deposit in the United States mail.
The | 8 |
| notices shall be in the following sequence and shall | 9 |
| include but not be
limited to the information specified | 10 |
| herein:
| 11 |
| (i) A second notice of parking, standing, or | 12 |
| compliance violation. This notice shall specify the
| 13 |
| date and location of the violation cited in the | 14 |
| parking,
standing,
or compliance violation
notice, the | 15 |
| particular regulation violated, the vehicle
make and | 16 |
| state registration number, the fine and any penalty | 17 |
| that may be
assessed for late payment when so provided | 18 |
| by ordinance, the availability
of a hearing in which | 19 |
| the violation may be contested on its merits, and the
| 20 |
| time and manner in which the hearing may be had. The | 21 |
| notice of violation
shall also state that failure | 22 |
| either to pay the indicated fine and any
applicable | 23 |
| penalty, or to appear at a hearing on the merits in the | 24 |
| time and
manner specified, will result in a final | 25 |
| determination of violation
liability for the cited | 26 |
| violation in the amount of the fine or penalty
|
|
|
|
09500SB2092sam002 |
- 17 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| indicated, and that, upon the occurrence of a final | 2 |
| determination of violation liability for the failure, | 3 |
| and the exhaustion of, or
failure to exhaust, available | 4 |
| administrative or judicial procedures for
review, any | 5 |
| unpaid fine or penalty will constitute a debt due and | 6 |
| owing
the municipality.
| 7 |
| (ii) A notice of final determination of parking, | 8 |
| standing,
compliance, or automated traffic law | 9 |
| violation liability.
This notice shall be sent | 10 |
| following a final determination of parking,
standing, | 11 |
| compliance, or automated traffic law
violation | 12 |
| liability and the conclusion of judicial review | 13 |
| procedures taken
under this Section. The notice shall | 14 |
| state that the unpaid fine or
penalty is a debt due and | 15 |
| owing the municipality. The notice shall contain
| 16 |
| warnings that failure to pay any fine or penalty due | 17 |
| and owing the
municipality within the time specified | 18 |
| may result in the municipality's
filing of a petition | 19 |
| in the Circuit Court to have the unpaid
fine or penalty | 20 |
| rendered a judgment as provided by this Section, or may
| 21 |
| result in suspension of the person's drivers license | 22 |
| for failure to pay
fines or penalties for 10 or more | 23 |
| parking violations under Section 6-306.5 or 5 or more | 24 |
| automated traffic law violations under Section | 25 |
| 11-208.6.
| 26 |
| (6) A Notice of impending drivers license suspension. |
|
|
|
09500SB2092sam002 |
- 18 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| This
notice shall be sent to the person liable for any fine | 2 |
| or penalty that
remains due and owing on 10 or more parking
| 3 |
| violations or 5 or more unpaid automated traffic law | 4 |
| violations. The notice
shall state that failure to pay the | 5 |
| fine or penalty owing within 45 days of
the notice's date | 6 |
| will result in the municipality notifying the Secretary
of | 7 |
| State that the person is eligible for initiation of | 8 |
| suspension
proceedings under Section 6-306.5 of this Code. | 9 |
| The notice shall also state
that the person may obtain a | 10 |
| photostatic copy of an original ticket imposing a
fine or | 11 |
| penalty by sending a self addressed, stamped envelope to | 12 |
| the
municipality along with a request for the photostatic | 13 |
| copy.
The notice of impending
drivers license suspension | 14 |
| shall be sent by first class United States mail,
postage | 15 |
| prepaid, to the address recorded with the Secretary of | 16 |
| State or, if any notice to that address is returned as | 17 |
| undeliverable, to the last known address recorded in a | 18 |
| United States Post Office approved database.
| 19 |
| (7) Final determinations of violation liability. A | 20 |
| final
determination of violation liability shall occur | 21 |
| following failure
to pay the fine or penalty after a | 22 |
| hearing officer's determination of violation liability and | 23 |
| the exhaustion of or failure to exhaust any
administrative | 24 |
| review procedures provided by ordinance. Where a person
| 25 |
| fails to appear at a hearing to contest the alleged | 26 |
| violation in the time
and manner specified in a prior |
|
|
|
09500SB2092sam002 |
- 19 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| mailed notice, the hearing officer's
determination of | 2 |
| violation liability shall become final: (A) upon
denial of | 3 |
| a timely petition to set aside that determination, or (B) | 4 |
| upon
expiration of the period for filing the petition | 5 |
| without a
filing having been made.
| 6 |
| (8) A petition to set aside a determination of parking, | 7 |
| standing,
compliance, or automated traffic law violation
| 8 |
| liability that may be filed by a person owing an unpaid | 9 |
| fine or penalty.
The petition shall be filed with and ruled | 10 |
| upon by the traffic compliance
administrator in the manner | 11 |
| and within the time specified by ordinance.
The grounds for | 12 |
| the petition may be limited to: (A) the person not having
| 13 |
| been the owner or lessee of the cited vehicle on the date | 14 |
| the
violation notice was issued, (B) the person having | 15 |
| already paid the fine or
penalty for the violation in | 16 |
| question, and (C) excusable failure to
appear at or
request | 17 |
| a new date for a hearing.
With regard to municipalities | 18 |
| with a population of 1 million or more, it
shall be grounds | 19 |
| for
dismissal of a
parking violation if the state | 20 |
| registration number, or vehicle make if specified, is
| 21 |
| incorrect. After the determination of
parking, standing, | 22 |
| compliance, or automated traffic law violation liability | 23 |
| has been set aside
upon a showing of just
cause, the | 24 |
| registered owner shall be provided with a hearing on the | 25 |
| merits
for that violation.
| 26 |
| (9) Procedures for non-residents. Procedures by which |
|
|
|
09500SB2092sam002 |
- 20 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| persons who are
not residents of the municipality may | 2 |
| contest the merits of the alleged
violation without | 3 |
| attending a hearing.
| 4 |
| (10) A schedule of civil fines for violations of | 5 |
| vehicular standing,
parking, compliance, or automated | 6 |
| traffic law regulations enacted by ordinance pursuant to | 7 |
| this
Section, and a
schedule of penalties for late payment | 8 |
| of the fines, provided, however,
that the total amount of | 9 |
| the fine and penalty for any one violation shall
not exceed | 10 |
| $250, except as provided in subsection (c) of Section | 11 |
| 11-1301.3 of this Code.
| 12 |
| (11) Other provisions as are necessary and proper to | 13 |
| carry into
effect the powers granted and purposes stated in | 14 |
| this Section.
| 15 |
| (c) Any municipality establishing vehicular standing, | 16 |
| parking,
compliance, or automated traffic law
regulations | 17 |
| under this Section may also provide by ordinance for a
program | 18 |
| of vehicle immobilization for the purpose of facilitating
| 19 |
| enforcement of those regulations. The program of vehicle
| 20 |
| immobilization shall provide for immobilizing any eligible | 21 |
| vehicle upon the
public way by presence of a restraint in a | 22 |
| manner to prevent operation of
the vehicle. Any ordinance | 23 |
| establishing a program of vehicle
immobilization under this | 24 |
| Section shall provide:
| 25 |
| (1) Criteria for the designation of vehicles eligible | 26 |
| for
immobilization. A vehicle shall be eligible for |
|
|
|
09500SB2092sam002 |
- 21 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| immobilization when the
registered owner of the vehicle has | 2 |
| accumulated the number of unpaid final
determinations of | 3 |
| parking, standing, compliance, or automated traffic law | 4 |
| violation liability as
determined by ordinance.
| 5 |
| (2) A notice of impending vehicle immobilization and a | 6 |
| right to a
hearing to challenge the validity of the notice | 7 |
| by disproving liability
for the unpaid final | 8 |
| determinations of parking, standing, compliance, or | 9 |
| automated traffic law
violation liability listed
on the | 10 |
| notice.
| 11 |
| (3) The right to a prompt hearing after a vehicle has | 12 |
| been immobilized
or subsequently towed without payment of | 13 |
| the outstanding fines and
penalties on parking, standing, | 14 |
| compliance, or automated traffic law violations for which | 15 |
| final
determinations have been
issued. An order issued | 16 |
| after the hearing is a final administrative
decision within | 17 |
| the meaning of Section 3-101 of the Code of Civil | 18 |
| Procedure.
| 19 |
| (4) A post immobilization and post-towing notice | 20 |
| advising the registered
owner of the vehicle of the right | 21 |
| to a hearing to challenge the validity
of the impoundment.
| 22 |
| (d) Judicial review of final determinations of parking, | 23 |
| standing,
compliance, or automated traffic law
violations and | 24 |
| final administrative decisions issued after hearings
regarding | 25 |
| vehicle immobilization and impoundment made
under this Section | 26 |
| shall be subject to the provisions of
the Administrative Review |
|
|
|
09500SB2092sam002 |
- 22 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| Law.
| 2 |
| (e) Any fine, penalty, or part of any fine or any penalty | 3 |
| remaining
unpaid after the exhaustion of, or the failure to | 4 |
| exhaust, administrative
remedies created under this Section | 5 |
| and the conclusion of any judicial
review procedures shall be a | 6 |
| debt due and owing the municipality and, as
such, may be | 7 |
| collected in accordance with applicable law. Payment in full
of | 8 |
| any fine or penalty resulting from a standing, parking,
| 9 |
| compliance, or automated traffic law violation shall
| 10 |
| constitute a final disposition of that violation.
| 11 |
| (f) After the expiration of the period within which | 12 |
| judicial review may
be sought for a final determination of | 13 |
| parking, standing, compliance, or automated traffic law
| 14 |
| violation, the municipality
may commence a proceeding in the | 15 |
| Circuit Court for purposes of obtaining a
judgment on the final | 16 |
| determination of violation. Nothing in this
Section shall | 17 |
| prevent a municipality from consolidating multiple final
| 18 |
| determinations of parking, standing, compliance, or automated | 19 |
| traffic law violations against a
person in a proceeding.
Upon | 20 |
| commencement of the action, the municipality shall file a | 21 |
| certified
copy or record of the final determination of parking, | 22 |
| standing, compliance, or automated traffic law
violation, | 23 |
| which shall be
accompanied by a certification that recites | 24 |
| facts sufficient to show that
the final determination of | 25 |
| violation was
issued in accordance with this Section and the | 26 |
| applicable municipal
ordinance. Service of the summons and a |
|
|
|
09500SB2092sam002 |
- 23 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| copy of the petition may be by
any method provided by Section | 2 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 3 |
| return receipt requested, provided that the total amount of
| 4 |
| fines and penalties for final determinations of parking, | 5 |
| standing,
compliance, or automated traffic law violations does | 6 |
| not
exceed $2500. If the court is satisfied that the final | 7 |
| determination of
parking, standing, compliance, or automated | 8 |
| traffic law violation was entered in accordance with
the | 9 |
| requirements of
this Section and the applicable municipal | 10 |
| ordinance, and that the registered
owner or the lessee, as the | 11 |
| case may be, had an opportunity for an
administrative hearing | 12 |
| and for judicial review as provided in this Section,
the court | 13 |
| shall render judgment in favor of the municipality and against
| 14 |
| the registered owner or the lessee for the amount indicated in | 15 |
| the final
determination of parking, standing, compliance, or | 16 |
| automated traffic law violation, plus costs.
The judgment shall | 17 |
| have
the same effect and may be enforced in the same manner as | 18 |
| other judgments
for the recovery of money.
| 19 |
| (g) The provisions of this Section also apply to automated | 20 |
| school zone speed enforcement systems under the pilot program | 21 |
| created under Section 11-208.7 and automated speed enforcement | 22 |
| systems under the pilot program created under Section 11-208.8. | 23 |
| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | 24 |
| 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| 25 |
| (625 ILCS 5/11-208.6)
|
|
|
|
09500SB2092sam002 |
- 24 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| Sec. 11-208.6. Automated traffic law enforcement system.
| 2 |
| (a) As used in this Section, "automated traffic law | 3 |
| enforcement
system" means a device with one or more motor | 4 |
| vehicle sensors working
in conjunction with a red light signal | 5 |
| to produce recorded images of
motor vehicles entering an | 6 |
| intersection against a red signal
indication in violation of | 7 |
| Section 11-306 of this Code or a similar provision
of a local | 8 |
| ordinance.
| 9 |
| An
automated traffic law enforcement system is a system, in | 10 |
| a municipality or
county operated by a
governmental agency, | 11 |
| that
produces a recorded image of a motor vehicle's
violation | 12 |
| of a provision of this Code or a local ordinance
and is | 13 |
| designed to obtain a clear recorded image of the
vehicle and | 14 |
| the vehicle's license plate. The recorded image must also
| 15 |
| display the time, date, and location of the violation.
| 16 |
| (b) As used in this Section, "recorded images" means images
| 17 |
| recorded by an automated traffic law enforcement system on:
| 18 |
| (1) 2 or more photographs;
| 19 |
| (2) 2 or more microphotographs;
| 20 |
| (3) 2 or more electronic images; or
| 21 |
| (4) a video recording showing the motor vehicle and, on | 22 |
| at
least one image or portion of the recording, clearly | 23 |
| identifying the
registration plate number of the motor | 24 |
| vehicle.
| 25 |
| (c) A county or municipality, including a home rule county | 26 |
| or municipality, may not use an automated traffic law |
|
|
|
09500SB2092sam002 |
- 25 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| enforcement system to provide recorded images of a motor | 2 |
| vehicle for the purpose of recording its speed , except as | 3 |
| authorized in Sections 11-208.7 and 11-208.8 . The regulation of | 4 |
| the use of automated traffic law enforcement systems to record | 5 |
| vehicle speeds is an exclusive power and function of the State , | 6 |
| except as authorized in Sections 11-208.7 and 11-208.8 . This | 7 |
| subsection (c) is a denial and limitation of home rule powers | 8 |
| and functions under subsection (h) of Section 6 of Article VII | 9 |
| of the Illinois Constitution.
| 10 |
| (d) For each violation of a provision of this Code or a | 11 |
| local ordinance
recorded by an automatic
traffic law | 12 |
| enforcement system, the county or municipality having
| 13 |
| jurisdiction shall issue a written notice of the
violation to | 14 |
| the registered owner of the vehicle as the alleged
violator. | 15 |
| The notice shall be delivered to the registered
owner of the | 16 |
| vehicle, by mail, within 30 days after the Secretary of State | 17 |
| notifies the municipality or county of the identity of the | 18 |
| owner of the vehicle, but in no event later than 90 days after | 19 |
| the violation.
| 20 |
| The notice shall include:
| 21 |
| (1) the name and address of the registered owner of the
| 22 |
| vehicle;
| 23 |
| (2) the registration number of the motor vehicle
| 24 |
| involved in the violation;
| 25 |
| (3) the violation charged;
| 26 |
| (4) the location where the violation occurred;
|
|
|
|
09500SB2092sam002 |
- 26 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| (5) the date and time of the violation;
| 2 |
| (6) a copy of the recorded images;
| 3 |
| (7) the amount of the civil penalty imposed and the | 4 |
| date
by which the civil penalty should be paid;
| 5 |
| (8) a statement that recorded images are evidence of a
| 6 |
| violation of a red light signal;
| 7 |
| (9) a warning that failure to pay the civil penalty or | 8 |
| to
contest liability in a timely manner is an admission of
| 9 |
| liability and may result in a suspension of the driving
| 10 |
| privileges of the registered owner of the vehicle; and
| 11 |
| (10) a statement that the person may elect to proceed | 12 |
| by:
| 13 |
| (A) paying the fine; or
| 14 |
| (B) challenging the charge in court, by mail, or by | 15 |
| administrative hearing.
| 16 |
| (e) If a person
charged with a traffic violation, as a | 17 |
| result of an automated traffic law
enforcement system, does not | 18 |
| pay or successfully contest the civil
penalty resulting from | 19 |
| that violation, the Secretary of State shall suspend the
| 20 |
| driving privileges of the
registered owner of the vehicle under | 21 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 22 |
| penalty
due and owing as a result of 5 violations of the | 23 |
| automated traffic law
enforcement system.
| 24 |
| (f) Based on inspection of recorded images produced by an
| 25 |
| automated traffic law enforcement system, a notice alleging | 26 |
| that the violation occurred shall be evidence of the facts |
|
|
|
09500SB2092sam002 |
- 27 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| contained
in the notice and admissible in any proceeding | 2 |
| alleging a
violation under this Section.
| 3 |
| (g) Recorded images made by an automatic traffic law
| 4 |
| enforcement system are confidential and shall be made
available | 5 |
| only to the alleged violator and governmental and
law | 6 |
| enforcement agencies for purposes of adjudicating a
violation | 7 |
| of this Section, for statistical purposes, or for other | 8 |
| governmental purposes. Any recorded image evidencing a
| 9 |
| violation of this Section, however, may be admissible in
any | 10 |
| proceeding resulting from the issuance of the citation.
| 11 |
| (h) The court or hearing officer may consider in defense of | 12 |
| a violation:
| 13 |
| (1) that the motor vehicle or registration plates of | 14 |
| the motor
vehicle were stolen before the violation occurred | 15 |
| and not
under the control of or in the possession of the | 16 |
| owner at
the time of the violation;
| 17 |
| (2) that the driver of the vehicle passed through the
| 18 |
| intersection when the light was red either (i) in order to
| 19 |
| yield the right-of-way to an emergency vehicle or (ii) as
| 20 |
| part of a funeral procession; and
| 21 |
| (3) any other evidence or issues provided by municipal | 22 |
| or county ordinance.
| 23 |
| (i) 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 |
|
|
|
09500SB2092sam002 |
- 28 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| report concerning the stolen
motor vehicle or registration | 2 |
| plates was filed with a law enforcement agency in a timely | 3 |
| manner.
| 4 |
| (j) Unless the driver of the motor vehicle received a | 5 |
| Uniform
Traffic Citation from a police officer at the time of | 6 |
| the violation,
the motor vehicle owner is subject to a civil | 7 |
| penalty not exceeding
$100, plus an additional penalty of not | 8 |
| more than $100 for failure to pay the original penalty in a | 9 |
| timely manner, if the motor vehicle is recorded by an automated | 10 |
| traffic law
enforcement system. A violation for which a civil | 11 |
| penalty is imposed
under this Section is not a violation of a | 12 |
| traffic regulation governing
the movement of vehicles and may | 13 |
| not be recorded on the driving record
of the owner of the | 14 |
| vehicle.
| 15 |
| (k) An intersection equipped with an automated traffic law
| 16 |
| enforcement system must be posted with a sign visible to | 17 |
| approaching traffic
indicating that the intersection is being | 18 |
| monitored by an automated
traffic law enforcement system.
| 19 |
| (l) The compensation paid for an automated traffic law | 20 |
| enforcement system
must be based on the value of the equipment | 21 |
| or the services provided and may
not be based on the number of | 22 |
| traffic citations issued or the revenue generated
by the | 23 |
| system.
| 24 |
| (m) This Section applies only to the counties of Cook, | 25 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 26 |
| to municipalities located within those counties.
|
|
|
|
09500SB2092sam002 |
- 29 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| (Source: P.A. 94-795, eff. 5-22-06.) | 2 |
| (625 ILCS 5/11-208.7 new) | 3 |
| Sec. 11-208.7. Pilot program; automated school zone speed | 4 |
| enforcement systems. | 5 |
| (a) As used in this Section: | 6 |
| "Automated school zone speed enforcement system" means a | 7 |
| device installed with one or more motor vehicle sensors | 8 |
| producing recorded images of motor vehicles whose operators are | 9 |
| violating Section 11-605 or a similar provision of a local | 10 |
| ordinance. The system shall be designed to obtain a clear | 11 |
| photograph of the vehicle's rear including the vehicle | 12 |
| registration plate. The photograph or other recorded image | 13 |
| shall also display the time, date, and location of the | 14 |
| violation. | 15 |
| (b) Commencing on the effective date of this amendatory Act | 16 |
| of the 95th General Assembly, a pilot program using automated | 17 |
| school zone speed enforcement systems is established for a | 18 |
| 3-year period in the counties listed in subsection (m) of | 19 |
| Section 11-208.6 and municipalities located within those | 20 |
| counties. Under the pilot program, for each violation of | 21 |
| Section 11-605 or a similar provision of a local ordinance | 22 |
| recorded by an automated school zone speed enforcement system, | 23 |
| the unit of government having jurisdiction shall issue a | 24 |
| written notice of the violation to the registered owner of the | 25 |
| vehicle as the alleged violator. The notice shall be delivered |
|
|
|
09500SB2092sam002 |
- 30 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| to the registered owner of the vehicle, by mail, within 30 days | 2 |
| after the Secretary of State notifies the unit of government of | 3 |
| the identity of the owner of the vehicle, but in no event later | 4 |
| than 90 days after the violation. | 5 |
| The notice shall include: | 6 |
| (1) the name and address of the registered owner of the | 7 |
| vehicle; | 8 |
| (2) the registration number of the motor vehicle | 9 |
| involved in the violation; | 10 |
| (3) the violation charged; | 11 |
| (4) the location where the violation occurred; | 12 |
| (5) the date and time of the violation; | 13 |
| (6) a copy of the recorded images; | 14 |
| (7) the amount of the civil penalty imposed and the | 15 |
| date by which the civil penalty should be paid; | 16 |
| (8) a statement that recorded images are evidence of a | 17 |
| violation of this Section; | 18 |
| (9) a warning that failure to pay the civil penalty or | 19 |
| to contest liability in a timely manner is an admission of | 20 |
| liability and may result in a suspension of the driving | 21 |
| privileges of the registered owner of the vehicle; | 22 |
| (10) a statement that the person may elect to proceed | 23 |
| by: | 24 |
| (A) paying the fine; or | 25 |
| (B) challenging the charge in court, by mail, or by | 26 |
| administrative hearing; and |
|
|
|
09500SB2092sam002 |
- 31 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| (11) a statement on how the alleged violator may view a | 2 |
| copy of the violation. | 3 |
| (c) If a person charged with traffic violations as a result | 4 |
| of an automated school zone speed enforcement system does not | 5 |
| pay or successfully contest the civil penalties resulting from | 6 |
| the violations, the Secretary of State shall suspend the | 7 |
| driving privileges of the registered owner of the vehicle under | 8 |
| Section 6-306.5 for failing to pay any fine or penalty due and | 9 |
| owing as a result of 5 violations of the automated school zone | 10 |
| speed enforcement system. | 11 |
| (d) Based on inspection of recorded images produced by an | 12 |
| automated school zone speed enforcement system, a notice | 13 |
| alleging that the violation occurred shall be evidence of the | 14 |
| facts contained in the notice and admissible in any proceeding | 15 |
| alleging a violation under this Section. | 16 |
| (e) Recorded images made by an automated school zone speed | 17 |
| enforcement system are confidential and shall be made available | 18 |
| only to the alleged violator and governmental and law | 19 |
| enforcement agencies for purposes of adjudicating a violation | 20 |
| of this Section, for statistical purposes, or for other | 21 |
| governmental purposes. Any recorded image evidencing a | 22 |
| violation of this Section, however, may be admissible in any | 23 |
| proceeding resulting from the issuance of the citation. | 24 |
| (f) The court or hearing officer may consider the following | 25 |
| in the defense of a violation: | 26 |
| (1) that the motor vehicle or registration plates of |
|
|
|
09500SB2092sam002 |
- 32 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| the motor vehicle were stolen before the violation occurred | 2 |
| and not under the control of or in the possession of the | 3 |
| owner at the time of the violation; | 4 |
| (2) that the driver of the motor vehicle received a | 5 |
| Uniform Traffic Citation from a police officer at the time | 6 |
| of the violation for the same offense; | 7 |
| (3) any other evidence or issues provided by municipal | 8 |
| or county ordinance. | 9 |
| (g) To demonstrate that the motor vehicle or the | 10 |
| registration plates were stolen before the violation occurred | 11 |
| and were not under the control or possession of the owner at | 12 |
| the time of the violation, the owner must submit proof that a | 13 |
| report concerning the stolen motor vehicle or registration | 14 |
| plates was filed with a law enforcement agency in a timely | 15 |
| manner. | 16 |
| (h) School zones equipped with an automatic speed | 17 |
| enforcement system shall be posted with a sign visible to | 18 |
| approaching traffic stating that the speed is being monitored, | 19 |
| that citations will be issued, and the amount of the fine for | 20 |
| violation. | 21 |
| (i) If any part or parts of this Section are held by a | 22 |
| court of competent jurisdiction to be unconstitutional, the | 23 |
| unconstitutionality shall not affect the validity of the | 24 |
| remaining parts of this Section. The General Assembly hereby | 25 |
| declares that it would have passed the remaining parts of this | 26 |
| Section if it had known that the other part or parts of this |
|
|
|
09500SB2092sam002 |
- 33 - |
LRB095 19298 RLC 50101 a |
|
| 1 |
| Section would be declared unconstitutional. | 2 |
| (j) A violation of this Section is punishable by a civil | 3 |
| fine of $150. | 4 |
| (k) A violation for which a civil penalty is imposed under | 5 |
| this Section: | 6 |
| (1) is not a moving violation; | 7 |
| (2) may not be recorded by the administration on the | 8 |
| driving record of the owner of the vehicle; and | 9 |
| (3) may not be considered in the provision of motor | 10 |
| vehicle insurance coverage. | 11 |
| (l) Before a unit of government may issue citations under | 12 |
| this Section for violations of the automated school zone speed | 13 |
| enforcement system, only warning notices may be issued for 30 | 14 |
| days after the installation of the automated school zone speed | 15 |
| enforcement device. | 16 |
| (625 ILCS 5/11-208.8 new) | 17 |
| Sec. 11-208.8. Pilot program; automated speed enforcement | 18 |
| systems. | 19 |
| (a) For the purposes of this Section, "automated speed | 20 |
| enforcement system" means a device installed on a State highway | 21 |
| selected by the Department of State Police under subsection (b) | 22 |
| with one or more motor vehicle sensors producing recorded | 23 |
| images of motor vehicles traveling at speeds in excess of | 24 |
| posted speed limits. The system shall be designed to obtain a | 25 |
| clear photograph of the vehicle's rear including the vehicle |
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| registration plate. The photograph or other recorded image | 2 |
| shall also display the time, date and location of the | 3 |
| violation. | 4 |
| (b) A pilot program using automated school zone speed | 5 |
| enforcement systems is established in the counties listed in | 6 |
| subsection (m) of Section 11-208.6 and municipalities located | 7 |
| within those counties. The pilot program is limited to State | 8 |
| highways selected by the Department of State Police; however, | 9 |
| the pilot program shall be administered by the participating | 10 |
| counties or municipalities in which the violations occur. Under | 11 |
| the pilot program, for each violation of a provision of this | 12 |
| Code or a local ordinance recorded by an automated speed | 13 |
| enforcement system, the unit of government having jurisdiction | 14 |
| shall issue a written notice of the violation to the registered | 15 |
| owner of the vehicle as the alleged violator. The notice shall | 16 |
| be delivered to the registered owner of the vehicle, by mail, | 17 |
| within 30 days after the Secretary of State notifies the unit | 18 |
| of government of the identity of the owner of the vehicle, but | 19 |
| in no event later than 90 days after the violation. | 20 |
| The notice shall include: | 21 |
| (1) the name and address of the registered owner of the | 22 |
| vehicle; | 23 |
| (2) the registration number of the motor vehicle | 24 |
| involved in the violation; | 25 |
| (3) the violation charged; | 26 |
| (4) the location where the violation occurred; |
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| (5) the date and time of the violation; | 2 |
| (6) a copy of the recorded images; | 3 |
| (7) the amount of the civil penalty imposed and the | 4 |
| date by which the civil penalty should be paid; | 5 |
| (8) a statement that recorded images are evidence of a | 6 |
| violation of this Section; | 7 |
| (9) a warning that failure to pay the civil penalty or | 8 |
| to contest liability in a timely manner is an admission of | 9 |
| liability and may result in a suspension of the driving | 10 |
| privileges of the registered owner of the vehicle; | 11 |
| (10) a statement that the person may elect to proceed | 12 |
| by: | 13 |
| (A) paying the fine; or | 14 |
| (B) challenging the charge in court, by mail, or by | 15 |
| administrative hearing; and | 16 |
| (11) a statement on how the alleged violator may view a | 17 |
| copy of the violation. | 18 |
| (c) If a person charged with a traffic violation, as a | 19 |
| result of an automated speed enforcement system, does not pay | 20 |
| or successfully contest the civil penalty resulting from that | 21 |
| violation, the Secretary of State shall suspend the driving | 22 |
| privileges of the registered owner of the vehicle under Section | 23 |
| 6-306.5 of this Code for failing to pay any fine or penalty due | 24 |
| and owing as a result of 5 violations of the automated speed | 25 |
| enforcement system. | 26 |
| (d) Based on inspection of recorded images produced by an |
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| automated speed enforcement system, a notice alleging that the | 2 |
| violation occurred shall be evidence of the facts contained in | 3 |
| the notice and admissible in any proceeding alleging a | 4 |
| violation under this Section. | 5 |
| (e) Recorded images made by an automated speed enforcement | 6 |
| system are confidential and shall be made available only to the | 7 |
| alleged violator and governmental and law enforcement agencies | 8 |
| for purposes of adjudicating a violation of this Section, for | 9 |
| statistical purposes, or for other governmental purposes. Any | 10 |
| recorded image evidencing a violation of this Section, however, | 11 |
| may be admissible in any proceeding resulting from the issuance | 12 |
| of the citation. | 13 |
| (f) The court or hearing officer may consider the following | 14 |
| in the defense of a violation: | 15 |
| (1) that the motor vehicle or registration plates of | 16 |
| the motor vehicle were stolen before the violation occurred | 17 |
| and not under the control of or in the possession of the | 18 |
| owner at the time of the violation; | 19 |
| (2) that the driver of the motor vehicle received a | 20 |
| Uniform Traffic Citation from a police officer at the time | 21 |
| of the violation for the same offence; | 22 |
| (3) any other evidence or issues provided by municipal | 23 |
| or county ordinance. | 24 |
| (g) To demonstrate that the motor vehicle or the | 25 |
| registration plates were stolen before the violation occurred | 26 |
| and were not under the control or possession of the owner at |
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| the time of the violation, the owner must submit proof that a | 2 |
| report concerning the stolen motor vehicle or registration | 3 |
| plates was filed with a law enforcement agency in a timely | 4 |
| manner. | 5 |
| (h) Roads equipped with an automatic speed enforcement | 6 |
| system shall be posted with a sign visible to approaching | 7 |
| traffic stating that the speed is being monitored, that | 8 |
| citations will be issued, and the amount of the fine for | 9 |
| violation. | 10 |
| (i) If any part or parts of this Section are held by a | 11 |
| court of competent jurisdiction to be unconstitutional, the | 12 |
| unconstitutionality shall not affect the validity of the | 13 |
| remaining parts of this Section. The General Assembly hereby | 14 |
| declares that it would have passed the remaining parts of this | 15 |
| Section if it had known that the other part or parts of this | 16 |
| Section would be declared unconstitutional. | 17 |
| (j) A violation of this Section is punishable by a civil | 18 |
| fine as follows: | 19 |
| (1) for a speed not exceeding 10 miles per hour over | 20 |
| the posted speed limit, a warning notice shall be sent to | 21 |
| the alleged violator; | 22 |
| (2) for a speed at least 11 miles per hour over the | 23 |
| posted speed limit and not exceeding 21 miles per hour over | 24 |
| the posted speed, $50; | 25 |
| (3) for a speed at least 22 miles per hour over the | 26 |
| posted speed limit, $100; |
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| (k) A violation for which a civil penalty is imposed under | 2 |
| this Section: | 3 |
| (1) is not a moving violation; | 4 |
| (2) may not be recorded by the administration on the | 5 |
| driving record of the owner of the vehicle; and | 6 |
| (3) may not be considered in the provision of motor | 7 |
| vehicle insurance coverage. | 8 |
| (l) Before the unit of government may issue citations under | 9 |
| this Section for violations of the automated speed enforcement | 10 |
| system, only warning notices may be issued for 30 days after | 11 |
| the installation of the automated speed enforcement device. ".
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