Full Text of HB4941 98th General Assembly
HB4941ham001 98TH GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 4/2/2014
| | 09800HB4941ham001 | | LRB098 16326 MLW 57698 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 4941
| 2 | | AMENDMENT NO. ______. Amend House Bill 4941 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Automated Traffic Law Enforcement Task Force Act. | 6 | | Section 5. Automated Traffic Law Enforcement Task Force.
| 7 | | (a) For purposes of this Act, an "automated traffic law | 8 | | enforcement system" includes automated traffic law enforcement | 9 | | systems as defined by Section 11-208.6 of the Illinois Vehicle | 10 | | Code and automated speed enforcement systems as defined by | 11 | | Section 11-208.8 of the Illinois Vehicle code.
| 12 | | (b) An Automated Traffic Law Enforcement Task Force shall | 13 | | be appointed to study the following:
| 14 | | (1) how automated traffic law enforcement systems are | 15 | | used to enforce traffic laws, including but not limited to | 16 | | methods of detecting violations, issuance of false |
| | | 09800HB4941ham001 | - 2 - | LRB098 16326 MLW 57698 a |
|
| 1 | | violations, and accuracy in measurement;
| 2 | | (2) procedures for adjudicating citations issued using | 3 | | automated traffic law enforcement systems, including but | 4 | | not limited to fines, the minimum and average amounts of | 5 | | time that pass from issuance of the citation to final | 6 | | decision, available defenses, and means of appealing | 7 | | decisions;
| 8 | | (3) the effectiveness of automated traffic law | 9 | | enforcement systems in reducing traffic law violations; | 10 | | and
| 11 | | (4) the financial impact of automated traffic law | 12 | | enforcement systems, including but not limited to | 13 | | construction, installation, maintenance, issuance and | 14 | | prosecution of citations, and revenue generated.
| 15 | | (c) The Task Force shall be composed of the following | 16 | | members:
| 17 | | (1) two members of the House of Representatives | 18 | | appointed by the Speaker of the House of Representatives;
| 19 | | (2) two members of the House of Representatives | 20 | | appointed by the Minority Leader of the House of | 21 | | Representatives;
| 22 | | (3) two members of the Senate appointed by the | 23 | | President of the Senate;
| 24 | | (4) two members of the Senate appointed by the Minority | 25 | | Leader of the Senate;
| 26 | | (5) the Director of State Police or his or her |
| | | 09800HB4941ham001 | - 3 - | LRB098 16326 MLW 57698 a |
|
| 1 | | representative;
| 2 | | (6) the Secretary of Transportation or his or her | 3 | | representative;
| 4 | | (7) the President of the Illinois Association of Chiefs | 5 | | of Police or his or her representative;
| 6 | | (8) the Executive Director of the Illinois Municipal | 7 | | League or his or her representative; and
| 8 | | (9) the Executive Director of the Township Officials of | 9 | | Illinois or his or her representative.
| 10 | | The members shall select a chairperson from among their | 11 | | membership.
| 12 | | (d) The Task Force shall meet within 60 days of the | 13 | | effective date of this Act. The failure of any person or | 14 | | organization to appoint a member under subsection (c) of this | 15 | | Section shall not prevent the task force from proceeding in | 16 | | that member's absence, provided a quorum is present. Staff | 17 | | support services may be provided to the Task Force by the | 18 | | Department of Transportation.
| 19 | | (e) The members of the Task Force shall serve without | 20 | | compensation. | 21 | | (f) The Task Force shall submit to the General Assembly a | 22 | | report of its findings and recommendations for legislative | 23 | | action no later than January 1, 2015.
| 24 | | Section 80. Repeal. This Act is repealed on January 1, | 25 | | 2015. |
| | | 09800HB4941ham001 | - 4 - | LRB098 16326 MLW 57698 a |
|
| 1 | | Section 900. The Illinois Vehicle Code is amended by | 2 | | changing Sections 11-208.6 and 11-208.8 as follows:
| 3 | | (625 ILCS 5/11-208.6)
| 4 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 5 | | (a) As used in this Section, "automated traffic law | 6 | | enforcement
system" means a device with one or more motor | 7 | | vehicle sensors working
in conjunction with a red light signal | 8 | | to produce recorded images of
motor vehicles entering an | 9 | | intersection against a red signal
indication in violation of | 10 | | Section 11-306 of this Code or a similar provision
of a local | 11 | | ordinance.
| 12 | | An
automated traffic law enforcement system is a system, in | 13 | | a municipality or
county operated by a
governmental agency, | 14 | | that
produces a recorded image of a motor vehicle's
violation | 15 | | of a provision of this Code or a local ordinance
and is | 16 | | designed to obtain a clear recorded image of the
vehicle and | 17 | | the vehicle's license plate. The recorded image must also
| 18 | | display the time, date, and location of the violation.
| 19 | | (b) As used in this Section, "recorded images" means images
| 20 | | recorded by an automated traffic law enforcement system on:
| 21 | | (1) 2 or more photographs;
| 22 | | (2) 2 or more microphotographs;
| 23 | | (3) 2 or more electronic images; or
| 24 | | (4) a video recording showing the motor vehicle and, on |
| | | 09800HB4941ham001 | - 5 - | LRB098 16326 MLW 57698 a |
|
| 1 | | at
least one image or portion of the recording, clearly | 2 | | identifying the
registration plate number of the motor | 3 | | vehicle.
| 4 | | (b-5) A municipality or
county that
produces a recorded | 5 | | image of a motor vehicle's
violation of a provision of this | 6 | | Code or a local ordinance must make the recorded images of a | 7 | | violation accessible to the alleged violator by providing the | 8 | | alleged violator with a website address, accessible through the | 9 | | Internet. | 10 | | (c) Except as provided under Section 11-208.8 of this Code, | 11 | | a county or municipality, including a home rule county or | 12 | | municipality, may not use an automated traffic law enforcement | 13 | | system to provide recorded images of a motor vehicle for the | 14 | | purpose of recording its speed. Except as provided under | 15 | | Section 11-208.8 of this Code, the regulation of the use of | 16 | | automated traffic law enforcement systems to record vehicle | 17 | | speeds is an exclusive power and function of the State. This | 18 | | subsection (c) is a denial and limitation of home rule powers | 19 | | and functions under subsection (h) of Section 6 of Article VII | 20 | | of the Illinois Constitution.
| 21 | | (c-5) A county or municipality, including a home rule | 22 | | county or municipality, may not use an automated traffic law | 23 | | enforcement system to issue violations in instances where the | 24 | | motor vehicle comes to a complete stop and does not enter the | 25 | | intersection, as defined by Section 1-132 of this Code, during | 26 | | the cycle of the red signal indication unless one or more |
| | | 09800HB4941ham001 | - 6 - | LRB098 16326 MLW 57698 a |
|
| 1 | | pedestrians or bicyclists are present, even if the motor | 2 | | vehicle stops at a point past a stop line or crosswalk where a | 3 | | driver is required to stop, as specified in subsection (c) of | 4 | | Section 11-306 of this Code or a similar provision of a local | 5 | | ordinance. | 6 | | (c-6) A county, or a municipality with less than 2,000,000 | 7 | | inhabitants, including a home rule county or municipality, may | 8 | | not use an automated traffic law enforcement system to issue | 9 | | violations in instances where a motorcyclist enters an | 10 | | intersection against a red signal
indication when the red | 11 | | signal fails to change to a green signal within a reasonable | 12 | | period of time not less than 120 seconds because of a signal | 13 | | malfunction or because the signal has failed to detect the | 14 | | arrival of the motorcycle due to the motorcycle's size or | 15 | | weight. | 16 | | (d) For each violation of a provision of this Code or a | 17 | | local ordinance
recorded by an automatic
traffic law | 18 | | enforcement system, the county or municipality having
| 19 | | jurisdiction shall issue a written notice of the
violation to | 20 | | the registered owner of the vehicle as the alleged
violator. | 21 | | The notice shall be delivered to the registered
owner of the | 22 | | vehicle, by mail, within 30 days after the Secretary of State | 23 | | notifies the municipality or county of the identity of the | 24 | | owner of the vehicle, but in no event later than 90 days after | 25 | | the violation.
| 26 | | The notice shall include:
|
| | | 09800HB4941ham001 | - 7 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (1) the name and address of the registered owner of the
| 2 | | vehicle;
| 3 | | (2) the registration number of the motor vehicle
| 4 | | involved in the violation;
| 5 | | (3) the violation charged;
| 6 | | (4) the location where the violation occurred;
| 7 | | (5) the date and time of the violation;
| 8 | | (6) a copy of the recorded images;
| 9 | | (7) the amount of the civil penalty imposed and the | 10 | | requirements of any traffic education program imposed and | 11 | | the date
by which the civil penalty should be paid and the | 12 | | traffic education program should be completed;
| 13 | | (8) a statement that recorded images are evidence of a
| 14 | | violation of a red light signal;
| 15 | | (9) a warning that failure to pay the civil penalty, to | 16 | | complete a required traffic education program, or to
| 17 | | contest liability in a timely manner is an admission of
| 18 | | liability and may result in a suspension of the driving
| 19 | | privileges of the registered owner of the vehicle;
| 20 | | (10) a statement that the person may elect to proceed | 21 | | by:
| 22 | | (A) paying the fine, completing a required traffic | 23 | | education program, or both; or
| 24 | | (B) challenging the charge in court, by mail, or by | 25 | | administrative hearing; and
| 26 | | (11) a website address, accessible through the |
| | | 09800HB4941ham001 | - 8 - | LRB098 16326 MLW 57698 a |
|
| 1 | | Internet, where the person may view the recorded images of | 2 | | the violation. | 3 | | (e) If a person
charged with a traffic violation, as a | 4 | | result of an automated traffic law
enforcement system, does not | 5 | | pay the fine or complete a required traffic education program, | 6 | | or both, or successfully contest the civil
penalty resulting | 7 | | from that violation, the Secretary of State shall suspend the
| 8 | | driving privileges of the
registered owner of the vehicle under | 9 | | Section 6-306.5 of this Code for failing
to complete a required | 10 | | traffic education program or to pay any fine or penalty
due and | 11 | | owing, or both, as a result of a combination of 5 violations of | 12 | | the automated traffic law
enforcement system or the automated | 13 | | speed enforcement system under Section 11-208.8 of this Code.
| 14 | | (f) Based on inspection of recorded images produced by an
| 15 | | automated traffic law enforcement system, a notice alleging | 16 | | that the violation occurred shall be evidence of the facts | 17 | | contained
in the notice and admissible in any proceeding | 18 | | alleging a
violation under this Section.
| 19 | | (g) Recorded images made by an automatic traffic law
| 20 | | enforcement system are confidential and shall be made
available | 21 | | only to the alleged violator and governmental and
law | 22 | | enforcement agencies for purposes of adjudicating a
violation | 23 | | of this Section, for statistical purposes, or for other | 24 | | governmental purposes. Any recorded image evidencing a
| 25 | | violation of this Section, however, may be admissible in
any | 26 | | proceeding resulting from the issuance of the citation.
|
| | | 09800HB4941ham001 | - 9 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (h) The court or hearing officer may consider in defense of | 2 | | a violation:
| 3 | | (1) that the motor vehicle or registration plates of | 4 | | the motor
vehicle were stolen before the violation occurred | 5 | | and not
under the control of or in the possession of the | 6 | | owner at
the time of the violation;
| 7 | | (2) that the driver of the vehicle passed through the
| 8 | | intersection when the light was red either (i) in order to
| 9 | | yield the right-of-way to an emergency vehicle or (ii) as
| 10 | | part of a funeral procession; and
| 11 | | (3) any other evidence or issues provided by municipal | 12 | | or county ordinance.
| 13 | | (i) To demonstrate that the motor vehicle or the | 14 | | registration
plates were stolen before the violation occurred | 15 | | and were not under the
control or possession of the owner at | 16 | | the time of the violation, the
owner must submit proof that a | 17 | | report concerning the stolen
motor vehicle or registration | 18 | | plates was filed with a law enforcement agency in a timely | 19 | | manner.
| 20 | | (j) Unless the driver of the motor vehicle received a | 21 | | Uniform
Traffic Citation from a police officer at the time of | 22 | | the violation,
the motor vehicle owner is subject to a civil | 23 | | penalty not exceeding
$100 or the completion of a traffic | 24 | | education program, or both, plus an additional penalty of not | 25 | | more than $100 for failure to pay the original penalty or to | 26 | | complete a required traffic education program, or both, in a |
| | | 09800HB4941ham001 | - 10 - | LRB098 16326 MLW 57698 a |
|
| 1 | | timely manner, if the motor vehicle is recorded by an automated | 2 | | traffic law
enforcement system. A violation for which a civil | 3 | | penalty is imposed
under this Section is not a violation of a | 4 | | traffic regulation governing
the movement of vehicles and may | 5 | | not be recorded on the driving record
of the owner of the | 6 | | vehicle.
| 7 | | (j-3) A registered owner who is a holder of a valid | 8 | | commercial driver's license is not required to complete a | 9 | | traffic education program. | 10 | | (j-5) For purposes of the required traffic education | 11 | | program only, a registered owner may submit an affidavit to the | 12 | | court or hearing officer swearing that at the time of the | 13 | | alleged violation, the vehicle was in the custody and control | 14 | | of another person. The affidavit must identify the person in | 15 | | custody and control of the vehicle, including the person's name | 16 | | and current address. The person in custody and control of the | 17 | | vehicle at the time of the violation is required to complete | 18 | | the required traffic education program. If the person in | 19 | | custody and control of the vehicle at the time of the violation | 20 | | completes the required traffic education program, the | 21 | | registered owner of the vehicle is not required to complete a | 22 | | traffic education program. | 23 | | (k) An intersection equipped with an automated traffic law
| 24 | | enforcement system must be posted with a sign visible to | 25 | | approaching traffic
indicating that the intersection is being | 26 | | monitored by an automated
traffic law enforcement system. |
| | | 09800HB4941ham001 | - 11 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (k-3) A municipality or
county that has one or more | 2 | | intersections equipped with an automated traffic law
| 3 | | enforcement system must provide notice to drivers by posting | 4 | | the locations of automated traffic law systems on the | 5 | | municipality or county website.
| 6 | | (k-5) An intersection equipped with an automated traffic | 7 | | law
enforcement system must have a yellow change interval that | 8 | | conforms with the Illinois Manual on Uniform Traffic Control | 9 | | Devices (IMUTCD) published by the Illinois Department of | 10 | | Transportation. | 11 | | (k-7) A municipality or county operating an automated | 12 | | traffic law enforcement system shall conduct a statistical | 13 | | analysis to assess the safety impact of each automated traffic | 14 | | law enforcement system at an intersection following | 15 | | installation of the system. The statistical analysis shall be | 16 | | based upon the best available crash, traffic, and other data, | 17 | | and shall cover a period of time before and after installation | 18 | | of the system sufficient to provide a statistically valid | 19 | | comparison of safety impact. The statistical analysis shall be | 20 | | consistent with professional judgment and acceptable industry | 21 | | practice. The statistical analysis also shall be consistent | 22 | | with the data required for valid comparisons of before and | 23 | | after conditions and shall be conducted within a reasonable | 24 | | period following the installation of the automated traffic law | 25 | | enforcement system. The statistical analysis required by this | 26 | | subsection (k-7) shall be made available to the public and |
| | | 09800HB4941ham001 | - 12 - | LRB098 16326 MLW 57698 a |
|
| 1 | | shall be published on the website of the municipality or | 2 | | county. If the statistical analysis for the 36 month period | 3 | | following installation of the system indicates that there has | 4 | | been an increase in the rate of accidents at the approach to | 5 | | the intersection monitored by the system, the municipality or | 6 | | county shall undertake additional studies to determine the | 7 | | cause and severity of the accidents, and may take any action | 8 | | that it determines is necessary or appropriate to reduce the | 9 | | number or severity of the accidents at that intersection. | 10 | | (l) The compensation paid for an automated traffic law | 11 | | enforcement system
must be based on the value of the equipment | 12 | | or the services provided and may
not be based on the number of | 13 | | traffic citations issued or the revenue generated
by the | 14 | | system.
| 15 | | (m) This Section applies only to the counties of Cook, | 16 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 17 | | to municipalities located within those counties.
| 18 | | (n) The fee for participating in a traffic education | 19 | | program under this Section shall not exceed $25. | 20 | | A low-income individual required to complete a traffic | 21 | | education program under this Section who provides proof of | 22 | | eligibility for the federal earned income tax credit under | 23 | | Section 32 of the Internal Revenue Code or the Illinois earned | 24 | | income tax credit under Section 212 of the Illinois Income Tax | 25 | | Act shall not be required to pay any fee for participating in a | 26 | | required traffic education program. |
| | | 09800HB4941ham001 | - 13 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (o) A municipality or county shall make a certified report | 2 | | to the Secretary of State pursuant to Section 6-306.5 of this | 3 | | Code whenever a registered owner of a vehicle has failed to pay | 4 | | any
fine or penalty due and owing as a result of a combination | 5 | | of 5 offenses for automated traffic
law or speed enforcement | 6 | | system violations. | 7 | | (p) No person who is the lessor of a motor vehicle pursuant | 8 | | to a written lease agreement shall be liable for an automated | 9 | | speed or traffic law enforcement system violation involving | 10 | | such motor vehicle during the period of the lease; provided | 11 | | that upon the request of the appropriate authority received | 12 | | within 120 days after the violation occurred, the lessor | 13 | | provides within 60 days after such receipt the name and address | 14 | | of the lessee. The drivers license number of a lessee may be | 15 | | subsequently individually requested by the appropriate | 16 | | authority if needed for enforcement of this Section. | 17 | | Upon the provision of information by the lessor pursuant to | 18 | | this subsection, the county or municipality may issue the | 19 | | violation to the lessee of the vehicle in the same manner as it | 20 | | would issue a violation to a registered owner of a vehicle | 21 | | pursuant to this Section, and the lessee may be held liable for | 22 | | the violation. | 23 | | (q) This Section, other than this subsection (q), is | 24 | | inoperative on the effective date of this amendatory Act of the | 25 | | 98th General Assembly and shall remain inoperative until | 26 | | January 1, 2015. |
| | | 09800HB4941ham001 | - 14 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, | 2 | | eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.) | 3 | | (625 ILCS 5/11-208.8) | 4 | | Sec. 11-208.8. Automated speed enforcement systems in | 5 | | safety zones. | 6 | | (a) As used in this Section: | 7 | | "Automated speed enforcement
system" means a photographic | 8 | | device, radar device, laser device, or other electrical or | 9 | | mechanical device or devices installed or utilized in a safety | 10 | | zone and designed to record the speed of a vehicle and obtain a | 11 | | clear photograph or other recorded image of the vehicle and the | 12 | | vehicle's registration plate while the driver is violating | 13 | | Article VI of Chapter 11 of this Code or a similar provision of | 14 | | a local ordinance. | 15 | | An automated speed enforcement system is a system, located | 16 | | in a safety zone which is under the jurisdiction of a | 17 | | municipality, that produces a recorded image of a motor | 18 | | vehicle's violation of a provision of this Code or a local | 19 | | ordinance and is designed to obtain a clear recorded image of | 20 | | the vehicle and the vehicle's license plate. The recorded image | 21 | | must also display the time, date, and location of the | 22 | | violation. | 23 | | "Owner" means the person or entity to whom the vehicle is | 24 | | registered. | 25 | | "Recorded image" means images
recorded by an automated |
| | | 09800HB4941ham001 | - 15 - | LRB098 16326 MLW 57698 a |
|
| 1 | | speed enforcement system on: | 2 | | (1) 2 or more photographs; | 3 | | (2) 2 or more microphotographs; | 4 | | (3) 2 or more electronic images; or | 5 | | (4) a video recording showing the motor vehicle and, on | 6 | | at
least one image or portion of the recording, clearly | 7 | | identifying the
registration plate number of the motor | 8 | | vehicle. | 9 | | "Safety zone" means an area that is within one-eighth of a | 10 | | mile from the nearest property line of any public or private | 11 | | elementary or secondary school, or from the nearest property | 12 | | line of any facility, area, or land owned by a school district | 13 | | that is used for educational purposes approved by the Illinois | 14 | | State Board of Education, not including school district | 15 | | headquarters or administrative buildings. A safety zone also | 16 | | includes an area that is within one-eighth of a mile from the | 17 | | nearest property line of any facility, area, or land owned by a | 18 | | park district used for recreational purposes. However, if any | 19 | | portion of a roadway is within either one-eighth mile radius, | 20 | | the safety zone also shall include the roadway extended to the | 21 | | furthest portion of the next furthest intersection. The term | 22 | | "safety zone" does not include any portion of the roadway known | 23 | | as Lake Shore Drive or any controlled access highway with 8 or | 24 | | more lanes of traffic. | 25 | | (a-5) The automated speed enforcement system shall be | 26 | | operational and violations shall be recorded only at the |
| | | 09800HB4941ham001 | - 16 - | LRB098 16326 MLW 57698 a |
|
| 1 | | following times: | 2 | | (i) if the safety zone is based upon the property line | 3 | | of any facility, area, or land owned by a school district, | 4 | | only on school days and no earlier than 6 a.m. and no later | 5 | | than 8:30 p.m. if the school day is during the period of | 6 | | Monday through Thursday, or 9 p.m. if the school day is a | 7 | | Friday; and | 8 | | (ii) if the safety zone is based upon the property line | 9 | | of any facility, area, or land owned by a park district, no | 10 | | earlier than one hour prior to the time that the facility, | 11 | | area, or land is open to the public or other patrons, and | 12 | | no later than one hour after the facility, area, or land is | 13 | | closed to the public or other patrons. | 14 | | (b) A municipality that
produces a recorded image of a | 15 | | motor vehicle's
violation of a provision of this Code or a | 16 | | local ordinance must make the recorded images of a violation | 17 | | accessible to the alleged violator by providing the alleged | 18 | | violator with a website address, accessible through the | 19 | | Internet. | 20 | | (c) Notwithstanding any penalties for any other violations | 21 | | of this Code, the owner of a motor vehicle used in a traffic | 22 | | violation recorded by an automated speed enforcement system | 23 | | shall be subject to the following penalties: | 24 | | (1) if the recorded speed is no less than 6 miles per | 25 | | hour and no more than 10 miles per hour over the legal | 26 | | speed limit, a civil penalty not exceeding $50, plus an |
| | | 09800HB4941ham001 | - 17 - | LRB098 16326 MLW 57698 a |
|
| 1 | | additional penalty of not more than $50 for failure to pay | 2 | | the original penalty in a timely manner; or | 3 | | (2) if the recorded speed is more than 10 miles per | 4 | | hour over the legal speed limit, a civil penalty not | 5 | | exceeding $100, plus an additional penalty of not more than | 6 | | $100 for failure to pay the original penalty in a timely | 7 | | manner. | 8 | | A penalty may not be imposed under this Section if the | 9 | | driver of the motor vehicle received a Uniform Traffic Citation | 10 | | from a police officer for a speeding violation occurring within | 11 | | one-eighth of a mile and 15 minutes of the violation that was | 12 | | recorded by the system. A violation for which a civil penalty | 13 | | is imposed
under this Section is not a violation of a traffic | 14 | | regulation governing
the movement of vehicles and may not be | 15 | | recorded on the driving record
of the owner of the vehicle. A | 16 | | law enforcement officer is not required to be present or to | 17 | | witness the violation. No penalty may be imposed under this | 18 | | Section if the recorded speed of a vehicle is 5 miles per hour | 19 | | or less over the legal speed limit. The municipality may send, | 20 | | in the same manner that notices are sent under this Section, a | 21 | | speed violation warning notice where the violation involves a | 22 | | speed of 5 miles per hour or less above the legal speed limit. | 23 | | (d) The net proceeds that a municipality receives from | 24 | | civil penalties imposed under an automated speed enforcement | 25 | | system, after deducting all non-personnel and personnel costs | 26 | | associated with the operation and maintenance of such system, |
| | | 09800HB4941ham001 | - 18 - | LRB098 16326 MLW 57698 a |
|
| 1 | | shall be expended or obligated by the municipality for the | 2 | | following purposes: | 3 | | (i) public safety initiatives to ensure safe passage | 4 | | around schools, and to provide police protection and | 5 | | surveillance around schools and parks, including but not | 6 | | limited to:
(1) personnel costs; and
(2) non-personnel | 7 | | costs such as construction and maintenance of public safety | 8 | | infrastructure and equipment; | 9 | | (ii) initiatives to improve pedestrian and traffic | 10 | | safety; | 11 | | (iii) construction and maintenance of infrastructure | 12 | | within the municipality, including but not limited to roads | 13 | | and bridges; and | 14 | | (iv) after school programs. | 15 | | (e) For each violation of a provision of this Code or a | 16 | | local ordinance
recorded by an automated speed enforcement | 17 | | system, the municipality having
jurisdiction shall issue a | 18 | | written notice of the
violation to the registered owner of the | 19 | | vehicle as the alleged
violator. The notice shall be delivered | 20 | | to the registered
owner of the vehicle, by mail, within 30 days | 21 | | after the Secretary of State notifies the municipality of the | 22 | | identity of the owner of the vehicle, but in no event later | 23 | | than 90 days after the violation. | 24 | | (f) The notice required under subsection (e) of this | 25 | | Section shall include: | 26 | | (1) the name and address of the registered owner of the
|
| | | 09800HB4941ham001 | - 19 - | LRB098 16326 MLW 57698 a |
|
| 1 | | vehicle; | 2 | | (2) the registration number of the motor vehicle
| 3 | | involved in the violation; | 4 | | (3) the violation charged; | 5 | | (4) the date, time, and location where the violation | 6 | | occurred; | 7 | | (5) a copy of the recorded image or images; | 8 | | (6) the amount of the civil penalty imposed and the | 9 | | date
by which the civil penalty should be paid; | 10 | | (7) a statement that recorded images are evidence of a
| 11 | | violation of a speed restriction; | 12 | | (8) a warning that failure to pay the civil penalty or | 13 | | to
contest liability in a timely manner is an admission of
| 14 | | liability and may result in a suspension of the driving
| 15 | | privileges of the registered owner of the vehicle; | 16 | | (9) a statement that the person may elect to proceed | 17 | | by: | 18 | | (A) paying the fine; or | 19 | | (B) challenging the charge in court, by mail, or by | 20 | | administrative hearing; and | 21 | | (10) a website address, accessible through the
| 22 | | Internet, where the person may view the recorded images of | 23 | | the violation. | 24 | | (g) If a person
charged with a traffic violation, as a | 25 | | result of an automated speed enforcement system, does not pay | 26 | | the fine or successfully contest the civil
penalty resulting |
| | | 09800HB4941ham001 | - 20 - | LRB098 16326 MLW 57698 a |
|
| 1 | | from that violation, the Secretary of State shall suspend the
| 2 | | driving privileges of the
registered owner of the vehicle under | 3 | | Section 6-306.5 of this Code for failing
to pay any fine or | 4 | | penalty
due and owing, or both, as a result of a combination of | 5 | | 5 violations of the automated speed enforcement system or the | 6 | | automated traffic law under Section 11-208.6 of this Code. | 7 | | (h) Based on inspection of recorded images produced by an
| 8 | | automated speed enforcement system, a notice alleging that the | 9 | | violation occurred shall be evidence of the facts contained
in | 10 | | the notice and admissible in any proceeding alleging a
| 11 | | violation under this Section. | 12 | | (i) Recorded images made by an automated speed
enforcement | 13 | | system are confidential and shall be made
available only to the | 14 | | alleged violator and governmental and
law enforcement agencies | 15 | | for purposes of adjudicating a
violation of this Section, for | 16 | | statistical purposes, or for other governmental purposes. Any | 17 | | recorded image evidencing a
violation of this Section, however, | 18 | | may be admissible in
any proceeding resulting from the issuance | 19 | | of the citation. | 20 | | (j) The court or hearing officer may consider in defense of | 21 | | a violation: | 22 | | (1) that the motor vehicle or registration plates of | 23 | | the motor
vehicle were stolen before the violation occurred | 24 | | and not
under the control or in the possession of the owner | 25 | | at
the time of the violation; | 26 | | (2) that the driver of the motor vehicle received a |
| | | 09800HB4941ham001 | - 21 - | LRB098 16326 MLW 57698 a |
|
| 1 | | Uniform Traffic Citation from a police officer for a | 2 | | speeding violation occurring within one-eighth of a mile | 3 | | and 15 minutes of the violation that was recorded by the | 4 | | system; and | 5 | | (3) any other evidence or issues provided by municipal | 6 | | ordinance. | 7 | | (k) To demonstrate that the motor vehicle or the | 8 | | registration
plates were stolen before the violation occurred | 9 | | and were not under the
control or possession of the owner at | 10 | | the time of the violation, the
owner must submit proof that a | 11 | | report concerning the stolen
motor vehicle or registration | 12 | | plates was filed with a law enforcement agency in a timely | 13 | | manner. | 14 | | (l) A roadway equipped with an automated speed enforcement | 15 | | system shall be posted with a sign conforming to the national | 16 | | Manual on Uniform Traffic Control Devices that is visible to | 17 | | approaching traffic stating that vehicle speeds are being | 18 | | photo-enforced and indicating the speed limit. The | 19 | | municipality shall install such additional signage as it | 20 | | determines is necessary to give reasonable notice to drivers as | 21 | | to where automated speed enforcement systems are installed. | 22 | | (m) A roadway where a new automated speed enforcement | 23 | | system is installed shall be posted with signs providing 30 | 24 | | days notice of the use of a new automated speed enforcement | 25 | | system prior to the issuance of any citations through the | 26 | | automated speed enforcement system. |
| | | 09800HB4941ham001 | - 22 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (n) The compensation paid for an automated speed | 2 | | enforcement system
must be based on the value of the equipment | 3 | | or the services provided and may
not be based on the number of | 4 | | traffic citations issued or the revenue generated
by the | 5 | | system. | 6 | | (o) A municipality shall make a certified report to the | 7 | | Secretary of State pursuant to Section 6-306.5 of this Code | 8 | | whenever a registered owner of a vehicle has failed to pay any
| 9 | | fine or penalty due and owing as a result of a combination of 5 | 10 | | offenses for automated speed or traffic law enforcement system | 11 | | violations. | 12 | | (p) No person who is the lessor of a motor vehicle pursuant | 13 | | to a written lease agreement shall be liable for an automated | 14 | | speed or traffic law enforcement system violation involving | 15 | | such motor vehicle during the period of the lease; provided | 16 | | that upon the request of the appropriate authority received | 17 | | within 120 days after the violation occurred, the lessor | 18 | | provides within 60 days after such receipt the name and address | 19 | | of the lessee. The drivers license number of a lessee may be | 20 | | subsequently individually requested by the appropriate | 21 | | authority if needed for enforcement of this Section. | 22 | | Upon the provision of information by the lessor pursuant to | 23 | | this subsection, the municipality may issue the violation to | 24 | | the lessee of the vehicle in the same manner as it would issue | 25 | | a violation to a registered owner of a vehicle pursuant to this | 26 | | Section, and the lessee may be held liable for the violation. |
| | | 09800HB4941ham001 | - 23 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (q) A municipality using an automated speed enforcement | 2 | | system must provide notice to drivers by publishing the | 3 | | locations of all safety zones where system equipment is | 4 | | installed on the website of the municipality. | 5 | | (r) A municipality operating an automated speed | 6 | | enforcement system shall conduct a statistical analysis to | 7 | | assess the safety impact of the system. The statistical | 8 | | analysis shall be based upon the best available crash, traffic, | 9 | | and other data, and shall cover a period of time before and | 10 | | after installation of the system sufficient to provide a | 11 | | statistically valid comparison of safety impact. The | 12 | | statistical analysis shall be consistent with professional | 13 | | judgment and acceptable industry practice. The statistical | 14 | | analysis also shall be consistent with the data required for | 15 | | valid comparisons of before and after conditions and shall be | 16 | | conducted within a reasonable period following the | 17 | | installation of the automated traffic law enforcement system. | 18 | | The statistical analysis required by this subsection shall be | 19 | | made available to the public and shall be published on the | 20 | | website of the municipality. | 21 | | (s) This Section applies only to municipalities with a | 22 | | population of 1,000,000 or more inhabitants.
| 23 | | (t) This Section, other than this subsection (t), is | 24 | | inoperative on the effective date of this amendatory Act of the | 25 | | 98th General Assembly and shall remain inoperative until | 26 | | January 1, 2015. |
| | | 09800HB4941ham001 | - 24 - | LRB098 16326 MLW 57698 a |
|
| 1 | | (Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463, | 2 | | eff. 8-16-13.)
| 3 | | Section 999. Effective date. This Act takes effect upon | 4 | | becoming law.".
|
|