Full Text of SB2103 97th General Assembly
SB2103sam004 97TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 2103
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2103, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Automated Traffic Control Systems in | 6 | | Highway Construction or Maintenance Zones Act is amended by | 7 | | changing Sections 15, 25, and 30 and by adding Sections 50 and | 8 | | 55 as follows: | 9 | | (625 ILCS 7/15)
| 10 | | Sec. 15. Definitions. As used in this Act: | 11 | | (a) "Automated traffic control system" means a | 12 | | photographic device, radar device, laser device, or other | 13 | | electrical or mechanical device or devices designed to record | 14 | | the speed of a vehicle and obtain a clear photograph or other | 15 | | recorded image of the vehicle, the vehicle operator, and the | 16 | | vehicle's registration plate while the driver is violating |
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| 1 | | Section 11-605.1 of the Illinois Vehicle Code. The photograph | 2 | | or other recorded image must also display the time, date, and | 3 | | location of the violation. A law enforcement officer is not | 4 | | required to be present or to witness the violation. The term | 5 | | "automated traffic control system" excludes an automated speed | 6 | | enforcement system as described in Section 50 of this Act. | 7 | | (b) "Construction or maintenance zone" means an area in | 8 | | which the Department of Transportation or the Illinois State | 9 | | Toll Highway Authority has determined that the preexisting | 10 | | established speed limit through a highway construction or | 11 | | maintenance project is greater than is reasonable or safe with
| 12 | | respect to the conditions expected to exist in the construction | 13 | | or maintenance
zone and has posted a lower speed limit with a | 14 | | highway construction or maintenance zone special speed limit | 15 | | sign in accordance with Section 11-605.1 of the Illinois | 16 | | Vehicle Code. | 17 | | (c) "Owner" means the person or entity to whom the vehicle | 18 | | is registered.
| 19 | | (Source: P.A. 93-947, eff. 8-19-04.) | 20 | | (625 ILCS 7/25)
| 21 | | Sec. 25. Limitations on the use of automated traffic | 22 | | enforcement systems. | 23 | | (a) The Department of State Police must conduct a public | 24 | | information campaign to inform drivers about the use of | 25 | | automated traffic
control systems in highway construction or |
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| 1 | | maintenance zones before establishing any of those systems. The | 2 | | information campaign must provide 30 days' notice of the use of | 3 | | a new automated traffic control system prior to the issuance of | 4 | | any citations through the automated traffic control system. The | 5 | | Department of State Police shall adopt rules for implementing | 6 | | this subsection (a). | 7 | | (b) Signs indicating that speeds are enforced by automated | 8 | | traffic control systems must be clearly posted in the areas | 9 | | where the systems are in use. The signs shall contain the | 10 | | amount of the fine for a violation. | 11 | | (c) Operation of automated traffic control systems is | 12 | | limited to areas where road construction or maintenance is | 13 | | occurring. | 14 | | (d) Photographs obtained in this manner may only be used as | 15 | | evidence in relation to a violation of Section 11-605.1 of the | 16 | | Illinois Vehicle Code for which the photograph is taken. The | 17 | | photographs are available only to the owner of the vehicle, the | 18 | | offender and the offender's attorney, the judiciary, the local | 19 | | State's Attorney, and law enforcement officials. | 20 | | (e) If the driver of the vehicle cannot be identified | 21 | | through the photograph, the owner is not liable for the fine, | 22 | | and the citation may not be counted against the driving record | 23 | | of the owner. If the driver can be identified, the driver is | 24 | | liable for the fine, and the violation is counted against his | 25 | | or her driving record.
| 26 | | (Source: P.A. 93-947, eff. 8-19-04.) |
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| 1 | | (625 ILCS 7/30)
| 2 | | Sec. 30. Requirements for issuance of a citation. | 3 | | (a) The vehicle, vehicle operator, vehicle registration | 4 | | plate, speed, date, time, and location must be clearly visible | 5 | | on the photograph or other recorded image of the alleged | 6 | | violation. | 7 | | (b) A Uniform Traffic Citation must be mailed or otherwise | 8 | | delivered to the registered owner of the vehicle. If mailed, | 9 | | the citation must be sent via certified mail within 14
business | 10 | | days of the alleged violation, return receipt requested. | 11 | | (c) The Uniform Traffic Citation must include: | 12 | | (1) the name and address of the vehicle owner; | 13 | | (2) the registration number of the vehicle; | 14 | | (3) the offense charged; | 15 | | (4) the time, date, and location of the violation; | 16 | | (5) the first available court date; and
| 17 | | (6) notice that the basis of the citation is the | 18 | | photograph or recorded image from the automated traffic | 19 | | control system ; and . | 20 | | (7) a copy of the recorded image or images. | 21 | | (d) The Uniform Traffic Citation issued to the violator | 22 | | must be accompanied by a written document that lists the | 23 | | violator's rights and obligations and explains how the violator | 24 | | can elect to proceed by either paying the fine or challenging | 25 | | the issuance of the Uniform Traffic Citation.
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| 1 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 2 | | 94-814, eff. 1-1-07.) | 3 | | (625 ILCS 7/50 new) | 4 | | Sec. 50. Automated speed enforcement systems. | 5 | | (a) Nothwithstanding any other provisions contained in | 6 | | this Act, the Department of Transportation may install an | 7 | | automated speed enforcement system within a highway | 8 | | construction or maintenance zone under its jurisdiction and | 9 | | impose civil penalties under this Section. Nothwithstanding | 10 | | any other provisions contained in this Act, the Illinois State | 11 | | Toll Highway Authority may install an automated speed | 12 | | enforcement system within a highway construction or | 13 | | maintenance zone under its jurisdiction and impose civil | 14 | | penalties under this Section. | 15 | | (b) As used in this Section: | 16 | | "Automated speed enforcement
system" means an unmanned | 17 | | photographic device, radar device, laser device, or other | 18 | | electrical or mechanical device or devices installed in a | 19 | | highway construction or maintenance zone designed to record the | 20 | | speed of a vehicle and obtain a clear photograph or other | 21 | | recorded image of the vehicle and the vehicle's registration | 22 | | plate while the driver is violating Section 11-605.1 of the | 23 | | Illinois Vehicle Code. The recorded image must also display the | 24 | | time, date, and location of the violation. A law enforcement | 25 | | officer is not required to be present or to witness the |
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| 1 | | violation. | 2 | | "Owner" means the person or entity to whom the vehicle is | 3 | | registered. | 4 | | "Recorded image" means images
recorded by an automated | 5 | | speed enforcement system on: | 6 | | (1) 2 or more photographs; | 7 | | (2) 2 or more microphotographs; | 8 | | (3) 2 or more electronic images; or | 9 | | (4) a video recording showing the motor vehicle and, on | 10 | | at
least one image or portion of the recording, clearly | 11 | | identifying the
registration plate number of the motor | 12 | | vehicle. | 13 | | (c) A body having jurisdiction over the highway | 14 | | construction or maintenance zone that
produces a recorded image | 15 | | of a motor vehicle's
violation of a provision of this Section | 16 | | must make the recorded images of a violation accessible to the | 17 | | alleged violator by providing the alleged violator with a | 18 | | website address, accessible through the Internet. | 19 | | (d) Notwithstanding any other consequence imposed for any | 20 | | similar violation of the Illinois Vehicle Code, the penalty for | 21 | | and consequence of a traffic violation recorded by an automated | 22 | | speed enforcement system is a civil fine of $150. Of the $150 | 23 | | fine, $50 shall be deposited into the Transportation Safety | 24 | | Highway Hire-back Fund. Unless the driver of the motor vehicle | 25 | | received a Uniform
Traffic Citation,
the motor vehicle owner is | 26 | | subject to the civil penalty under this subsection (c), plus an |
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| 1 | | additional penalty of not more than $150 for failure to pay the | 2 | | original penalty in a timely manner, if the motor vehicle is | 3 | | recorded by an automated speed
enforcement system. Of the | 4 | | additional penalty, $50 shall be deposited into the | 5 | | Transportation Safety Highway Hire-back Fund. A violation for | 6 | | which a civil penalty is imposed
under this Section is not a | 7 | | violation of a traffic regulation governing
the movement of | 8 | | vehicles and may not be recorded on the driving record
of the | 9 | | owner of the vehicle. | 10 | | (e) For each violation of a provision of this Section | 11 | | recorded by an automated speed enforcement system, the body | 12 | | having
jurisdiction shall issue a written notice of the
| 13 | | violation to the registered owner of the vehicle as the alleged
| 14 | | violator. The notice shall be delivered to the registered
owner | 15 | | of the vehicle, by mail, within 30 days after the Secretary of | 16 | | State notifies the body having jurisdiction of the identity of | 17 | | the owner of the vehicle, but in no event later than 90 days | 18 | | after the violation. | 19 | | (f) The notice shall include: | 20 | | (1) the name and address of the registered owner of the
| 21 | | vehicle; | 22 | | (2) the registration number of the motor vehicle
| 23 | | involved in the violation; | 24 | | (3) the violation charged; | 25 | | (4) the date, time, and location where the violation | 26 | | occurred; |
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| 1 | | (5) a copy of the recorded image or images; | 2 | | (6) the amount of the civil penalty imposed and the | 3 | | date
by which the civil penalty should be paid; | 4 | | (7) a statement that recorded images are evidence of a
| 5 | | violation of a speed restriction; | 6 | | (8) a statement that the person may elect to proceed | 7 | | by: | 8 | | (A) paying the fine; or | 9 | | (B) challenging the charge in court, by mail, or by | 10 | | administrative hearing; and | 11 | | (9) a website address, accessible through the
| 12 | | Internet, where the person may view the recorded images of | 13 | | the violation. | 14 | | (g) All determinations by a technician that
a motor vehicle | 15 | | was being operated in violation of Section
11-605.1 must be | 16 | | inspected
and approved by the Illinois State Police. | 17 | | (h) Based on inspection of recorded images produced by an
| 18 | | automated speed enforcement system, a notice alleging that the | 19 | | violation occurred shall be evidence of the facts contained
in | 20 | | the notice and admissible in any proceeding alleging a
| 21 | | violation under the Illinois Vehicle Code. | 22 | | (i) Recorded images made by an automated speed
enforcement | 23 | | system are confidential and shall be made
available only to the | 24 | | alleged violator and governmental and
law enforcement agencies | 25 | | for purposes of adjudicating a
violation of this Section, for | 26 | | statistical purposes, or for other governmental purposes. Any |
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| 1 | | recorded image evidencing a
violation of the Illinois Vehicle | 2 | | Code, however, may be admissible in
any proceeding resulting | 3 | | from the issuance of the citation. | 4 | | (j) The court or hearing officer may consider in defense of | 5 | | a violation: | 6 | | (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; | 10 | | (2) that the driver of the motor vehicle received a | 11 | | Uniform Traffic Citation for the same offence; and | 12 | | (3) any other evidence or issues provided by | 13 | | administrative rule. | 14 | | (k) To demonstrate that the motor vehicle or the | 15 | | registration
plates were stolen before the violation occurred | 16 | | and were not under the
control or possession of the owner at | 17 | | the time of the violation, the
owner must submit proof that a | 18 | | report concerning the stolen
motor vehicle or registration | 19 | | plates was filed with a law enforcement agency in a timely | 20 | | manner. | 21 | | (l) A road equipped with an automated speed enforcement | 22 | | system shall be posted with a sign that is visible to | 23 | | approaching traffic stating that vehicle speeds are being | 24 | | photo-enforced. | 25 | | (m) A road where a new automated speed enforcement system | 26 | | is installed shall be posted with signs providing 30 days |
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| 1 | | notice of the use of a new automated speed enforcement system | 2 | | prior to the issuance of any citations through the automated | 3 | | speed enforcement system. | 4 | | (n) The compensation paid for an automated speed | 5 | | enforcement system
must be based on the value of the equipment | 6 | | or the services provided and may
not be based on the number of | 7 | | traffic citations issued or the revenue generated
by the | 8 | | system. | 9 | | (o) The Illinois Department of Transportation shall adopt | 10 | | rules to implement the administrative adjudication of | 11 | | violations under this Section which take place within a highway | 12 | | construction or maintenance zone under its jurisdiction. The | 13 | | Illinois State Toll Highway Authority shall adopt rules to | 14 | | implement the administrative adjudication of violations under | 15 | | this Section which take place within a highway construction or | 16 | | maintenance zone under its jurisdiction. | 17 | | (p) This Section is repealed 2 years after the effective | 18 | | date of this amendatory Act of the 97th General Assembly. | 19 | | (625 ILCS 7/55 new) | 20 | | Sec. 55. Construction of Act. If any Section, sentence, | 21 | | clause, or part of this Act is for
any reason held to be | 22 | | unconstitutional, such decision shall not affect
the remaining | 23 | | portions of this Act. The General Assembly hereby declares
that | 24 | | it would have passed this Act, and each Section, sentence, | 25 | | clause,
or part thereof, irrespective of the fact that one or |
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| 1 | | more Sections,
sentences, clauses, or parts might be declared | 2 | | unconstitutional.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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