Full Text of HB3061 97th General Assembly
HB3061ham001 97TH GENERAL ASSEMBLY | Rep. Brandon W. Phelps Filed: 3/9/2011
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| 1 | | AMENDMENT TO HOUSE BILL 3061
| 2 | | AMENDMENT NO. ______. Amend House Bill 3061 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-605.1 as follows: | 6 | | (625 ILCS 5/11-605.1) | 7 | | Sec. 11-605.1. Special limit while traveling through a | 8 | | highway construction or maintenance speed zone. | 9 | | (a) A person may not operate a motor vehicle in a | 10 | | construction or maintenance speed zone at a speed in excess of | 11 | | the posted speed limit.
| 12 | | (b) Nothing in this Chapter prohibits the use of electronic | 13 | | speed-detecting devices or automated traffic control systems
| 14 | | within 500 feet of signs within a construction or maintenance | 15 | | speed zone indicating the zone, as defined in this Section, nor | 16 | | shall evidence obtained by use of those devices or systems be |
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| 1 | | inadmissible in any prosecution for speeding, provided the use | 2 | | of the device or system shall apply only to the enforcement of | 3 | | the special speed limit in the construction or maintenance | 4 | | speed zone.
| 5 | | (c) As used in this Section, a "construction or maintenance | 6 | | speed zone" is an area in which the Department, Toll Highway | 7 | | Authority, or local agency has determined that the preexisting | 8 | | established speed limit through a highway construction or | 9 | | maintenance project is greater than is reasonable or safe with | 10 | | respect to the conditions expected to exist in the construction | 11 | | or maintenance speed zone and has posted a lower speed limit | 12 | | with a highway construction or maintenance speed zone special | 13 | | speed limit sign. | 14 | | Highway construction or maintenance speed zone special | 15 | | speed limit signs shall be of a design approved by the | 16 | | Department. The signs must give proper due warning that a | 17 | | construction or maintenance speed zone is being approached and | 18 | | must indicate the maximum speed limit in effect. The signs also | 19 | | must state the amount of the minimum fine for a violation.
| 20 | | (d) A first violation of this Section is a petty offense | 21 | | with a minimum fine of $250. A second or subsequent violation | 22 | | of this Section is a petty offense with a minimum fine of $750. | 23 | | (e) If a fine for a violation of this Section is $250 or | 24 | | greater, the person who violated this Section shall be charged | 25 | | an additional $125, which shall be deposited into the | 26 | | Transportation Safety Highway Hire-back Fund in the State |
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| 1 | | treasury, unless (i) the violation occurred on a highway other | 2 | | than an interstate highway and (ii) a county police officer | 3 | | wrote the ticket for the violation, in which case the $125 | 4 | | shall be deposited into that county's Transportation Safety | 5 | | Highway Hire-back Fund. In the case of a second or subsequent | 6 | | violation of this Section, if the fine is $750 or greater, the | 7 | | person who violated this Section shall be charged an additional | 8 | | $250, which shall be deposited into the Transportation Safety | 9 | | Highway Hire-back Fund in the State treasury, unless (i) the | 10 | | violation occurred on a highway other than an interstate | 11 | | highway and (ii) a county police officer wrote the ticket for | 12 | | the violation, in which case the $250 shall be deposited into | 13 | | that county's Transportation Safety Highway Hire-back Fund.
| 14 | | (e-5) The Department of State Police and the local county | 15 | | police department have concurrent jurisdiction over any | 16 | | violation of this Section that occurs on an interstate highway.
| 17 | | (f) The Transportation Safety Highway Hire-back Fund, | 18 | | which was created by Public Act 92-619, shall continue to be a | 19 | | special fund in the State treasury. Subject to appropriation by | 20 | | the General Assembly and approval by the Secretary, the | 21 | | Secretary of Transportation shall use all moneys in the | 22 | | Transportation Safety Highway Hire-back Fund
to hire off-duty | 23 | | Department of State Police officers to monitor construction or | 24 | | maintenance zones.
| 25 | | (f-5) Each county shall create a Transportation Safety | 26 | | Highway Hire-back Fund. The county shall use all moneys in its |
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| 1 | | Transportation Safety Highway Hire-back Fund to hire off-duty | 2 | | county police officers to monitor construction or maintenance | 3 | | zones in that county on highways other than interstate | 4 | | highways.
| 5 | | (g) For a second or subsequent violation of this Section | 6 | | within 2 years of the date of the previous violation, the | 7 | | Secretary of State shall suspend the driver's license of the | 8 | | violator for a period of 90 days.
| 9 | | (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.) | 10 | | Section 10. The Automated Traffic Control Systems in | 11 | | Highway Construction or Maintenance Zones Act is amended by | 12 | | changing Sections 10, 15, 25, 30, 40, and 45 and by adding | 13 | | Section 37 as follows: | 14 | | (625 ILCS 7/10)
| 15 | | Sec. 10. Establishment of automated control systems.
The | 16 | | Department of State Police may establish an automated traffic | 17 | | control system in any construction or maintenance zone | 18 | | established by the Department of Transportation or the Illinois | 19 | | State Toll Highway Authority. An automated traffic control | 20 | | system may operate only during those periods when workers are | 21 | | present in the construction or maintenance zone. In any | 22 | | prosecution based upon evidence obtained through an automated | 23 | | traffic control system established under this Act, the State | 24 | | must prove that one or more workers were present in the |
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| 1 | | construction or maintenance zone when the violation occurred.
| 2 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 3 | | 94-814, eff. 1-1-07.) | 4 | | (625 ILCS 7/15)
| 5 | | Sec. 15. Definitions. As used in this Act: | 6 | | (a) "Automated traffic control system" means a | 7 | | photographic device, radar device, laser device, or other | 8 | | electrical or mechanical device or devices designed to record | 9 | | the speed of a vehicle and obtain a clear photograph or other | 10 | | recorded image of the vehicle, the vehicle operator, and the | 11 | | vehicle's registration plate while the driver is violating | 12 | | Section 11-605.1 of the Illinois Vehicle Code. The photograph | 13 | | or other recorded image must also display the time, date, and | 14 | | location of the violation. A law enforcement officer is not | 15 | | required to be present or to witness the violation. | 16 | | (b) "Construction or maintenance zone" means an area in | 17 | | which the Department of Transportation or the Illinois State | 18 | | Toll Highway Authority has determined that the preexisting | 19 | | established speed limit through a highway construction or | 20 | | maintenance project is greater than is reasonable or safe with
| 21 | | respect to the conditions expected to exist in the construction | 22 | | or maintenance
zone and has posted a lower speed limit with a | 23 | | highway construction or maintenance zone special speed limit | 24 | | sign in accordance with Section 11-605.1 of the Illinois | 25 | | Vehicle Code. |
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| 1 | | (c) "Owner" means the person or entity to whom the vehicle | 2 | | is registered , except this term shall not include a motor | 3 | | vehicle rental company when a motor vehicle registered by the | 4 | | company is being operated by another person under a rental | 5 | | agreement with the company .
| 6 | | (Source: P.A. 93-947, eff. 8-19-04.) | 7 | | (625 ILCS 7/25)
| 8 | | Sec. 25. Limitations on the use of automated traffic | 9 | | enforcement systems. | 10 | | (a) The Department of State Police must conduct a public | 11 | | information campaign to inform drivers about the use of | 12 | | automated traffic
control systems in highway construction or | 13 | | maintenance zones before establishing any of those systems. The | 14 | | Department of State Police shall adopt rules for implementing | 15 | | this subsection (a). | 16 | | (b) Signs indicating that speeds are enforced by automated | 17 | | traffic control systems must be clearly posted in the areas | 18 | | where the systems are in use. | 19 | | (c) Operation of automated traffic control systems is | 20 | | limited to areas where road construction or maintenance zones | 21 | | as defined by this Act
is occurring . | 22 | | (d) Photographs obtained in this manner may only be used as | 23 | | evidence in relation to a violation of Section 11-605.1 of the | 24 | | Illinois Vehicle Code for which the photograph is taken , unless | 25 | | otherwise allowed by law. Photographs or recorded images made |
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| 1 | | by an automated traffic control system are confidential and | 2 | | shall be made available only to the owner of the vehicle, the | 3 | | alleged offender, the alleged offender's attorney, the | 4 | | judiciary, the local State's Attorney, and governmental or law | 5 | | enforcement agencies. Any recorded image evidencing a | 6 | | violation of this Section, however, may be admissible in any | 7 | | proceeding resulting from the issuance of the citation . The | 8 | | photographs are available only to the owner of the vehicle, the | 9 | | offender and the offender's attorney, the judiciary, the local | 10 | | State's Attorney, and law enforcement officials. | 11 | | (e) (Blank) If the driver of the vehicle cannot be | 12 | | identified through the photograph, the owner is not liable for | 13 | | the fine, and the citation may not be counted against the | 14 | | driving record of the owner. If the driver can be identified, | 15 | | the driver is liable for the fine, and the violation is counted | 16 | | against his or her driving record .
| 17 | | (Source: P.A. 93-947, eff. 8-19-04.) | 18 | | (625 ILCS 7/30)
| 19 | | Sec. 30. Requirements for issuance of a citation. | 20 | | (a) The vehicle, vehicle operator, vehicle registration | 21 | | plate, speed, date, time, and location must be clearly visible | 22 | | on the photograph or other recorded image of the alleged | 23 | | violation. | 24 | | (b)
A Uniform Traffic Citation must be mailed or otherwise | 25 | | delivered to the registered owner of the vehicle and to the |
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| 1 | | alleged driver of the vehicle . If mailed, the citation must be | 2 | | sent via certified mail within 14
business days of the alleged | 3 | | violation , return receipt requested . | 4 | | (c) The
Uniform Traffic Citation must include: | 5 | | (1) the name and address of the vehicle owner; | 6 | | (2) the registration number of the vehicle; | 7 | | (3) the offense charged; | 8 | | (4) the time, date, and location of the violation; | 9 | | (5) the first available court date; and
| 10 | | (6) notice that the basis of the citation is the | 11 | | photograph or recorded image from the automated traffic | 12 | | control system ; . | 13 | | (7) the amount of the fine imposed; and | 14 | | (8) a statement that recorded images are evidence of a | 15 | | violation of a posted speed limit in a highway construction | 16 | | or maintenance zone. | 17 | | (d) The
Uniform Traffic Citation issued to the alleged | 18 | | violator must be accompanied by a written document that lists | 19 | | the alleged violator's rights and obligations and explains how | 20 | | the alleged violator can elect to proceed by either paying the | 21 | | fine or challenging the issuance of the
Uniform Traffic | 22 | | Citation.
| 23 | | (e) The written document accompanying the Uniform Traffic | 24 | | Citation shall advise the registered owner that: | 25 | | (1) if the owner was not the operator of the vehicle as | 26 | | identified in the photograph or recorded image from the |
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| 1 | | automated traffic control system in use at the time of the | 2 | | alleged offense, the owner must notify the Department of | 3 | | State Police, in writing, of the number of the Uniform | 4 | | Traffic Citation received and the name, driver's license | 5 | | number, and address of the person operating the vehicle as | 6 | | identified in the photograph or recorded image from the | 7 | | automated traffic control system in use at the time of the | 8 | | alleged offense. | 9 | | (2) if the owner was not the operator of the vehicle as | 10 | | identified in the photograph or recorded image from the | 11 | | automated traffic control system in use at the time of the | 12 | | alleged offense because the vehicle was stolen, the owner | 13 | | must provide the Department of State Police with a | 14 | | certified copy of a police report showing that the vehicle | 15 | | had been reported to the police as stolen at the time of | 16 | | the alleged violation. | 17 | | (3) if the owner fails to notify the Department of | 18 | | State Police, in writing, of the name, driver's license | 19 | | number, and address of the operator of the vehicle as | 20 | | identified in the photograph or recorded image from the | 21 | | automated traffic control system in use at the time of the | 22 | | alleged offense or provide the Department of State Police | 23 | | with a certified copy of a police report showing that the | 24 | | vehicle had been reported to the police as stolen prior to | 25 | | the time of the alleged violation, the Secretary of State | 26 | | may suspend the registration of the owner's vehicle in |
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| 1 | | accordance with Section 37. | 2 | | (f) If the registered owner of the vehicle was not the | 3 | | operator of the vehicle as identified in the photograph or | 4 | | recorded image from the automated traffic control system in use | 5 | | at the time of the alleged offense, and if the registered owner | 6 | | notifies the Department of State Police of the name, driver's | 7 | | license number, and address of the operator of the vehicle as | 8 | | identified in the photograph or recorded image from the | 9 | | automated traffic control system in use at the time of the | 10 | | alleged offense as required in subsection (e), the Department | 11 | | of State Police shall then issue a Uniform Traffic Citation to | 12 | | the person alleged by the registered owner to have been the | 13 | | operator of the vehicle as identified in the photograph or | 14 | | recorded image from the automated traffic control system in use | 15 | | at the time of the alleged offense. If the registered owner | 16 | | fails to notify the Department of State Police in writing of | 17 | | the name, driver's license number, and address of the operator | 18 | | of the vehicle as identified in the photograph or recorded | 19 | | image from the automated traffic control system in use at the | 20 | | time of the alleged offense, or if the information provided by | 21 | | the registered owner is incorrect or incomplete, the registered | 22 | | owner may be held accountable for the violation cited in | 23 | | accordance with Section 37. | 24 | | (g) A Uniform Traffic Citation issued under this Section | 25 | | shall be dismissed if the registered owner of the vehicle | 26 | | provides the Department of State Police with a certified copy |
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| 1 | | of a police report showing that the vehicle had been reported | 2 | | to the police as stolen at the time of the alleged violation. | 3 | | (h) If a person
charged with a traffic violation, as a | 4 | | result of an automated traffic control system, does not pay the | 5 | | fine or successfully contest the fine resulting from that | 6 | | violation, the Secretary of State shall suspend the
driving | 7 | | privileges of the
registered owner of the vehicle under Section | 8 | | 37 for failing
to pay any fine or penalty
due and owing, or | 9 | | both, as a result of 2 violations within 2 years of the | 10 | | automated traffic control system. | 11 | | (i) Based on inspection of recorded images produced by an
| 12 | | automated traffic law enforcement system, a notice alleging | 13 | | that the violation occurred shall be evidence of the facts | 14 | | contained
in the notice and admissible in any proceeding | 15 | | alleging a
violation under this Section. | 16 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 17 | | 94-814, eff. 1-1-07.) | 18 | | (625 ILCS 7/37 new) | 19 | | Sec. 37. Suspension of vehicle registration. | 20 | | Notwithstanding any other penalties that may be imposed, the | 21 | | Secretary of State may suspend the registration of any vehicle | 22 | | or the driving privileges of any driver that violates this Act | 23 | | if the registered owner or driver does not comply with this | 24 | | Act. |
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| 1 | | (625 ILCS 7/40)
| 2 | | Sec. 40. Admissibility of recorded images. Except as | 3 | | provided in Section 25 45 , any photograph or other recorded | 4 | | image evidencing a violation of Section 11-605.1 of the | 5 | | Illinois Vehicle Code is admissible in any proceeding resulting | 6 | | from the issuance of the
Uniform Traffic Citation. Photographs | 7 | | or recorded images made by an automatic traffic control system | 8 | | are confidential and shall be made available only to the | 9 | | defendant and to governmental or law enforcement agencies | 10 | | within the jurisdiction for the purposes of adjudicating a | 11 | | driving violation.
| 12 | | (Source: P.A. 93-947, eff. 8-19-04.) | 13 | | (625 ILCS 7/45)
| 14 | | Sec. 45. Corporation, association, business, or vehicle
| 15 | | Vehicle rental or leasing company's identification of a driver,
| 16 | | renter , or lessee. | 17 | | (a)
A Uniform Traffic Citation issued under this Act to a | 18 | | motor vehicle rental or leasing company shall be dismissed with | 19 | | respect to the corporation, association, business, rental or | 20 | | leasing company if: | 21 | | (1) the corporation, association, business, or company | 22 | | responds to the
Uniform Traffic
Citation by submitting, | 23 | | within 30 days of the mailing of the citation, an affidavit | 24 | | of non-liability stating that, at the time of the alleged | 25 | | speeding or other traffic violation, the vehicle was in the |
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| 1 | | custody and control of a renter or lessee under the terms | 2 | | of a rental agreement or lease; and | 3 | | (2) the corporation, association, business, or company | 4 | | provides the driver's license number, name, and address of | 5 | | the renter or lessee. | 6 | | (b)
A Uniform Traffic Citation dismissed with respect to a | 7 | | motor vehicle rental or leasing company in accordance with | 8 | | subsection (a) may then be issued and delivered by mail or | 9 | | other means to the renter or lessee identified in the | 10 | | photograph or recorded image from the automated traffic control | 11 | | system and by the affidavit of non-liability.
| 12 | | (c) The Department of State Police shall notify the | 13 | | Secretary of State if a corporation, association, business, or | 14 | | vehicle rental or leasing company fails to comply with this | 15 | | Section. The Secretary may suspend the vehicle registration or | 16 | | the fleet registration of any corporation, association, | 17 | | business, or vehicle rental or leasing company that fails to | 18 | | comply with this Section.
| 19 | | (Source: P.A. 93-947, eff. 8-19-04.) | 20 | | (625 ILCS 7/35 rep.) | 21 | | Section 15. The Automated Traffic Control Systems in | 22 | | Highway Construction or Maintenance Zones Act is amended by | 23 | | repealing Section 35. | 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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