Full Text of SB1950 96th General Assembly
SB1950sam001 96TH GENERAL ASSEMBLY
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Sen. Michael Noland
Filed: 3/4/2009
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LRB096 08742 AJT 22844 a |
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| AMENDMENT TO SENATE BILL 1950
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| AMENDMENT NO. ______. Amend Senate Bill 1950 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Police Act is amended by changing | 5 |
| Section 1 as follows:
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| (20 ILCS 2610/1) (from Ch. 121, par. 307.1)
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| Sec. 1.
The Department of State Police, hereinafter called | 8 |
| the
Department, shall maintain divisions in accordance with | 9 |
| Section
2605-25 of the Department of State Police Law (20 ILCS
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| 2605/2605-25). The Department,
by
the Director, shall appoint | 11 |
| State policemen, also known as State Police
Officers, as | 12 |
| provided in this Act. The Department shall maintain a minimum | 13 |
| of 2,600 State Police Officers after the effective date of this | 14 |
| amendatory Act of the 96th General Assembly.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The Illinois Vehicle Code is amended by | 2 |
| changing Sections 6-306.5, 11-208, 11-208.3, 11-208.6, and | 3 |
| 11-612 and by adding Sections 1-105.1 and 11-208.7 as follows: | 4 |
| (625 ILCS 5/1-105.1 new) | 5 |
| Sec. 1-105.1. Automated speed enforcement system | 6 |
| violation. A violation described in Section 11-208.7 of this | 7 |
| Code.
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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, | 10 |
| parking,
compliance, or automated speed or traffic law | 11 |
| violations; suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 13 |
| subsection (c) of
this Section, from
any municipality stating | 14 |
| that the owner of a registered vehicle has: (1) failed
to pay | 15 |
| any fine or penalty due and owing as a result of 10 or more | 16 |
| violations
of a
municipality's vehicular standing, parking, or | 17 |
| compliance
regulations established by
ordinance pursuant to | 18 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 19 |
| penalty due and owing as a result of 5 offenses for automated | 20 |
| traffic
violations as defined in
Section 11-208.6 or automated | 21 |
| speed enforcement system violations as defined in Section | 22 |
| 11-208.7 or any combination thereof , the Secretary of State
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| shall suspend the driving privileges of such person in | 24 |
| accordance with the
procedures set forth in this Section.
The |
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| Secretary shall also suspend the driving privileges of an owner | 2 |
| of a
registered vehicle upon receipt of a certified report, as | 3 |
| prescribed by
subsection (f) of this Section, from any | 4 |
| municipality stating that such
person has failed to satisfy any | 5 |
| fines or penalties imposed by final judgments
for 5 or more | 6 |
| automated speed or traffic law violations or 10 or more | 7 |
| violations of local standing, parking, or
compliance | 8 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 10 |
| municipality as
specified in this Section, the Secretary of | 11 |
| State shall notify the person
whose name appears on the | 12 |
| certified report that
the person's
drivers license will be | 13 |
| suspended at the end of a specified period of time
unless the | 14 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 16 |
| 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 | 18 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 20 |
| Secretary, and
shall be effective as specified by subsection | 21 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 23 |
| notifying the
Secretary of State of unpaid fines or penalties | 24 |
| pursuant to this Section
shall be certified and shall contain | 25 |
| the following:
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| (1) The name, last known address as recorded with the |
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| Secretary of State, as provided by the lessor of the cited | 2 |
| vehicle at the time of lease, or as recorded in a United | 3 |
| States Post Office approved database if any notice sent | 4 |
| under Section 11-208.3 of this Code is returned as | 5 |
| undeliverable, and drivers license number of the
person who | 6 |
| failed to pay the fine or
penalty and the registration | 7 |
| number of any vehicle known to be registered
to such person | 8 |
| in this State.
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| (2) The name of the municipality making the report | 10 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 12 |
| impending
drivers license suspension as prescribed by | 13 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 14 |
| person named in the report at the
address recorded with the | 15 |
| Secretary of State or at the last address known to the | 16 |
| lessor of the cited vehicle at the time of lease or, if any | 17 |
| notice sent under Section 11-208.3 of this Code is returned | 18 |
| as undeliverable, at the last known address recorded in a | 19 |
| United States Post Office approved database; the date on | 20 |
| which such
notice was sent; and the address to which such | 21 |
| notice was sent.
In a municipality with a population of | 22 |
| 1,000,000 or more, the report shall
also include a | 23 |
| statement that the alleged violator's State vehicle | 24 |
| registration
number and vehicle make, if specified on the | 25 |
| automated speed or traffic law violation notice, are | 26 |
| correct as they appear on the citations.
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| (d) Any municipality making a certified report to the | 2 |
| Secretary of State
pursuant to this Section
shall notify the | 3 |
| Secretary of State, in a form prescribed by the
Secretary, | 4 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 6 |
| municipality determines
that the original report was in error. | 7 |
| A certified copy of such
notification shall also be given upon | 8 |
| request and at no additional charge
to the person named | 9 |
| therein. Upon receipt of the municipality's
notification or | 10 |
| 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 | 13 |
| Secretary of State
pursuant to this Section
shall also by | 14 |
| ordinance establish procedures for persons to
challenge the | 15 |
| 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 | 17 |
| (1) the
person not having been the owner or lessee of the | 18 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 19 |
| compliance
violation notices or 5 or more automated speed or | 20 |
| traffic law violations on the date or dates such notices were | 21 |
| issued; and (2) the
person
having already paid the fine or | 22 |
| penalty for the 10 or more standing, parking, or compliance | 23 |
| violations or 5 or more automated speed or traffic law | 24 |
| violations
indicated on the certified report.
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| (f) Any municipality, other than a municipality | 26 |
| establishing vehicular
standing, parking, and compliance |
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| regulations pursuant to
Section 11-208.3 or automated traffic | 2 |
| law regulations under Section 11-208.6 or automated speed | 3 |
| enforcement system violations under Section 11-208.7 , may also
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| cause a suspension of a person's drivers license pursuant to | 5 |
| this Section.
Such municipality may invoke this sanction by | 6 |
| making a certified report to
the Secretary of State upon a | 7 |
| person's failure to satisfy any fine or
penalty imposed by | 8 |
| final judgment for 10 or more violations of local
standing, | 9 |
| parking, or compliance regulations or 5 or more automated speed | 10 |
| or 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 | 13 |
| this Section in all
respects except in regard to enacting | 14 |
| 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 | 17 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 19 |
| more, the
municipality
has verified that the alleged | 20 |
| violator's State vehicle registration number and
vehicle | 21 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 23 |
| establishing
standing, parking, and compliance regulations | 24 |
| pursuant to
Section 11-208.3 or automated traffic law | 25 |
| regulations under Section 11-208.6 or automated speed | 26 |
| regulations under Section 11-208.7 , may provide by
ordinance |
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| for the sending of a notice of impending
drivers license | 2 |
| suspension to the person who has failed to satisfy any fine
or | 3 |
| penalty imposed by final judgment for 10 or more violations of | 4 |
| local
standing, parking, or compliance regulations or 5 or more | 5 |
| automated speed or traffic law violations after exhaustion
of
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| judicial review
procedures. An ordinance so providing shall | 7 |
| specify that the notice
sent to the person liable for any fine | 8 |
| or penalty
shall state that failure to pay the fine or
penalty | 9 |
| owing within 45 days of the notice's date will result in the
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| municipality notifying the Secretary of State that
the person's | 11 |
| drivers license is eligible for suspension pursuant to this
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| Section.
The notice of impending drivers license suspension
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| shall be sent by first class United States mail, postage | 14 |
| prepaid, to the
address
recorded with the Secretary of State or | 15 |
| at the last address known to the lessor of the cited vehicle at | 16 |
| the time of lease or, if any notice sent under Section 11-208.3 | 17 |
| of this Code is returned as undeliverable, to the last known | 18 |
| address recorded in a United States Post Office approved | 19 |
| database.
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| (h) An administrative hearing to contest an impending | 21 |
| suspension or a
suspension made pursuant to this Section may be | 22 |
| had upon filing a written
request with the Secretary of State. | 23 |
| The filing fee for this hearing shall
be $20, to be paid at the | 24 |
| time the request is made.
A municipality which files a | 25 |
| certified report with the Secretary of
State pursuant to this | 26 |
| Section shall reimburse the Secretary for all
reasonable costs |
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| 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 | 3 |
| notice
required pursuant to subsection (b) and the costs | 4 |
| incurred by the Secretary
in any hearing conducted with respect | 5 |
| to the report pursuant to this
subsection and any appeal from | 6 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 8 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 10 |
| 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 | 15 |
| prevent
local authorities with respect to streets and highways | 16 |
| under their
jurisdiction and within the reasonable exercise of | 17 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 19 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 21 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 23 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way highways | 25 |
| and requiring that
all vehicles thereon be moved in one |
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| specific direction;
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| 5. Regulating the speed of vehicles in public parks | 3 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 5 |
| authorized in Section
11-302, and requiring that all | 6 |
| vehicles stop before entering or crossing
the same or | 7 |
| designating any intersection as a stop intersection or a | 8 |
| yield
right-of-way intersection and requiring all vehicles | 9 |
| to stop or yield the
right-of-way at one or more entrances | 10 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 12 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring | 14 |
| the
registration and licensing of same, including the | 15 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or | 17 |
| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section | 19 |
| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 22 |
| 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 | 25 |
| 11-1301.3 as penalties
for use of any parking place | 26 |
| reserved for persons with disabilities, as defined
by |
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| Section 1-159.1, or disabled veterans by any person using a | 2 |
| motor
vehicle not bearing registration plates specified in | 3 |
| Section 11-1301.1
or a special decal or device as defined | 4 |
| in Section 11-1301.2
as evidence that the vehicle is | 5 |
| operated by or for a person
with disabilities or disabled | 6 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 8 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 10 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, | 12 |
| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 13 |
| until signs giving
reasonable notice of such local traffic | 14 |
| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants | 17 |
| from
prohibiting any person from driving or operating any motor | 18 |
| vehicle upon
the roadways of such municipality with headlamps | 19 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 21 |
| prevent local
authorities within the reasonable exercise of | 22 |
| their police power from
prohibiting, on private property, the | 23 |
| unauthorized use of parking spaces
reserved for persons with | 24 |
| disabilities.
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| (e) No unit of local government, including a home rule | 26 |
| unit, may enact or
enforce an ordinance that applies only to |
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| motorcycles if the principal purpose
for that ordinance is to | 2 |
| restrict the access of motorcycles to any highway or
portion of | 3 |
| a highway for which federal or State funds have been used for | 4 |
| the
planning, design, construction, or maintenance of that | 5 |
| highway. No unit of
local government, including a home rule | 6 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 7 |
| protective headgear. Nothing in this subsection
(e) shall | 8 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 10 |
| Section 12-602
of this Code. No unit of local government, | 11 |
| including a home rule unit, may
regulate motorcycles in a | 12 |
| manner inconsistent with this Code. This subsection
(e) is a | 13 |
| limitation under subsection (i) of Section 6 of Article VII of | 14 |
| the
Illinois Constitution on the concurrent exercise by home | 15 |
| 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 | 17 |
| may enact an ordinance providing for an
automated traffic law | 18 |
| enforcement system to enforce violations of this Code or
a | 19 |
| similar provision of a local ordinance and imposing liability | 20 |
| on a registered owner of a vehicle used in such a violation.
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| (g) A municipality or county may enact an ordinance | 22 |
| providing for an automated speed enforcement system under | 23 |
| Section 11-208.7 of this Code to enforce violations of Section | 24 |
| 11-605 or a similar provision of a local ordinance and imposing | 25 |
| liability on a registered owner of a vehicle used in such a | 26 |
| 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 | 4 |
| of traffic
regulations concerning the standing, parking, or | 5 |
| condition of
vehicles and automated speed or traffic law | 6 |
| violations.
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| (a) Any municipality may provide by ordinance for a system | 8 |
| of
administrative adjudication of vehicular standing and | 9 |
| parking violations and
vehicle compliance violations as | 10 |
| defined in this subsection and automated traffic law violations | 11 |
| as defined in Section 11-208.6 and automated speed enforcement | 12 |
| system violations as defined in Section 11-208.7 .
The | 13 |
| administrative system shall have as its purpose the fair and
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| efficient enforcement of municipal regulations through the
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| administrative adjudication of automated speed or traffic law | 16 |
| violations and violations of municipal ordinances
regulating | 17 |
| the standing and parking of vehicles, the condition and use of
| 18 |
| vehicle equipment, and the display of municipal wheel tax | 19 |
| licenses within the
municipality's
borders. The administrative | 20 |
| system shall only have authority to adjudicate
civil offenses | 21 |
| carrying fines not in excess of $250 that occur after the
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| effective date of the ordinance adopting such a system under | 23 |
| this Section.
For purposes of this Section, "compliance | 24 |
| violation" means a violation of a
municipal regulation | 25 |
| governing the condition or use of equipment on a vehicle
or |
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| governing the display of a municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative | 3 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
| 5 |
| adopt, distribute and
process parking, compliance, and | 6 |
| automated speed or traffic law violation notices and other | 7 |
| notices required
by this
Section, collect money paid as | 8 |
| fines and penalties for violation of parking
and compliance
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| ordinances and automated speed or traffic law violations, | 10 |
| and operate an administrative adjudication system. The | 11 |
| traffic
compliance
administrator also may make a certified | 12 |
| report to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 14 |
| speed or traffic law violation notice
that
shall specify | 15 |
| the date,
time, and place of violation of a parking, | 16 |
| standing,
compliance, or automated speed or traffic law
| 17 |
| regulation; the particular regulation
violated; the fine | 18 |
| and any penalty that may be assessed for late payment,
when | 19 |
| so provided by ordinance; the vehicle make and state | 20 |
| registration
number; and the identification number of the
| 21 |
| person issuing the notice.
With regard to automated speed | 22 |
| or traffic law violations, vehicle make shall be specified | 23 |
| on the automated speed or traffic law violation notice if | 24 |
| the make is available and readily discernible. With regard | 25 |
| to municipalities with a population of 1 million or more, | 26 |
| it
shall be grounds for
dismissal of a parking
violation if |
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| the state registration number or vehicle make specified is
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| incorrect. The violation notice shall state that the | 3 |
| payment of the indicated
fine, and of any applicable | 4 |
| penalty for late payment, shall operate as a
final | 5 |
| disposition of the violation. The notice also shall contain
| 6 |
| information as to the availability of a hearing in which | 7 |
| the violation may
be contested on its merits. The violation | 8 |
| notice shall specify the
time and manner in which a hearing | 9 |
| may be had.
| 10 |
| (3) Service of the parking, standing, or compliance
| 11 |
| violation notice by affixing the
original or a facsimile of | 12 |
| the notice to an unlawfully parked vehicle or by
handing | 13 |
| the notice to the operator of a vehicle if he or she is
| 14 |
| present and service of an automated speed or traffic law | 15 |
| violation notice by mail to the
address
of the registered | 16 |
| owner of the cited vehicle as recorded with the Secretary | 17 |
| of
State within 30 days after the Secretary of State | 18 |
| notifies the municipality or county of the identity of the | 19 |
| owner of the vehicle, but in no event later than 90 days | 20 |
| after the violation. A person authorized by ordinance to | 21 |
| issue and serve parking,
standing, and compliance
| 22 |
| violation notices shall certify as to the correctness of | 23 |
| the facts entered
on the violation notice by signing his or | 24 |
| her name to the notice at
the time of service or in the | 25 |
| case of a notice produced by a computerized
device, by | 26 |
| signing a single certificate to be kept by the traffic
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| compliance
administrator attesting to the correctness of | 2 |
| all notices produced by the
device while it was under his | 3 |
| or her control. In the case of an automated traffic law | 4 |
| violation, the ordinance shall
require
a
determination by a | 5 |
| technician employed or contracted by the municipality or | 6 |
| county that,
based on inspection of recorded images, the | 7 |
| motor vehicle was being operated in
violation of Section | 8 |
| 11-208.6 or a local ordinance.
If the technician determines | 9 |
| that the
vehicle entered the intersection as part of a | 10 |
| funeral procession or in order to
yield the right-of-way to | 11 |
| an emergency vehicle, a citation shall not be issued. In | 12 |
| the case of a automated speed enforcement system violation, | 13 |
| the ordinance shall require a determination by a technician | 14 |
| employed or contracted by the municipality or county or | 15 |
| entity having a contract with the municipality or county | 16 |
| that, based on inspection of recorded images, the motor | 17 |
| vehicle was being operated in violation of Section 11-605 | 18 |
| or a similar local ordinance. The original or a
facsimile | 19 |
| of the violation notice or, in the case of a notice | 20 |
| produced by a
computerized device, a printed record | 21 |
| generated by the device showing the facts
entered on the | 22 |
| notice, shall be retained by the
traffic compliance
| 23 |
| administrator, and shall be a record kept in the ordinary | 24 |
| course of
business. A parking, standing, compliance, or | 25 |
| automated speed or traffic law violation notice issued,
| 26 |
| signed and served in
accordance with this Section, a copy |
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| of the notice, or the computer
generated record shall be | 2 |
| prima facie
correct and shall be prima facie evidence of | 3 |
| the correctness of the facts
shown on the notice. The | 4 |
| notice, copy, or computer generated
record shall be | 5 |
| admissible in any
subsequent administrative or legal | 6 |
| proceedings.
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| (4) An opportunity for a hearing for the registered | 8 |
| owner of the
vehicle cited in the parking, standing, | 9 |
| compliance, or automated speed or traffic law violation | 10 |
| notice in
which the owner may
contest the merits of the | 11 |
| alleged violation, and during which formal or
technical | 12 |
| rules of evidence shall not apply; provided, however, that | 13 |
| under
Section 11-1306 of this Code the lessee of a vehicle | 14 |
| cited in the
violation notice likewise shall be provided an | 15 |
| opportunity for a hearing of
the same kind afforded the | 16 |
| registered owner. The hearings shall be
recorded, and the | 17 |
| person conducting the hearing on behalf of the traffic
| 18 |
| compliance
administrator shall be empowered to administer | 19 |
| oaths and to secure by
subpoena both the attendance and | 20 |
| testimony of witnesses and the production
of relevant books | 21 |
| and papers. Persons appearing at a hearing under this
| 22 |
| Section may be represented by counsel at their expense. The | 23 |
| ordinance may
also provide for internal administrative | 24 |
| review following the decision of
the hearing officer.
| 25 |
| (5) Service of additional notices, sent by first class | 26 |
| United States
mail, postage prepaid, to the address of the |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| registered owner of the cited
vehicle as recorded with the | 2 |
| Secretary of State or, if any notice to that address is | 3 |
| returned as undeliverable, to the last known address | 4 |
| recorded in a United States Post Office approved database,
| 5 |
| or, under Section 11-1306
of this Code, to the lessee of | 6 |
| the cited vehicle at the last address known
to the lessor | 7 |
| of the cited vehicle at the time of lease or, if any notice | 8 |
| to that address is returned as undeliverable, to the last | 9 |
| known address recorded in a United States Post Office | 10 |
| approved database.
The service shall
be deemed complete as | 11 |
| of the date of deposit in the United States mail.
The | 12 |
| notices shall be in the following sequence and shall | 13 |
| include but not be
limited to the information specified | 14 |
| herein:
| 15 |
| (i) A second notice of parking, standing, or | 16 |
| compliance violation. This notice shall specify the
| 17 |
| date and location of the violation cited in the | 18 |
| parking,
standing,
or compliance violation
notice, the | 19 |
| particular regulation violated, the vehicle
make and | 20 |
| state registration number, the fine and any penalty | 21 |
| that may be
assessed for late payment when so provided | 22 |
| by ordinance, the availability
of a hearing in which | 23 |
| the violation may be contested on its merits, and the
| 24 |
| time and manner in which the hearing may be had. The | 25 |
| notice of violation
shall also state that failure | 26 |
| either to pay the indicated fine and any
applicable |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| penalty, or to appear at a hearing on the merits in the | 2 |
| time and
manner specified, will result in a final | 3 |
| determination of violation
liability for the cited | 4 |
| violation in the amount of the fine or penalty
| 5 |
| indicated, and that, upon the occurrence of a final | 6 |
| determination of violation liability for the failure, | 7 |
| and the exhaustion of, or
failure to exhaust, available | 8 |
| administrative or judicial procedures for
review, any | 9 |
| unpaid fine or penalty will constitute a debt due and | 10 |
| owing
the municipality.
| 11 |
| (ii) A notice of final determination of parking, | 12 |
| standing,
compliance, or automated speed or traffic | 13 |
| law violation liability.
This notice shall be sent | 14 |
| following a final determination of parking,
standing, | 15 |
| compliance, or automated speed or traffic law
| 16 |
| violation liability and the conclusion of judicial | 17 |
| review procedures taken
under this Section. The notice | 18 |
| shall state that the unpaid fine or
penalty is a debt | 19 |
| due and owing the municipality. The notice shall | 20 |
| contain
warnings that failure to pay any fine or | 21 |
| penalty due and owing the
municipality within the time | 22 |
| specified may result in the municipality's
filing of a | 23 |
| petition in the Circuit Court to have the unpaid
fine | 24 |
| or penalty rendered a judgment as provided by this | 25 |
| Section, or may
result in suspension of the person's | 26 |
| drivers license for failure to pay
fines or penalties |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| for 10 or more parking violations under Section 6-306.5 | 2 |
| or 5 or more automated traffic law violations under | 3 |
| Section 11-208.6 or 5 or more automated speed | 4 |
| enforcement system violations under Section 11-208.7 .
| 5 |
| (6) A Notice of impending drivers license suspension. | 6 |
| This
notice shall be sent to the person liable for any fine | 7 |
| or penalty that
remains due and owing on 10 or more parking
| 8 |
| violations or 5 or more unpaid automated speed or traffic | 9 |
| law violations. The notice
shall state that failure to pay | 10 |
| the fine or penalty owing within 45 days of
the notice's | 11 |
| date will result in the municipality notifying the | 12 |
| Secretary
of State that the person is eligible for | 13 |
| initiation of suspension
proceedings under Section 6-306.5 | 14 |
| of this Code. The notice shall also state
that the person | 15 |
| may obtain a photostatic copy of an original ticket | 16 |
| imposing a
fine or penalty by sending a self addressed, | 17 |
| stamped envelope to the
municipality along with a request | 18 |
| for the photostatic copy.
The notice of impending
drivers | 19 |
| license suspension shall be sent by first class United | 20 |
| States mail,
postage prepaid, to the address recorded with | 21 |
| the Secretary of State or, if any notice to that address is | 22 |
| returned as undeliverable, to the last known address | 23 |
| recorded in a United States Post Office approved database.
| 24 |
| (7) Final determinations of violation liability. A | 25 |
| final
determination of violation liability shall occur | 26 |
| following failure
to pay the fine or penalty after a |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| hearing officer's determination of violation liability and | 2 |
| the exhaustion of or failure to exhaust any
administrative | 3 |
| review procedures provided by ordinance. Where a person
| 4 |
| fails to appear at a hearing to contest the alleged | 5 |
| violation in the time
and manner specified in a prior | 6 |
| mailed notice, the hearing officer's
determination of | 7 |
| violation liability shall become final: (A) upon
denial of | 8 |
| a timely petition to set aside that determination, or (B) | 9 |
| upon
expiration of the period for filing the petition | 10 |
| without a
filing having been made.
| 11 |
| (8) A petition to set aside a determination of parking, | 12 |
| standing,
compliance, or automated speed or traffic law | 13 |
| violation
liability that may be filed by a person owing an | 14 |
| unpaid fine or penalty.
The petition shall be filed with | 15 |
| and ruled upon by the traffic compliance
administrator in | 16 |
| the manner and within the time specified by ordinance.
The | 17 |
| grounds for the petition may be limited to: (A) the person | 18 |
| not having
been the owner or lessee of the cited vehicle on | 19 |
| the date the
violation notice was issued, (B) the person | 20 |
| having already paid the fine or
penalty for the violation | 21 |
| in question, and (C) excusable failure to
appear at or
| 22 |
| request a new date for a hearing.
With regard to | 23 |
| municipalities with a population of 1 million or more, it
| 24 |
| shall be grounds for
dismissal of a
parking violation if | 25 |
| the state registration number, or vehicle make if | 26 |
| specified, is
incorrect. After the determination of
|
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| parking, standing, compliance, or automated speed or | 2 |
| traffic law violation liability has been set aside
upon a | 3 |
| showing of just
cause, the registered owner shall be | 4 |
| provided with a hearing on the merits
for that violation.
| 5 |
| (9) Procedures for non-residents. Procedures by which | 6 |
| persons who are
not residents of the municipality may | 7 |
| contest the merits of the alleged
violation without | 8 |
| attending a hearing.
| 9 |
| (10) A schedule of civil fines for violations of | 10 |
| vehicular standing,
parking, compliance, or automated | 11 |
| speed or traffic law regulations enacted by ordinance | 12 |
| pursuant to this
Section, and a
schedule of penalties for | 13 |
| late payment of the fines, provided, however,
that the | 14 |
| total amount of the fine and penalty for any one violation | 15 |
| shall
not exceed $250, except as provided in subsection (c) | 16 |
| of Section 11-1301.3 of this Code.
| 17 |
| (11) Other provisions as are necessary and proper to | 18 |
| carry into
effect the powers granted and purposes stated in | 19 |
| this Section.
| 20 |
| (c) Any municipality establishing vehicular standing, | 21 |
| parking,
compliance, or automated speed or traffic law
| 22 |
| regulations under this Section may also provide by ordinance | 23 |
| for a
program of vehicle immobilization for the purpose of | 24 |
| facilitating
enforcement of those regulations. The program of | 25 |
| vehicle
immobilization shall provide for immobilizing any | 26 |
| eligible vehicle upon the
public way by presence of a restraint |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| in a manner to prevent operation of
the vehicle. Any ordinance | 2 |
| establishing a program of vehicle
immobilization under this | 3 |
| Section shall provide:
| 4 |
| (1) Criteria for the designation of vehicles eligible | 5 |
| for
immobilization. A vehicle shall be eligible for | 6 |
| immobilization when the
registered owner of the vehicle has | 7 |
| accumulated the number of unpaid final
determinations of | 8 |
| parking, standing, compliance, or automated speed or | 9 |
| traffic law violation liability as
determined by | 10 |
| ordinance.
| 11 |
| (2) A notice of impending vehicle immobilization and a | 12 |
| right to a
hearing to challenge the validity of the notice | 13 |
| by disproving liability
for the unpaid final | 14 |
| determinations of parking, standing, compliance, or | 15 |
| automated speed or traffic law
violation liability listed
| 16 |
| on the notice.
| 17 |
| (3) The right to a prompt hearing after a vehicle has | 18 |
| been immobilized
or subsequently towed without payment of | 19 |
| the outstanding fines and
penalties on parking, standing, | 20 |
| compliance, or automated speed or traffic law violations | 21 |
| for which final
determinations have been
issued. An order | 22 |
| issued after the hearing is a final administrative
decision | 23 |
| within the meaning of Section 3-101 of the Code of Civil | 24 |
| Procedure.
| 25 |
| (4) A post immobilization and post-towing notice | 26 |
| advising the registered
owner of the vehicle of the right |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| to a hearing to challenge the validity
of the impoundment.
| 2 |
| (d) Judicial review of final determinations of parking, | 3 |
| standing,
compliance, or automated speed or traffic law
| 4 |
| violations and final administrative decisions issued after | 5 |
| hearings
regarding vehicle immobilization and impoundment made
| 6 |
| under this Section shall be subject to the provisions of
the | 7 |
| Administrative Review Law.
| 8 |
| (e) Any fine, penalty, or part of any fine or any penalty | 9 |
| remaining
unpaid after the exhaustion of, or the failure to | 10 |
| exhaust, administrative
remedies created under this Section | 11 |
| and the conclusion of any judicial
review procedures shall be a | 12 |
| debt due and owing the municipality and, as
such, may be | 13 |
| collected in accordance with applicable law. Payment in full
of | 14 |
| any fine or penalty resulting from a standing, parking,
| 15 |
| compliance, or automated speed or traffic law violation shall
| 16 |
| constitute a final disposition of that violation.
| 17 |
| (f) After the expiration of the period within which | 18 |
| judicial review may
be sought for a final determination of | 19 |
| parking, standing, compliance, or automated speed or traffic | 20 |
| law
violation, the municipality
may commence a proceeding in | 21 |
| the Circuit Court for purposes of obtaining a
judgment on the | 22 |
| final determination of violation. Nothing in this
Section shall | 23 |
| prevent a municipality from consolidating multiple final
| 24 |
| determinations of parking, standing, compliance, or automated | 25 |
| speed or traffic law violations against a
person in a | 26 |
| proceeding.
Upon commencement of the action, the municipality |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| shall file a certified
copy or record of the final | 2 |
| determination of parking, standing, compliance, or automated | 3 |
| speed or traffic law
violation, which shall be
accompanied by a | 4 |
| certification that recites facts sufficient to show that
the | 5 |
| final determination of violation was
issued in accordance with | 6 |
| this Section and the applicable municipal
ordinance. Service of | 7 |
| the summons and a copy of the petition may be by
any method | 8 |
| provided by Section 2-203 of the Code of Civil Procedure or by
| 9 |
| certified mail, return receipt requested, provided that the | 10 |
| total amount of
fines and penalties for final determinations of | 11 |
| parking, standing,
compliance, or automated speed or traffic | 12 |
| law violations does not
exceed $2500. If the court is satisfied | 13 |
| that the final determination of
parking, standing, compliance, | 14 |
| or automated speed or traffic law violation was entered in | 15 |
| accordance with
the requirements of
this Section and the | 16 |
| applicable municipal ordinance, and that the registered
owner | 17 |
| or the lessee, as the case may be, had an opportunity for an
| 18 |
| administrative hearing and for judicial review as provided in | 19 |
| this Section,
the court shall render judgment in favor of the | 20 |
| municipality and against
the registered owner or the lessee for | 21 |
| the amount indicated in the final
determination of parking, | 22 |
| standing, compliance, or automated speed or traffic law | 23 |
| violation, plus costs.
The judgment shall have
the same effect | 24 |
| and may be enforced in the same manner as other judgments
for | 25 |
| the recovery of money.
| 26 |
| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| 2 |
| (625 ILCS 5/11-208.6)
| 3 |
| Sec. 11-208.6. Automated traffic law enforcement system.
| 4 |
| (a) As used in this Section, "automated traffic law | 5 |
| enforcement
system" means a device with one or more motor | 6 |
| vehicle sensors working
in conjunction with a red light signal | 7 |
| to produce recorded images of
motor vehicles entering an | 8 |
| intersection against a red signal
indication in violation of | 9 |
| Section 11-306 of this Code or a similar provision
of a local | 10 |
| ordinance.
| 11 |
| An
automated traffic law enforcement system is a system, in | 12 |
| a municipality or
county operated by a
governmental agency, | 13 |
| that
produces a recorded image of a motor vehicle's
violation | 14 |
| of a provision of this Code or a local ordinance
and is | 15 |
| designed to obtain a clear recorded image of the
vehicle and | 16 |
| the vehicle's license plate. The recorded image must also
| 17 |
| display the time, date, and location of the violation.
| 18 |
| (b) As used in this Section, "recorded images" means images
| 19 |
| recorded by an automated traffic law enforcement system on:
| 20 |
| (1) 2 or more photographs;
| 21 |
| (2) 2 or more microphotographs;
| 22 |
| (3) 2 or more electronic images; or
| 23 |
| (4) a video recording showing the motor vehicle and, on | 24 |
| at
least one image or portion of the recording, clearly | 25 |
| identifying the
registration plate number of the motor |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| vehicle.
| 2 |
| (c) A county or municipality, including a home rule county | 3 |
| or municipality, may not use an automated traffic law | 4 |
| enforcement system to provide recorded images of a motor | 5 |
| vehicle for the purpose of recording its speed. The regulation | 6 |
| of the use of automated traffic law enforcement systems to | 7 |
| record vehicle speeds is an exclusive power and function of the | 8 |
| State. This subsection (c) is a denial and limitation of home | 9 |
| rule powers and functions under subsection (h) of Section 6 of | 10 |
| Article VII of the Illinois Constitution.
Nothing in this | 11 |
| subsection (c) limits the authority of a county or municipality | 12 |
| to implement and use an automated speed enforcement system | 13 |
| under Section 11-208.7 of this Code. | 14 |
| (d) For each violation of a provision of this Code or a | 15 |
| local ordinance
recorded by an automatic
traffic law | 16 |
| enforcement system, the county or municipality having
| 17 |
| jurisdiction shall issue a written notice of the
violation to | 18 |
| the registered owner of the vehicle as the alleged
violator. | 19 |
| The notice shall be delivered to the registered
owner of the | 20 |
| vehicle, by mail, within 30 days after the Secretary of State | 21 |
| notifies the municipality or county of the identity of the | 22 |
| owner of the vehicle, but in no event later than 90 days after | 23 |
| the violation.
| 24 |
| The notice shall include:
| 25 |
| (1) the name and address of the registered owner of the
| 26 |
| vehicle;
|
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| (2) the registration number of the motor vehicle
| 2 |
| involved in the violation;
| 3 |
| (3) the violation charged;
| 4 |
| (4) the location where the violation occurred;
| 5 |
| (5) the date and time of the violation;
| 6 |
| (6) a copy of the recorded images;
| 7 |
| (7) the amount of the civil penalty imposed and the | 8 |
| date
by which the civil penalty should be paid;
| 9 |
| (8) a statement that recorded images are evidence of a
| 10 |
| violation of a red light signal;
| 11 |
| (9) a warning that failure to pay the civil penalty or | 12 |
| to
contest liability in a timely manner is an admission of
| 13 |
| liability and may result in a suspension of the driving
| 14 |
| privileges of the registered owner of the vehicle; and
| 15 |
| (10) a statement that the person may elect to proceed | 16 |
| by:
| 17 |
| (A) paying the fine; or
| 18 |
| (B) challenging the charge in court, by mail, or by | 19 |
| administrative hearing.
| 20 |
| (e) If a person
charged with a traffic violation, as a | 21 |
| result of an automated traffic law
enforcement system, does not | 22 |
| pay or successfully contest the civil
penalty resulting from | 23 |
| that violation, the Secretary of State shall suspend the
| 24 |
| driving privileges of the
registered owner of the vehicle under | 25 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 26 |
| penalty
due and owing as a result of 5 violations of the |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| automated traffic law
enforcement system.
| 2 |
| (f) Based on inspection of recorded images produced by an
| 3 |
| automated traffic law enforcement system, a notice alleging | 4 |
| that the violation occurred shall be evidence of the facts | 5 |
| contained
in the notice and admissible in any proceeding | 6 |
| alleging a
violation under this Section.
| 7 |
| (g) Recorded images made by an automatic traffic law
| 8 |
| enforcement system are confidential and shall be made
available | 9 |
| only to the alleged violator and governmental and
law | 10 |
| enforcement agencies for purposes of adjudicating a
violation | 11 |
| of this Section, for statistical purposes, or for other | 12 |
| governmental purposes. Any recorded image evidencing a
| 13 |
| violation of this Section, however, may be admissible in
any | 14 |
| proceeding resulting from the issuance of the citation.
| 15 |
| (h) The court or hearing officer may consider in defense of | 16 |
| a violation:
| 17 |
| (1) that the motor vehicle or registration plates of | 18 |
| the motor
vehicle were stolen before the violation occurred | 19 |
| and not
under the control of or in the possession of the | 20 |
| owner at
the time of the violation;
| 21 |
| (2) that the driver of the vehicle passed through the
| 22 |
| intersection when the light was red either (i) in order to
| 23 |
| yield the right-of-way to an emergency vehicle or (ii) as
| 24 |
| part of a funeral procession; and
| 25 |
| (3) any other evidence or issues provided by municipal | 26 |
| or county ordinance.
|
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| (i) To demonstrate that the motor vehicle or the | 2 |
| registration
plates were stolen before the violation occurred | 3 |
| and were not under the
control or possession of the owner at | 4 |
| the time of the violation, the
owner must submit proof that a | 5 |
| report concerning the stolen
motor vehicle or registration | 6 |
| plates was filed with a law enforcement agency in a timely | 7 |
| manner.
| 8 |
| (j) Unless the driver of the motor vehicle received a | 9 |
| Uniform
Traffic Citation from a police officer at the time of | 10 |
| the violation,
the motor vehicle owner is subject to a civil | 11 |
| penalty not exceeding
$100, plus an additional penalty of not | 12 |
| more than $100 for failure to pay the original penalty in a | 13 |
| timely manner, if the motor vehicle is recorded by an automated | 14 |
| traffic law
enforcement system. A violation for which a civil | 15 |
| penalty is imposed
under this Section is not a violation of a | 16 |
| traffic regulation governing
the movement of vehicles and may | 17 |
| not be recorded on the driving record
of the owner of the | 18 |
| vehicle.
| 19 |
| (k) An intersection equipped with an automated traffic law
| 20 |
| enforcement system must be posted with a sign visible to | 21 |
| approaching traffic
indicating that the intersection is being | 22 |
| monitored by an automated
traffic law enforcement system.
| 23 |
| (l) The compensation paid for an automated traffic law | 24 |
| enforcement system
must be based on the value of the equipment | 25 |
| or the services provided and may
not be based on the number of | 26 |
| traffic citations issued or the revenue generated
by the |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| system.
| 2 |
| (m) This Section applies only to the counties of Cook, | 3 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 4 |
| to municipalities located within those counties.
| 5 |
| (Source: P.A. 94-795, eff. 5-22-06.) | 6 |
| (625 ILCS 5/11-208.7 new) | 7 |
| Sec. 11-208.7. Automated speed enforcement system. | 8 |
| (a) As used in this Section: | 9 |
| "Automated speed enforcement system" means a technology | 10 |
| that: | 11 |
| (1) is designed to record the speed of a vehicle and | 12 |
| obtain quality recorded images of a motor vehicle and the | 13 |
| motor vehicle registration plate while a driver is | 14 |
| violating Section 11-605 of this Code or a similar local | 15 |
| ordinance in high-risk locations, including, but not | 16 |
| limited to, school speed zones, interstate highways, and | 17 |
| areas with a high volume of motor vehicle accidents; a law | 18 |
| enforcement officer is not required to be present or to | 19 |
| witness the violation; | 20 |
| (2) averages speed over a set distance rather than | 21 |
| capturing a driver's speed at a moment in time; | 22 |
| (3) has a demonstrated capability of producing quality | 23 |
| pictures of license plates in varying weather conditions | 24 |
| and correctly recognizes more than 90% of license plates, | 25 |
| based on independent study; and |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| (4) is designed for multi-functional capabilities | 2 |
| beyond automated speed enforcement, including (i) locating | 3 |
| and apprehending criminals, (ii) locating and apprehending | 4 |
| individuals that are the subject of Amber Alerts, and (iii) | 5 |
| recovery of stolen vehicles. | 6 |
| "Department" has the meaning ascribed to it by Section | 7 |
| 1-115.05 of this Code. | 8 |
| "Owner" means the registered owner of a motor vehicle or a | 9 |
| lessee of a motor vehicle under a lease of 6 months or more. | 10 |
| "Recorded images" means images recorded by an automated | 11 |
| speed enforcement system displaying the time, date, and | 12 |
| location of the violation and showing the motor vehicle and | 13 |
| clearly identifying the driver's registration plate of the | 14 |
| motor vehicle on: | 15 |
| (1) one or more photographs; | 16 |
| (2) one or more microphotographs; | 17 |
| (3) one or more electronic images; or | 18 |
| (4) a video recording. | 19 |
| (b) The Department: | 20 |
| (1) may enact rules to place automated speed | 21 |
| enforcement systems on interstate highways in areas | 22 |
| determined to be high-risk locations due to traffic | 23 |
| congestion or a high volume of motor vehicle accidents or | 24 |
| other similar criteria; | 25 |
| (2) must enact rules to place automated speed | 26 |
| enforcement systems in high-risk locations of a county or |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| municipality upon a formal request by the county or | 2 |
| municipality and approval by the Department pursuant to | 3 |
| subsection (c) of this Section; | 4 |
| (3) may enact rules to provide for a system of | 5 |
| enforcement and administrative adjudication of violation | 6 |
| notices issued pursuant to this Section where the violation | 7 |
| occurs on an interstate highway and a civil penalty is | 8 |
| assessed; | 9 |
| (4) may enter into contracts with private vendors to | 10 |
| establish a system of providing uniform automated speed | 11 |
| enforcement systems under this Section; | 12 |
| (5) must hire a firm that is independent of the private | 13 |
| vendor in subdivision (4) of this subsection (b) and the | 14 |
| independent firm in subdivision (6) of this subsection (b) | 15 |
| to regularly test the accuracy of automated speed | 16 |
| enforcement systems under this Section; | 17 |
| (6) must hire a firm that is independent of the private | 18 |
| vendor in subdivision (4) of this subsection (b) and the | 19 |
| independent firm in subdivision (5) of this subsection (b) | 20 |
| to conduct a formal evaluation of automated speed | 21 |
| enforcement systems under this Section and the impact of | 22 |
| those systems on high-risk locations. The evaluation must | 23 |
| occur within 2 years of the first violation notice issued | 24 |
| by a automated speed enforcement system; | 25 |
| (7) may enact rules to determine the amounts of each | 26 |
| civil penalty assessed for a violation of this Section or a |
|
|
|
09600SB1950sam001 |
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LRB096 08742 AJT 22844 a |
|
| 1 |
| similar local ordinance issued by a county or municipality | 2 |
| that will be distributed to the public entities under | 3 |
| subsection (l) of this Section. The rules must include, at | 4 |
| a minimum, that amount of funds collected from each | 5 |
| violation of this Section or a similar local ordinance that | 6 |
| will be disbursed from the Automated Speed Enforcement | 7 |
| Fund: | 8 |
| (A) to the Department for the purposes in | 9 |
| subsection (l) of this Section; | 10 |
| (B) if a county or municipality issued the | 11 |
| violation notice, to the county or municipality that | 12 |
| issued the notice for the purposes in subsection (l); | 13 |
| (C) if the violation occurred in a school speed | 14 |
| zone, to the school district where the violation | 15 |
| occurred for the purposes in subsection (l); and | 16 |
| (D) to the State for the purposes in subsection | 17 |
| (l). | 18 |
| (8) must conduct a public information campaign | 19 |
| regarding automated speed enforcement systems before the | 20 |
| issuance of violation notices pursuant to this Section. The | 21 |
| public information must continue throughout the life of the | 22 |
| automated speed enforcement system. | 23 |
| (c) A county or municipality may enact ordinances to | 24 |
| request that the Department place an automated speed | 25 |
| enforcement system in areas determined to be high-risk | 26 |
| locations due to pedestrian or traffic congestion or a high |
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| volume of motor vehicle accidents or other similar criteria. A | 2 |
| formal request to place an automated speed enforcement system | 3 |
| in a high-risk location pursuant to this subsection (c) is | 4 |
| subject to the final approval of the Department. The county or | 5 |
| municipality may enact ordinances to provide for enforcement of | 6 |
| automated speed enforcement system violations and provide for a | 7 |
| system of administrative adjudication of violation notices | 8 |
| where a civil penalty is assessed for a violation pursuant to | 9 |
| Section 11-208.3 of this Code. | 10 |
| (d) For each violation of a provision of Section 11-605 of | 11 |
| this Code or a similar local ordinance recorded by an automated | 12 |
| speed enforcement system, the Department or the county or | 13 |
| municipality having jurisdiction must issue a written notice of | 14 |
| the violation to the owner of the vehicle. The notice must be | 15 |
| delivered to the owner of the vehicle, by mail, within 7 days | 16 |
| after the municipality or county is notified of the identity of | 17 |
| the owner of the vehicle, but in no event later than 120 days | 18 |
| after the violation. | 19 |
| The notice must include: | 20 |
| (1) the name and address of the owner of the vehicle; | 21 |
| (2) the registration number of the motor vehicle | 22 |
| involved in the violation; | 23 |
| (3) the violation charged; | 24 |
| (4) the location where the violation occurred; | 25 |
| (5) the date and time of the violation; | 26 |
| (6) a copy of the recorded images, including a photo of |
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| the driver's license plate; | 2 |
| (7) the amount of the civil penalty imposed and the | 3 |
| date by which the civil penalty should be paid; | 4 |
| (8) a signed statement by a technician employed by the | 5 |
| Department or county or municipality having jurisdiction | 6 |
| that, based on inspection of recorded images, the motor | 7 |
| vehicle was being operated in violation of Section 11-605 | 8 |
| of this Code or a similar local ordinance; | 9 |
| (9) a signed statement by a technician employed by the | 10 |
| Department that the automated speed enforcement system | 11 |
| recording the person was tested and correctly calibrated on | 12 |
| the date of the violation; | 13 |
| (10) a statement that recorded images are evidence of | 14 |
| an automated speed enforcement system violation; | 15 |
| (11) information advising the person alleged to have | 16 |
| violated the automated speed enforcement system: | 17 |
| (A) of the manner, time, and place that the | 18 |
| violation may be contested; and | 19 |
| (B) a warning that failure to pay the civil penalty | 20 |
| or to contest liability in a timely manner is an | 21 |
| admission of liability and may result in a suspension | 22 |
| of the driving privileges of the owner of the vehicle; | 23 |
| and | 24 |
| (12) a statement that the person may elect to proceed | 25 |
| by: | 26 |
| (A) paying the citation or civil penalty; |
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| (B) challenging the charge by trial or by | 2 |
| administrative hearing; or | 3 |
| (C) identifying the person operating the motor | 4 |
| vehicle at the time of the violation, including the | 5 |
| person's name and current address. | 6 |
| (e) If the person named in the violation notice is the | 7 |
| owner of a commercial motor vehicle, as defined in Section | 8 |
| 6-500 of this Code, named in the violation notice, the person | 9 |
| may demonstrate that the person did not violate this Section or | 10 |
| similar local ordinance by mailing a certified letter | 11 |
| containing an affidavit that (i) swears that the person named | 12 |
| in the violation notice was not operating the commercial motor | 13 |
| vehicle at the time of the violation and (ii) provides the | 14 |
| name, current address, and driver's license number of the | 15 |
| person who was operating the commercial motor vehicle at the | 16 |
| time of the violation. | 17 |
| (f) In any hearing for which a civil penalty is assessed | 18 |
| for a violation of this Section or a similar local ordinance, | 19 |
| the rules of evidence must include: | 20 |
| (1) based on inspection of recorded images produced by | 21 |
| an automated speed enforcement system, a notice alleging | 22 |
| that the violation occurred is evidence of the facts | 23 |
| contained in the notice and admissible in any proceeding | 24 |
| alleging a violation under this Section; | 25 |
| (2) the standard of proof is by the preponderance of | 26 |
| the evidence; and |
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| (3) the court or hearing officer may consider in | 2 |
| defense of a violation: | 3 |
| (A) that the motor vehicle or registration plates | 4 |
| of the motor vehicle were stolen before the violation | 5 |
| occurred and not under the control of or in the | 6 |
| possession of the owner at the time of the violation; | 7 |
| to demonstrate that the motor vehicle or the | 8 |
| registration plates were stolen before the violation | 9 |
| occurred and were not under the control or possession | 10 |
| of the owner at the time of the violation, the owner | 11 |
| must submit proof that a report concerning the stolen | 12 |
| motor vehicle or registration plates was filed with a | 13 |
| law enforcement agency in a timely manner; | 14 |
| (B) that evidence satisfactory to the court or | 15 |
| hearing officer that the person named in the violation | 16 |
| notice was not operating the vehicle at the time of the | 17 |
| violation; if the court or hearing officer finds that | 18 |
| the person named in the violation notice was not | 19 |
| operating the vehicle at the time of the violation, the | 20 |
| owner is not liable; if the court or hearing officer | 21 |
| has evidence that another identified person was | 22 |
| driving the vehicle at the time of the violation, the | 23 |
| court or hearing officer must provide the Department or | 24 |
| unit of local government that evidence and the | 25 |
| Department or unit of local government may issue a | 26 |
| notice violation to the identified person pursuant to |
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| this Section; or | 2 |
| (C) any other evidence the court or hearing officer | 3 |
| deems pertinent to the hearing. | 4 |
| (g) 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 | 9 |
| including, but not limited to, evaluation of an automated speed | 10 |
| enforcement system under subdivision (6) of subsection (b) of | 11 |
| this Section. Any recorded image evidencing a violation, | 12 |
| however, may be admissible in any hearing resulting from the | 13 |
| issuance of the citation. | 14 |
| (h) Unless the driver of the motor vehicle was cited by a | 15 |
| police officer at the time of the violation, the motor vehicle | 16 |
| owner is subject to a civil penalty. A violation for which a | 17 |
| civil penalty is imposed under this Section is not a violation | 18 |
| of a traffic regulation governing the movement of vehicles and | 19 |
| may not be recorded on the driving record of the owner of the | 20 |
| vehicle. Notwithstanding any other provision of law, the civil | 21 |
| penalty for a violation under this Section is as follows: | 22 |
| (1) For violations issued by the Department: | 23 |
| (A) $75 for traveling 1 mph through 20 mph over the | 24 |
| posted speed limit on an interstate highway; | 25 |
| (B) $95 for traveling 21 mph through 30 mph over | 26 |
| the posted speed limit on an interstate highway; and |
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| (C) $105 for traveling 31 mph or more over the | 2 |
| posted speed limit on an interstate highway. | 3 |
| (E) 60% of civil fines collected for violations | 4 |
| issued by the Department shall be disbursed to the | 5 |
| Department of State Police; 40% of civil fines | 6 |
| collected for violations issued by the Department | 7 |
| shall be disbursed to the Department. | 8 |
| (2) For violations issued by a county of municipality, | 9 |
| the civil penalty for violation of this Section or a | 10 |
| similar local ordinance is in the discretion of the county | 11 |
| or municipality and must be enacted by local ordinance. | 12 |
| (i) All civil penalties collected for a violation of this | 13 |
| Section or a similar local ordinance shall be deposited into an | 14 |
| Automated Speed Enforcement Fund. Funds in the Automated Speed | 15 |
| Enforcement Fund shall be disbursed according to rules adopted | 16 |
| by the Department pursuant to subdivision (7) of subsection (b) | 17 |
| and as provided for in subsections (h) and (l) of this Section. | 18 |
| (j) The Secretary of State may suspend the driving | 19 |
| privileges of the owner of the vehicle under Section 6-306.5 of | 20 |
| this Code for failing to pay any fine or penalty due and owing | 21 |
| as a result of 5 violations of the automated traffic law | 22 |
| enforcement system under Section 11-208.6 of this Code or the | 23 |
| automated speed enforcement system under this Section or any | 24 |
| combination thereof. The Secretary of State may refuse to issue | 25 |
| or renew registration for vehicles owned by a person failing to | 26 |
| pay a civil penalty for violation of this Section or a similar |
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| local ordinance. | 2 |
| (k) A high-risk location that is equipped with an automated | 3 |
| speed enforcement system must be posted with a sign visible to | 4 |
| approaching traffic one-half mile before the high-risk | 5 |
| location indicating that the area is being monitored by an | 6 |
| automated speed enforcement system. | 7 |
| (l) The Automated Speed Enforcement Fund is created a | 8 |
| special fund in the State treasury. All moneys in the Automated | 9 |
| Speed Enforcement Fund shall be paid, subject to appropriation | 10 |
| by the General Assembly and approval by the Secretary, to: | 11 |
| (1) the Department for the acquisition, installation, | 12 |
| replacement, public information campaigns, evaluations, | 13 |
| and administration of automated speed enforcement systems | 14 |
| under this Section; | 15 |
| (2) the Department of State Police for license plate | 16 |
| recognition on interstate highways. | 17 |
| (3) a school district for the upgrading and improvement | 18 |
| of educational programs; | 19 |
| (4) a county or municipality for the administration of | 20 |
| automated speed enforcement system violations under this | 21 |
| Section and the general revenue of the county or | 22 |
| municipality; and | 23 |
| (5) the General Revenue Fund of this State. | 24 |
| (625 ILCS 5/11-612)
| 25 |
| Sec. 11-612. Certain systems to record vehicle speeds |
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| prohibited. Except as authorized in Section 11-208.7 of this | 2 |
| Code or in the Automated Traffic Control Systems in Highway | 3 |
| Construction or Maintenance Zones Act, no photographic, video, | 4 |
| or other imaging system may be used in this State to record | 5 |
| vehicle speeds for the purpose of enforcing any law or | 6 |
| ordinance regarding a maximum or minimum speed limit unless a | 7 |
| law enforcement officer is present at the scene and witnesses | 8 |
| the event. No State or local governmental entity, including a | 9 |
| home rule county or municipality, may use such a system in a | 10 |
| way that is prohibited by this Section. The regulation of the | 11 |
| use of such systems is an exclusive power and function of the | 12 |
| State. This Section is a denial and limitation of home rule | 13 |
| powers and functions under subsection (h) of Section 6 of | 14 |
| Article VII of the Illinois Constitution.
| 15 |
| (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 16 |
| 94-814, eff. 1-1-07.)
| 17 |
| Section 15. The State Finance Act is amended by adding | 18 |
| Section 5.719 as follows: | 19 |
| (30 ILCS 105/5.719 new) | 20 |
| Sec. 5.719. The Automated Speed Enforcement Fund. | 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.".
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|