Full Text of SB1852 96th General Assembly
SB1852sam002 96TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 3/25/2009
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LRB096 04330 AJT 24467 a |
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| AMENDMENT TO SENATE BILL 1852
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| AMENDMENT NO. ______. Amend Senate Bill 1852, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by | 6 |
| changing Sections 11-208.6, and 11-612 as follows:
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| (625 ILCS 5/11-208.6)
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| Sec. 11-208.6. Automated traffic law enforcement system.
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| (a) As used in this Section, "automated traffic law | 10 |
| enforcement
system" means (1) a device with one or more motor | 11 |
| vehicle sensors working
in conjunction with a red light signal | 12 |
| to produce recorded images of
motor vehicles entering an | 13 |
| intersection against a red signal
indication in violation of | 14 |
| Section 11-306 of this Code or a similar provision
of a local | 15 |
| ordinance , or (2) a device that produces a recorded image of a | 16 |
| motor vehicle and the vehicle's registration plate while the |
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| driver is operating a motor vehicle in violation of Section | 2 |
| 11-601(b) of the Illinois Vehicle Code, or a similar provision | 3 |
| of a local ordinance .
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| An
automated traffic law enforcement system is a system, in | 5 |
| a municipality or
county operated by a
governmental agency, | 6 |
| that
produces a recorded image of a motor vehicle's
violation | 7 |
| of a provision of this Code or a local ordinance
and is | 8 |
| designed to obtain a clear recorded image of the
vehicle and | 9 |
| the vehicle's license plate. The recorded image must also
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| display the time, date, and location of the violation.
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| (b) As used in this Section, "recorded images" means images
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| recorded by an automated traffic law enforcement system on:
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| (1) 2 or more photographs;
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| (2) 2 or more microphotographs;
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| (3) 2 or more electronic images; or
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| (4) a video recording showing the motor vehicle and, on | 17 |
| at
least one image or portion of the recording, clearly | 18 |
| identifying the
registration plate number of the motor | 19 |
| vehicle.
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| (c) (Blank). A county or municipality, including a home | 21 |
| rule county or municipality, may not use an automated traffic | 22 |
| law enforcement system to provide recorded images of a motor | 23 |
| vehicle for the purpose of recording its speed. The regulation | 24 |
| of the use of automated traffic law enforcement systems to | 25 |
| record vehicle speeds is an exclusive power and function of the | 26 |
| State. This subsection (c) is a denial and limitation of home |
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| rule powers and functions under subsection (h) of Section 6 of | 2 |
| Article VII of the Illinois Constitution.
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| (d) For each violation of a provision of this Code or a | 4 |
| local ordinance
recorded by an automatic
traffic law | 5 |
| enforcement system, the county or municipality having
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| jurisdiction shall issue a written notice of the
violation to | 7 |
| the registered owner of the vehicle as the alleged
violator. | 8 |
| The notice shall be delivered to the registered
owner of the | 9 |
| vehicle, by mail, within 30 days after the Secretary of State | 10 |
| notifies the municipality or county of the identity of the | 11 |
| owner of the vehicle, but in no event later than 90 days after | 12 |
| the violation.
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| The notice shall include:
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| (1) the name and address of the registered owner of the
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| vehicle;
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| (2) the registration number of the motor vehicle
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| involved in the violation;
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| (3) the violation charged;
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| (4) the location where the violation occurred;
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| (5) the date and time of the violation;
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| (6) a copy of the recorded images;
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| (7) the amount of the civil penalty imposed and the | 23 |
| date
by which the civil penalty should be paid;
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| (8) a statement that recorded images are evidence of a
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| violation of a red light signal;
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| (9) a warning that failure to pay the civil penalty or |
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| to
contest liability in a timely manner is an admission of
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| liability and may result in a suspension of the driving
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| privileges of the registered owner of the vehicle; and
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| (10) a statement that the person may elect to proceed | 5 |
| by:
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| (A) paying the fine; or
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| (B) challenging the charge in court, by mail, or by | 8 |
| administrative hearing.
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| (e) If a person
charged with a traffic violation, as a | 10 |
| result of an automated traffic law
enforcement system, does not | 11 |
| pay or successfully contest the civil
penalty resulting from | 12 |
| that violation, the Secretary of State shall suspend the
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| driving privileges of the
registered owner of the vehicle under | 14 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 15 |
| penalty
due and owing as a result of 5 violations of the | 16 |
| automated traffic law
enforcement system.
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| (f) Based on inspection of recorded images produced by an
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| automated traffic law enforcement system, a notice alleging | 19 |
| that the violation occurred shall be evidence of the facts | 20 |
| contained
in the notice and admissible in any proceeding | 21 |
| alleging a
violation under this Section.
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| (g) Recorded images made by an automatic traffic law
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| enforcement system are confidential and shall be made
available | 24 |
| only to the alleged violator and governmental and
law | 25 |
| enforcement agencies for purposes of adjudicating a
violation | 26 |
| of this Section, for statistical purposes, or for other |
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| governmental purposes. Any recorded image evidencing a
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| violation of this Section, however, may be admissible in
any | 3 |
| proceeding resulting from the issuance of the citation.
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| (h) The court or hearing officer may consider in defense of | 5 |
| a violation:
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| (1) that the motor vehicle or registration plates of | 7 |
| the motor
vehicle were stolen before the violation occurred | 8 |
| and not
under the control of or in the possession of the | 9 |
| owner at
the time of the violation;
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| (2) that the driver of the vehicle passed through the
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| intersection when the light was red either (i) in order to
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| yield the right-of-way to an emergency vehicle or (ii) as
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| part of a funeral procession; and
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| (3) any other evidence or issues provided by municipal | 15 |
| or county ordinance.
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| (i) To demonstrate that the motor vehicle or the | 17 |
| registration
plates were stolen before the violation occurred | 18 |
| and were not under the
control or possession of the owner at | 19 |
| the time of the violation, the
owner must submit proof that a | 20 |
| report concerning the stolen
motor vehicle or registration | 21 |
| plates was filed with a law enforcement agency in a timely | 22 |
| manner.
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| (j) Unless the driver of the motor vehicle received a | 24 |
| Uniform
Traffic Citation from a police officer at the time of | 25 |
| the violation,
the motor vehicle owner is subject to a civil | 26 |
| penalty not exceeding
$100, plus an additional penalty of not |
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| more than $100 for failure to pay the original penalty in a | 2 |
| timely manner, if the motor vehicle is recorded by an automated | 3 |
| traffic law
enforcement system. A violation for which a civil | 4 |
| penalty is imposed
under this Section is not a violation of a | 5 |
| traffic regulation governing
the movement of vehicles and may | 6 |
| not be recorded on the driving record
of the owner of the | 7 |
| vehicle.
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| (k) A location An intersection equipped with an automated | 9 |
| traffic law
enforcement system must be posted with a sign | 10 |
| visible to approaching traffic
indicating that the location | 11 |
| intersection is being monitored by an automated
traffic law | 12 |
| enforcement system.
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| (k-5) An automated traffic law enforcement system shall | 14 |
| utilize the most accurate in-ground and above-ground detection | 15 |
| technology to accurately capture violations. | 16 |
| (l) The compensation paid for an automated traffic law | 17 |
| enforcement system
must be based on the value of the equipment | 18 |
| or the services provided and may
not be based on the number of | 19 |
| traffic citations issued or the revenue generated
by the | 20 |
| system.
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| (m) This Section applies only to the counties of Cook, | 22 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 23 |
| to municipalities located within those counties.
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| (Source: P.A. 94-795, eff. 5-22-06.) | 25 |
| (625 ILCS 5/11-612)
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| Sec. 11-612. Certain systems to record vehicle speeds | 2 |
| prohibited. Except as authorized in the Automated Traffic | 3 |
| Control Systems in Highway Construction or Maintenance Zones | 4 |
| Act and Section 11-208.6 of this Code , no photographic, video, | 5 |
| or other imaging system may be used in this State to record | 6 |
| vehicle speeds for the purpose of enforcing any law or | 7 |
| ordinance regarding a maximum or minimum speed limit unless a | 8 |
| law enforcement officer is present at the scene and witnesses | 9 |
| the event. No State or local governmental entity, including a | 10 |
| home rule county or municipality, may use such a system in a | 11 |
| way that is prohibited by this Section. The regulation of the | 12 |
| use of such systems is an exclusive power and function of the | 13 |
| State. This Section is a denial and limitation of home rule | 14 |
| powers and functions under subsection (h) of Section 6 of | 15 |
| Article VII of the Illinois Constitution.
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| (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 17 |
| 94-814, eff. 1-1-07.)
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| Section 99. Effective date. This Act takes effect January | 19 |
| 1, 2010.".
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