Illinois General Assembly - Full Text of HB3772
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Full Text of HB3772  102nd General Assembly

HB3772sam001 102ND GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/5/2022

 

 


 

 


 
10200HB3772sam001LRB102 15143 NLB 38455 a

1
AMENDMENT TO HOUSE BILL 3772

2    AMENDMENT NO. ______. Amend House Bill 3772 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 11-208.3, 11-208.6, 11-208.7, 11-208.8,
611-208.9, and 11-1201.1 as follows:
 
7    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
8    Sec. 11-208.3. Administrative adjudication of violations
9of traffic regulations concerning the standing, parking, or
10condition of vehicles, automated traffic law violations, and
11automated speed enforcement system violations.
12    (a) Any municipality or county may provide by ordinance
13for a system of administrative adjudication of vehicular
14standing and parking violations and vehicle compliance
15violations as described in this subsection, automated traffic
16law violations as defined in Section 11-208.6, 11-208.9, or

 

 

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111-1201.1, and automated speed enforcement system violations
2as defined in Section 11-208.8. The administrative system
3shall have as its purpose the fair and efficient enforcement
4of municipal or county regulations through the administrative
5adjudication of automated speed enforcement system or
6automated traffic law violations and violations of municipal
7or county ordinances regulating the standing and parking of
8vehicles, the condition and use of vehicle equipment, and the
9display of municipal or county wheel tax licenses within the
10municipality's or county's borders. The administrative system
11shall only have authority to adjudicate civil offenses
12carrying fines not in excess of $500 or requiring the
13completion of a traffic education program, or both, that occur
14after the effective date of the ordinance adopting such a
15system under this Section. For purposes of this Section,
16"compliance violation" means a violation of a municipal or
17county regulation governing the condition or use of equipment
18on a vehicle or governing the display of a municipal or county
19wheel tax license.
20    (b) Any ordinance establishing a system of administrative
21adjudication under this Section shall provide for:
22        (1) A traffic compliance administrator authorized to
23    adopt, distribute, and process parking, compliance, and
24    automated speed enforcement system or automated traffic
25    law violation notices and other notices required by this
26    Section, collect money paid as fines and penalties for

 

 

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1    violation of parking and compliance ordinances and
2    automated speed enforcement system or automated traffic
3    law violations, and operate an administrative adjudication
4    system.
5        (2) A parking, standing, compliance, automated speed
6    enforcement system, or automated traffic law violation
7    notice that shall specify or include the date, time, and
8    place of violation of a parking, standing, compliance,
9    automated speed enforcement system, or automated traffic
10    law regulation; the particular regulation violated; any
11    requirement to complete a traffic education program; the
12    fine and any penalty that may be assessed for late payment
13    or failure to complete a required traffic education
14    program, or both, when so provided by ordinance; the
15    vehicle make or a photograph of the vehicle; the state
16    registration number of the vehicle; and the identification
17    number of the person issuing the notice. With regard to
18    automated speed enforcement system or automated traffic
19    law violations, vehicle make shall be specified on the
20    automated speed enforcement system or automated traffic
21    law violation notice if the notice does not include a
22    photograph of the vehicle and the make is available and
23    readily discernible. With regard to municipalities or
24    counties with a population of 1 million or more, it shall
25    be grounds for dismissal of a parking violation if the
26    state registration number or vehicle make specified is

 

 

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1    incorrect. The violation notice shall state that the
2    completion of any required traffic education program, the
3    payment of any indicated fine, and the payment of any
4    applicable penalty for late payment or failure to complete
5    a required traffic education program, or both, shall
6    operate as a final disposition of the violation. The
7    notice also shall contain information as to the
8    availability of a hearing in which the violation may be
9    contested on its merits. The violation notice shall
10    specify the time and manner in which a hearing may be had.
11        (3) Service of a parking, standing, or compliance
12    violation notice by: (i) affixing the original or a
13    facsimile of the notice to an unlawfully parked or
14    standing vehicle; (ii) handing the notice to the operator
15    of a vehicle if he or she is present; or (iii) mailing the
16    notice to the address of the registered owner or lessee of
17    the cited vehicle as recorded with the Secretary of State
18    or the lessor of the motor vehicle within 30 days after the
19    Secretary of State or the lessor of the motor vehicle
20    notifies the municipality or county of the identity of the
21    owner or lessee of the vehicle, but not later than 90 days
22    after the date of the violation, except that in the case of
23    a lessee of a motor vehicle, service of a parking,
24    standing, or compliance violation notice may occur no
25    later than 210 days after the violation; and service of an
26    automated speed enforcement system or automated traffic

 

 

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1    law violation notice by mail to the address of the
2    registered owner or lessee of the cited vehicle as
3    recorded with the Secretary of State or the lessor of the
4    motor vehicle within 30 days after the Secretary of State
5    or the lessor of the motor vehicle notifies the
6    municipality or county of the identity of the owner or
7    lessee of the vehicle, but not later than 90 days after the
8    violation, except that in the case of a lessee of a motor
9    vehicle, service of an automated traffic law violation
10    notice may occur no later than 210 days after the
11    violation. A person authorized by ordinance to issue and
12    serve parking, standing, and compliance violation notices
13    shall certify as to the correctness of the facts entered
14    on the violation notice by signing his or her name to the
15    notice at the time of service or, in the case of a notice
16    produced by a computerized device, by signing a single
17    certificate to be kept by the traffic compliance
18    administrator attesting to the correctness of all notices
19    produced by the device while it was under his or her
20    control. In the case of an automated traffic law
21    violation, the ordinance shall require a determination by
22    a technician employed or contracted by the municipality or
23    county that, based on inspection of recorded images, the
24    motor vehicle was being operated in violation of Section
25    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
26    the technician determines that the vehicle entered the

 

 

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1    intersection as part of a funeral procession or in order
2    to yield the right-of-way to an emergency vehicle, a
3    citation shall not be issued. In municipalities with a
4    population of less than 1,000,000 inhabitants and counties
5    with a population of less than 3,000,000 inhabitants, the
6    automated traffic law ordinance shall require that all
7    determinations by a technician that a motor vehicle was
8    being operated in violation of Section 11-208.6, 11-208.9,
9    or 11-1201.1 or a local ordinance must be reviewed and
10    approved by a law enforcement officer or retired law
11    enforcement officer of the municipality or county issuing
12    the violation. In municipalities with a population of
13    1,000,000 or more inhabitants and counties with a
14    population of 3,000,000 or more inhabitants, the automated
15    traffic law ordinance shall require that all
16    determinations by a technician that a motor vehicle was
17    being operated in violation of Section 11-208.6, 11-208.9,
18    or 11-1201.1 or a local ordinance must be reviewed and
19    approved by a law enforcement officer or retired law
20    enforcement officer of the municipality or county issuing
21    the violation or by an additional fully trained reviewing
22    technician who is not employed by the contractor who
23    employs the technician who made the initial determination.
24    In the case of an automated speed enforcement system
25    violation, the ordinance shall require a determination by
26    a technician employed by the municipality, based upon an

 

 

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1    inspection of recorded images, video or other
2    documentation, including documentation of the speed limit
3    and automated speed enforcement signage, and documentation
4    of the inspection, calibration, and certification of the
5    speed equipment, that the vehicle was being operated in
6    violation of Article VI of Chapter 11 of this Code or a
7    similar local ordinance. If the technician determines that
8    the vehicle speed was not determined by a calibrated,
9    certified speed equipment device based upon the speed
10    equipment documentation, or if the vehicle was an
11    emergency vehicle, a citation may not be issued. The
12    automated speed enforcement ordinance shall require that
13    all determinations by a technician that a violation
14    occurred be reviewed and approved by a law enforcement
15    officer or retired law enforcement officer of the
16    municipality issuing the violation or by an additional
17    fully trained reviewing technician who is not employed by
18    the contractor who employs the technician who made the
19    initial determination. Routine and independent calibration
20    of the speeds produced by automated speed enforcement
21    systems and equipment shall be conducted annually by a
22    qualified technician. Speeds produced by an automated
23    speed enforcement system shall be compared with speeds
24    produced by lidar or other independent equipment. Radar or
25    lidar equipment shall undergo an internal validation test
26    no less frequently than once each week. Qualified

 

 

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1    technicians shall test loop-based equipment no less
2    frequently than once a year. Radar equipment shall be
3    checked for accuracy by a qualified technician when the
4    unit is serviced, when unusual or suspect readings
5    persist, or when deemed necessary by a reviewing
6    technician. Radar equipment shall be checked with the
7    internal frequency generator and the internal circuit test
8    whenever the radar is turned on. Technicians must be alert
9    for any unusual or suspect readings, and if unusual or
10    suspect readings of a radar unit persist, that unit shall
11    immediately be removed from service and not returned to
12    service until it has been checked by a qualified
13    technician and determined to be functioning properly.
14    Documentation of the annual calibration results, including
15    the equipment tested, test date, technician performing the
16    test, and test results, shall be maintained and available
17    for use in the determination of an automated speed
18    enforcement system violation and issuance of a citation.
19    The technician performing the calibration and testing of
20    the automated speed enforcement equipment shall be trained
21    and certified in the use of equipment for speed
22    enforcement purposes. Training on the speed enforcement
23    equipment may be conducted by law enforcement, civilian,
24    or manufacturer's personnel and if applicable may be
25    equivalent to the equipment use and operations training
26    included in the Speed Measuring Device Operator Program

 

 

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1    developed by the National Highway Traffic Safety
2    Administration (NHTSA). The vendor or technician who
3    performs the work shall keep accurate records on each
4    piece of equipment the technician calibrates and tests. As
5    used in this paragraph, "fully trained reviewing
6    technician" means a person who has received at least 40
7    hours of supervised training in subjects which shall
8    include image inspection and interpretation, the elements
9    necessary to prove a violation, license plate
10    identification, and traffic safety and management. In all
11    municipalities and counties, the automated speed
12    enforcement system or automated traffic law ordinance
13    shall require that no additional fee shall be charged to
14    the alleged violator for exercising his or her right to an
15    administrative hearing, and persons shall be given at
16    least 25 days following an administrative hearing to pay
17    any civil penalty imposed by a finding that Section
18    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
19    local ordinance has been violated. The original or a
20    facsimile of the violation notice or, in the case of a
21    notice produced by a computerized device, a printed record
22    generated by the device showing the facts entered on the
23    notice, shall be retained by the traffic compliance
24    administrator, and shall be a record kept in the ordinary
25    course of business. A parking, standing, compliance,
26    automated speed enforcement system, or automated traffic

 

 

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1    law violation notice issued, signed, and served in
2    accordance with this Section, a copy of the notice, or the
3    computer-generated record shall be prima facie correct and
4    shall be prima facie evidence of the correctness of the
5    facts shown on the notice. The notice, copy, or
6    computer-generated record shall be admissible in any
7    subsequent administrative or legal proceedings.
8        (4) An opportunity for a hearing for the registered
9    owner of the vehicle cited in the parking, standing,
10    compliance, automated speed enforcement system, or
11    automated traffic law violation notice in which the owner
12    may contest the merits of the alleged violation, and
13    during which formal or technical rules of evidence shall
14    not apply; provided, however, that under Section 11-1306
15    of this Code the lessee of a vehicle cited in the violation
16    notice likewise shall be provided an opportunity for a
17    hearing of the same kind afforded the registered owner.
18    The hearings shall be recorded, and the person conducting
19    the hearing on behalf of the traffic compliance
20    administrator shall be empowered to administer oaths and
21    to secure by subpoena both the attendance and testimony of
22    witnesses and the production of relevant books and papers.
23    Persons appearing at a hearing under this Section may be
24    represented by counsel at their expense. The ordinance may
25    also provide for internal administrative review following
26    the decision of the hearing officer.

 

 

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1        (5) Service of additional notices, sent by first class
2    United States mail, postage prepaid, to the address of the
3    registered owner of the cited vehicle as recorded with the
4    Secretary of State or, if any notice to that address is
5    returned as undeliverable, to the last known address
6    recorded in a United States Post Office approved database,
7    or, under Section 11-1306 or subsection (p) of Section
8    11-208.6 or 11-208.9, or subsection (p) of Section
9    11-208.8 of this Code, to the lessee of the cited vehicle
10    at the last address known to the lessor of the cited
11    vehicle at the time of lease or, if any notice to that
12    address is returned as undeliverable, to the last known
13    address recorded in a United States Post Office approved
14    database. The service shall be deemed complete as of the
15    date of deposit in the United States mail. The notices
16    shall be in the following sequence and shall include, but
17    not be limited to, the information specified herein:
18            (i) A second notice of parking, standing, or
19        compliance violation if the first notice of the
20        violation was issued by affixing the original or a
21        facsimile of the notice to the unlawfully parked
22        vehicle or by handing the notice to the operator. This
23        notice shall specify or include the date and location
24        of the violation cited in the parking, standing, or
25        compliance violation notice, the particular regulation
26        violated, the vehicle make or a photograph of the

 

 

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1        vehicle, the state registration number of the vehicle,
2        any requirement to complete a traffic education
3        program, the fine and any penalty that may be assessed
4        for late payment or failure to complete a traffic
5        education program, or both, when so provided by
6        ordinance, the availability of a hearing in which the
7        violation may be contested on its merits, and the time
8        and manner in which the hearing may be had. The notice
9        of violation shall also state that failure to complete
10        a required traffic education program, to pay the
11        indicated fine and any applicable penalty, or to
12        appear at a hearing on the merits in the time and
13        manner specified, will result in a final determination
14        of violation liability for the cited violation in the
15        amount of the fine or penalty indicated, and that,
16        upon the occurrence of a final determination of
17        violation liability for the failure, and the
18        exhaustion of, or failure to exhaust, available
19        administrative or judicial procedures for review, any
20        incomplete traffic education program or any unpaid
21        fine or penalty, or both, will constitute a debt due
22        and owing the municipality or county.
23            (ii) A notice of final determination of parking,
24        standing, compliance, automated speed enforcement
25        system, or automated traffic law violation liability.
26        This notice shall be sent following a final

 

 

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1        determination of parking, standing, compliance,
2        automated speed enforcement system, or automated
3        traffic law violation liability and the conclusion of
4        judicial review procedures taken under this Section.
5        The notice shall state that the incomplete traffic
6        education program or the unpaid fine or penalty, or
7        both, is a debt due and owing the municipality or
8        county. The notice shall contain warnings that failure
9        to complete any required traffic education program or
10        to pay any fine or penalty due and owing the
11        municipality or county, or both, within the time
12        specified may result in the municipality's or county's
13        filing of a petition in the Circuit Court to have the
14        incomplete traffic education program or unpaid fine or
15        penalty, or both, rendered a judgment as provided by
16        this Section, or, where applicable, may result in
17        suspension of the person's driver's license for
18        failure to complete a traffic education program.
19        (6) A notice of impending driver's license suspension.
20    This notice shall be sent to the person liable for failure
21    to complete a required traffic education program. The
22    notice shall state that failure to complete a required
23    traffic education program within 45 days of the notice's
24    date will result in the municipality or county notifying
25    the Secretary of State that the person is eligible for
26    initiation of suspension proceedings under Section 6-306.5

 

 

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1    of this Code. The notice shall also state that the person
2    may obtain a photostatic copy of an original ticket
3    imposing a fine or penalty by sending a self-addressed,
4    stamped envelope to the municipality or county along with
5    a request for the photostatic copy. The notice of
6    impending driver's license suspension shall be sent by
7    first class United States mail, postage prepaid, to the
8    address recorded with the Secretary of State or, if any
9    notice to that address is returned as undeliverable, to
10    the last known address recorded in a United States Post
11    Office approved database.
12        (7) Final determinations of violation liability. A
13    final determination of violation liability shall occur
14    following failure to complete the required traffic
15    education program or to pay the fine or penalty, or both,
16    after a hearing officer's determination of violation
17    liability and the exhaustion of or failure to exhaust any
18    administrative review procedures provided by ordinance.
19    Where a person fails to appear at a hearing to contest the
20    alleged violation in the time and manner specified in a
21    prior mailed notice, the hearing officer's determination
22    of violation liability shall become final: (A) upon denial
23    of a timely petition to set aside that determination, or
24    (B) upon expiration of the period for filing the petition
25    without a filing having been made.
26        (8) A petition to set aside a determination of

 

 

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1    parking, standing, compliance, automated speed enforcement
2    system, or automated traffic law violation liability that
3    may be filed by a person owing an unpaid fine or penalty. A
4    petition to set aside a determination of liability may
5    also be filed by a person required to complete a traffic
6    education program. The petition shall be filed with and
7    ruled upon by the traffic compliance administrator in the
8    manner and within the time specified by ordinance. The
9    grounds for the petition may be limited to: (A) the person
10    not having been the owner or lessee of the cited vehicle on
11    the date the violation notice was issued, (B) the person
12    having already completed the required traffic education
13    program or paid the fine or penalty, or both, for the
14    violation in question, and (C) excusable failure to appear
15    at or request a new date for a hearing. With regard to
16    municipalities or counties with a population of 1 million
17    or more, it shall be grounds for dismissal of a parking
18    violation if the state registration number or vehicle
19    make, only if specified in the violation notice, is
20    incorrect. After the determination of parking, standing,
21    compliance, automated speed enforcement system, or
22    automated traffic law violation liability has been set
23    aside upon a showing of just cause, the registered owner
24    shall be provided with a hearing on the merits for that
25    violation.
26        (9) Procedures for non-residents. Procedures by which

 

 

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1    persons who are not residents of the municipality or
2    county may contest the merits of the alleged violation
3    without attending a hearing.
4        (10) A schedule of civil fines for violations of
5    vehicular standing, parking, compliance, automated speed
6    enforcement system, or automated traffic law regulations
7    enacted by ordinance pursuant to this Section, and a
8    schedule of penalties for late payment of the fines or
9    failure to complete required traffic education programs,
10    provided, however, that the total amount of the fine and
11    penalty for any one violation shall not exceed $250,
12    except as provided in subsection (c) of Section 11-1301.3
13    of this Code.
14        (11) Other provisions as are necessary and proper to
15    carry into effect the powers granted and purposes stated
16    in this Section.
17    (c) Any municipality or county establishing vehicular
18standing, parking, compliance, automated speed enforcement
19system, or automated traffic law regulations under this
20Section may also provide by ordinance for a program of vehicle
21immobilization for the purpose of facilitating enforcement of
22those regulations. The program of vehicle immobilization shall
23provide for immobilizing any eligible vehicle upon the public
24way by presence of a restraint in a manner to prevent operation
25of the vehicle. Any ordinance establishing a program of
26vehicle immobilization under this Section shall provide:

 

 

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1        (1) Criteria for the designation of vehicles eligible
2    for immobilization. A vehicle shall be eligible for
3    immobilization when the registered owner of the vehicle
4    has accumulated the number of incomplete traffic education
5    programs or unpaid final determinations of parking,
6    standing, compliance, automated speed enforcement system,
7    or automated traffic law violation liability, or both, as
8    determined by ordinance.
9        (2) A notice of impending vehicle immobilization and a
10    right to a hearing to challenge the validity of the notice
11    by disproving liability for the incomplete traffic
12    education programs or unpaid final determinations of
13    parking, standing, compliance, automated speed enforcement
14    system, or automated traffic law violation liability, or
15    both, listed on the notice.
16        (3) The right to a prompt hearing after a vehicle has
17    been immobilized or subsequently towed without the
18    completion of the required traffic education program or
19    payment of the outstanding fines and penalties on parking,
20    standing, compliance, automated speed enforcement system,
21    or automated traffic law violations, or both, for which
22    final determinations have been issued. An order issued
23    after the hearing is a final administrative decision
24    within the meaning of Section 3-101 of the Code of Civil
25    Procedure.
26        (4) A post immobilization and post-towing notice

 

 

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1    advising the registered owner of the vehicle of the right
2    to a hearing to challenge the validity of the impoundment.
3    (d) Judicial review of final determinations of parking,
4standing, compliance, automated speed enforcement system, or
5automated traffic law violations and final administrative
6decisions issued after hearings regarding vehicle
7immobilization and impoundment made under this Section shall
8be subject to the provisions of the Administrative Review Law.
9    (e) Any fine, penalty, incomplete traffic education
10program, or part of any fine or any penalty remaining unpaid
11after the exhaustion of, or the failure to exhaust,
12administrative remedies created under this Section and the
13conclusion of any judicial review procedures shall be a debt
14due and owing the municipality or county and, as such, may be
15collected in accordance with applicable law. Completion of any
16required traffic education program and payment in full of any
17fine or penalty resulting from a standing, parking,
18compliance, automated speed enforcement system, or automated
19traffic law violation shall constitute a final disposition of
20that violation.
21    (f) After the expiration of the period within which
22judicial review may be sought for a final determination of
23parking, standing, compliance, automated speed enforcement
24system, or automated traffic law violation, the municipality
25or county may commence a proceeding in the Circuit Court for
26purposes of obtaining a judgment on the final determination of

 

 

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1violation. Nothing in this Section shall prevent a
2municipality or county from consolidating multiple final
3determinations of parking, standing, compliance, automated
4speed enforcement system, or automated traffic law violations
5against a person in a proceeding. Upon commencement of the
6action, the municipality or county shall file a certified copy
7or record of the final determination of parking, standing,
8compliance, automated speed enforcement system, or automated
9traffic law violation, which shall be accompanied by a
10certification that recites facts sufficient to show that the
11final determination of violation was issued in accordance with
12this Section and the applicable municipal or county ordinance.
13Service of the summons and a copy of the petition may be by any
14method provided by Section 2-203 of the Code of Civil
15Procedure or by certified mail, return receipt requested,
16provided that the total amount of fines and penalties for
17final determinations of parking, standing, compliance,
18automated speed enforcement system, or automated traffic law
19violations does not exceed $2500. If the court is satisfied
20that the final determination of parking, standing, compliance,
21automated speed enforcement system, or automated traffic law
22violation was entered in accordance with the requirements of
23this Section and the applicable municipal or county ordinance,
24and that the registered owner or the lessee, as the case may
25be, had an opportunity for an administrative hearing and for
26judicial review as provided in this Section, the court shall

 

 

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1render judgment in favor of the municipality or county and
2against the registered owner or the lessee for the amount
3indicated in the final determination of parking, standing,
4compliance, automated speed enforcement system, or automated
5traffic law violation, plus costs. The judgment shall have the
6same effect and may be enforced in the same manner as other
7judgments for the recovery of money.
8    (g) The fee for participating in a traffic education
9program under this Section shall not exceed $25.
10    A low-income individual required to complete a traffic
11education program under this Section who provides proof of
12eligibility for the federal earned income tax credit under
13Section 32 of the Internal Revenue Code or the Illinois earned
14income tax credit under Section 212 of the Illinois Income Tax
15Act shall not be required to pay any fee for participating in a
16required traffic education program.
17    (h) Notwithstanding any other provision of law to the
18contrary, a person shall not be liable for violations, fees,
19fines, or penalties under this Section during the period in
20which the motor vehicle was stolen or hijacked, as indicated
21in a report to the appropriate law enforcement agency filed in
22a timely manner.
23(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
24101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
 
25    (625 ILCS 5/11-208.6)

 

 

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1    Sec. 11-208.6. Automated traffic law enforcement system.
2    (a) As used in this Section, "automated traffic law
3enforcement system" means a device with one or more motor
4vehicle sensors working in conjunction with a red light signal
5to produce recorded images of motor vehicles entering an
6intersection against a red signal indication in violation of
7Section 11-306 of this Code or a similar provision of a local
8ordinance.
9    An automated traffic law enforcement system is a system,
10in a municipality or county operated by a governmental agency,
11that produces a recorded image of a motor vehicle's violation
12of a provision of this Code or a local ordinance and is
13designed to obtain a clear recorded image of the vehicle and
14the vehicle's license plate. The recorded image must also
15display the time, date, and location of the violation.
16    (b) As used in this Section, "recorded images" means
17images recorded by an automated traffic law enforcement system
18on:
19        (1) 2 or more photographs;
20        (2) 2 or more microphotographs;
21        (3) 2 or more electronic images; or
22        (4) a video recording showing the motor vehicle and,
23    on at least one image or portion of the recording, clearly
24    identifying the registration plate or digital registration
25    plate number of the motor vehicle.
26    (b-5) A municipality or county that produces a recorded

 

 

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1image of a motor vehicle's violation of a provision of this
2Code or a local ordinance must make the recorded images of a
3violation accessible to the alleged violator by providing the
4alleged violator with a website address, accessible through
5the Internet.
6    (c) Except as provided under Section 11-208.8 of this
7Code, a county or municipality, including a home rule county
8or municipality, may not use an automated traffic law
9enforcement system to provide recorded images of a motor
10vehicle for the purpose of recording its speed. Except as
11provided under Section 11-208.8 of this Code, the regulation
12of the use of automated traffic law enforcement systems to
13record vehicle speeds is an exclusive power and function of
14the State. This subsection (c) is a denial and limitation of
15home rule powers and functions under subsection (h) of Section
166 of Article VII of the Illinois Constitution.
17    (c-5) A county or municipality, including a home rule
18county or municipality, may not use an automated traffic law
19enforcement system to issue violations in instances where the
20motor vehicle comes to a complete stop and does not enter the
21intersection, as defined by Section 1-132 of this Code, during
22the cycle of the red signal indication unless one or more
23pedestrians or bicyclists are present, even if the motor
24vehicle stops at a point past a stop line or crosswalk where a
25driver is required to stop, as specified in subsection (c) of
26Section 11-306 of this Code or a similar provision of a local

 

 

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1ordinance.
2    (c-6) A county, or a municipality with less than 2,000,000
3inhabitants, including a home rule county or municipality, may
4not use an automated traffic law enforcement system to issue
5violations in instances where a motorcyclist enters an
6intersection against a red signal indication when the red
7signal fails to change to a green signal within a reasonable
8period of time not less than 120 seconds because of a signal
9malfunction or because the signal has failed to detect the
10arrival of the motorcycle due to the motorcycle's size or
11weight.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automatic traffic law
14enforcement system, the county or municipality having
15jurisdiction shall issue a written notice of the violation to
16the registered owner of the vehicle as the alleged violator.
17The notice shall be delivered to the registered owner of the
18vehicle, by mail, within 30 days after the Secretary of State
19notifies the municipality or county of the identity of the
20owner of the vehicle, but in no event later than 90 days after
21the violation.
22    The notice shall include:
23        (1) the name and address of the registered owner of
24    the vehicle;
25        (2) the registration number of the motor vehicle
26    involved in the violation;

 

 

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1        (3) the violation charged;
2        (4) the location where the violation occurred;
3        (5) the date and time of the violation;
4        (6) a copy of the recorded images;
5        (7) the amount of the civil penalty imposed and the
6    requirements of any traffic education program imposed and
7    the date by which the civil penalty should be paid and the
8    traffic education program should be completed;
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,
12    to complete a required traffic education program, or to
13    contest liability in a timely manner is an admission of
14    liability;
15        (10) a statement that the person may elect to proceed
16    by:
17            (A) paying the fine, completing a required traffic
18        education program, or both; or
19            (B) challenging the charge in court, by mail, or
20        by administrative hearing; and
21        (11) a website address, accessible through the
22    Internet, where the person may view the recorded images of
23    the violation.
24    (e) (Blank).
25    (f) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging

 

 

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1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (g) Recorded images made by an automatic traffic law
5enforcement system are confidential and shall be made
6available only to the alleged violator and governmental and
7law enforcement agencies for purposes of adjudicating a
8violation of this Section, for statistical purposes, or for
9other governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (h) The court or hearing officer may consider in defense
13of a violation:
14        (1) that the motor vehicle or registration plates or
15    digital registration plates of the motor vehicle were
16    stolen before the violation occurred and not under the
17    control of or in the possession of the owner or lessee at
18    the time of the violation;
19        (1.5) that the motor vehicle was hijacked before the
20    violation occurred and not under the control of or in the
21    possession of the owner or lessee at the time of the
22    violation;
23        (2) that the driver of the vehicle passed through the
24    intersection when the light was red either (i) in order to
25    yield the right-of-way to an emergency vehicle or (ii) as
26    part of a funeral procession; and

 

 

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1        (3) any other evidence or issues provided by municipal
2    or county ordinance.
3    (i) To demonstrate that the motor vehicle was hijacked or
4the motor vehicle or registration plates or digital
5registration plates were stolen before the violation occurred
6and were not under the control or possession of the owner or
7lessee at the time of the violation, the owner or lessee must
8submit proof that a report concerning the stolen motor vehicle
9or registration plates was filed with a law enforcement agency
10in a timely manner.
11    (j) Unless the driver of the motor vehicle received a
12Uniform Traffic Citation from a police officer at the time of
13the violation, the motor vehicle owner is subject to a civil
14penalty not exceeding $100 or the completion of a traffic
15education program, or both, plus an additional penalty of not
16more than $100 for failure to pay the original penalty or to
17complete a required traffic education program, or both, in a
18timely manner, if the motor vehicle is recorded by an
19automated traffic law enforcement system. A violation for
20which a civil penalty is imposed under this Section is not a
21violation of a traffic regulation governing the movement of
22vehicles and may not be recorded on the driving record of the
23owner of the vehicle.
24    (j-3) A registered owner who is a holder of a valid
25commercial driver's license is not required to complete a
26traffic education program.

 

 

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1    (j-5) For purposes of the required traffic education
2program only, a registered owner may submit an affidavit to
3the court or hearing officer swearing that at the time of the
4alleged violation, the vehicle was in the custody and control
5of another person. The affidavit must identify the person in
6custody and control of the vehicle, including the person's
7name and current address. The person in custody and control of
8the vehicle at the time of the violation is required to
9complete the required traffic education program. If the person
10in custody and control of the vehicle at the time of the
11violation completes the required traffic education program,
12the registered owner of the vehicle is not required to
13complete a traffic education program.
14    (k) An intersection equipped with an automated traffic law
15enforcement system must be posted with a sign visible to
16approaching traffic indicating that the intersection is being
17monitored by an automated traffic law enforcement system.
18    (k-3) A municipality or county that has one or more
19intersections equipped with an automated traffic law
20enforcement system must provide notice to drivers by posting
21the locations of automated traffic law systems on the
22municipality or county website.
23    (k-5) An intersection equipped with an automated traffic
24law enforcement system must have a yellow change interval that
25conforms with the Illinois Manual on Uniform Traffic Control
26Devices (IMUTCD) published by the Illinois Department of

 

 

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1Transportation.
2    (k-7) A municipality or county operating an automated
3traffic law enforcement system shall conduct a statistical
4analysis to assess the safety impact of each automated traffic
5law enforcement system at an intersection following
6installation of the system. The statistical analysis shall be
7based upon the best available crash, traffic, and other data,
8and shall cover a period of time before and after installation
9of the system sufficient to provide a statistically valid
10comparison of safety impact. The statistical analysis shall be
11consistent with professional judgment and acceptable industry
12practice. The statistical analysis also shall be consistent
13with the data required for valid comparisons of before and
14after conditions and shall be conducted within a reasonable
15period following the installation of the automated traffic law
16enforcement system. The statistical analysis required by this
17subsection (k-7) shall be made available to the public and
18shall be published on the website of the municipality or
19county. If the statistical analysis for the 36 month period
20following installation of the system indicates that there has
21been an increase in the rate of accidents at the approach to
22the intersection monitored by the system, the municipality or
23county shall undertake additional studies to determine the
24cause and severity of the accidents, and may take any action
25that it determines is necessary or appropriate to reduce the
26number or severity of the accidents at that intersection.

 

 

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1    (l) The compensation paid for an automated traffic law
2enforcement system must be based on the value of the equipment
3or the services provided and may not be based on the number of
4traffic citations issued or the revenue generated by the
5system.
6    (m) This Section applies only to the counties of Cook,
7DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
8to municipalities located within those counties.
9    (n) The fee for participating in a traffic education
10program under this Section shall not exceed $25.
11    A low-income individual required to complete a traffic
12education program under this Section who provides proof of
13eligibility for the federal earned income tax credit under
14Section 32 of the Internal Revenue Code or the Illinois earned
15income tax credit under Section 212 of the Illinois Income Tax
16Act shall not be required to pay any fee for participating in a
17required traffic education program.
18    (o) (Blank).
19    (p) No person who is the lessor of a motor vehicle pursuant
20to a written lease agreement shall be liable for an automated
21speed or traffic law enforcement system violation involving
22such motor vehicle during the period of the lease; provided
23that upon the request of the appropriate authority received
24within 120 days after the violation occurred, the lessor
25provides within 60 days after such receipt the name and
26address of the lessee.

 

 

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1    Upon the provision of information by the lessor pursuant
2to this subsection, the county or municipality may issue the
3violation to the lessee of the vehicle in the same manner as it
4would issue a violation to a registered owner of a vehicle
5pursuant to this Section, and the lessee may be held liable for
6the violation.
7(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
8    (625 ILCS 5/11-208.7)
9    Sec. 11-208.7. Administrative fees and procedures for
10impounding vehicles for specified violations.
11    (a) Any county or municipality may, consistent with this
12Section, provide by ordinance procedures for the release of
13properly impounded vehicles and for the imposition of a
14reasonable administrative fee related to its administrative
15and processing costs associated with the investigation,
16arrest, and detention of an offender, or the removal,
17impoundment, storage, and release of the vehicle. The
18administrative fee imposed by the county or municipality may
19be in addition to any fees charged for the towing and storage
20of an impounded vehicle. The administrative fee shall be
21waived by the county or municipality upon verifiable proof
22that the vehicle was stolen or hijacked at the time the vehicle
23was impounded.
24    (b) An ordinance establishing procedures for the release
25of properly impounded vehicles under this Section may impose

 

 

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1fees only for the following violations:
2        (1) operation or use of a motor vehicle in the
3    commission of, or in the attempt to commit, an offense for
4    which a motor vehicle may be seized and forfeited pursuant
5    to Section 36-1 of the Criminal Code of 2012; or
6        (2) driving under the influence of alcohol, another
7    drug or drugs, an intoxicating compound or compounds, or
8    any combination thereof, in violation of Section 11-501 of
9    this Code; or
10        (3) operation or use of a motor vehicle in the
11    commission of, or in the attempt to commit, a felony or in
12    violation of the Cannabis Control Act; or
13        (4) operation or use of a motor vehicle in the
14    commission of, or in the attempt to commit, an offense in
15    violation of the Illinois Controlled Substances Act; or
16        (5) operation or use of a motor vehicle in the
17    commission of, or in the attempt to commit, an offense in
18    violation of Section 24-1, 24-1.5, or 24-3.1 of the
19    Criminal Code of 1961 or the Criminal Code of 2012; or
20        (6) driving while a driver's license, permit, or
21    privilege to operate a motor vehicle is suspended or
22    revoked pursuant to Section 6-303 of this Code; except
23    that vehicles shall not be subjected to seizure or
24    impoundment if the suspension is for an unpaid citation
25    (parking or moving) or due to failure to comply with
26    emission testing; or

 

 

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1        (7) operation or use of a motor vehicle while
2    soliciting, possessing, or attempting to solicit or
3    possess cannabis or a controlled substance, as defined by
4    the Cannabis Control Act or the Illinois Controlled
5    Substances Act; or
6        (8) operation or use of a motor vehicle with an
7    expired driver's license, in violation of Section 6-101 of
8    this Code, if the period of expiration is greater than one
9    year; or
10        (9) operation or use of a motor vehicle without ever
11    having been issued a driver's license or permit, in
12    violation of Section 6-101 of this Code, or operating a
13    motor vehicle without ever having been issued a driver's
14    license or permit due to a person's age; or
15        (10) operation or use of a motor vehicle by a person
16    against whom a warrant has been issued by a circuit clerk
17    in Illinois for failing to answer charges that the driver
18    violated Section 6-101, 6-303, or 11-501 of this Code; or
19        (11) operation or use of a motor vehicle in the
20    commission of, or in the attempt to commit, an offense in
21    violation of Article 16 or 16A of the Criminal Code of 1961
22    or the Criminal Code of 2012; or
23        (12) operation or use of a motor vehicle in the
24    commission of, or in the attempt to commit, any other
25    misdemeanor or felony offense in violation of the Criminal
26    Code of 1961 or the Criminal Code of 2012, when so provided

 

 

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1    by local ordinance; or
2        (13) operation or use of a motor vehicle in violation
3    of Section 11-503 of this Code:
4            (A) while the vehicle is part of a funeral
5        procession; or
6            (B) in a manner that interferes with a funeral
7        procession.
8    (c) The following shall apply to any fees imposed for
9administrative and processing costs pursuant to subsection
10(b):
11        (1) All administrative fees and towing and storage
12    charges shall be imposed on the registered owner of the
13    motor vehicle or the agents of that owner.
14        (1.5) No administrative fees or towing or storage
15    charges shall be imposed on the registered owner or the
16    agents of that owner if the motor vehicle was stolen or
17    hijacked at the time the vehicle was impounded. To
18    demonstrate that the motor vehicle was hijacked or stolen
19    at the time the vehicle was impounded, the owner or the
20    agents of the owner must submit proof that a report
21    concerning the motor vehicle was filed with a law
22    enforcement agency in a timely manner.
23        (2) The fees shall be in addition to (i) any other
24    penalties that may be assessed by a court of law for the
25    underlying violations; and (ii) any towing or storage
26    fees, or both, charged by the towing company.

 

 

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1        (3) The fees shall be uniform for all similarly
2    situated vehicles.
3        (4) The fees shall be collected by and paid to the
4    county or municipality imposing the fees.
5        (5) The towing or storage fees, or both, shall be
6    collected by and paid to the person, firm, or entity that
7    tows and stores the impounded vehicle.
8    (d) Any ordinance establishing procedures for the release
9of properly impounded vehicles under this Section shall
10provide for an opportunity for a hearing, as provided in
11subdivision (b)(4) of Section 11-208.3 of this Code, and for
12the release of the vehicle to the owner of record, lessee, or a
13lienholder of record upon payment of all administrative fees
14and towing and storage fees.
15    (e) Any ordinance establishing procedures for the
16impoundment and release of vehicles under this Section shall
17include the following provisions concerning notice of
18impoundment:
19        (1) Whenever a police officer has cause to believe
20    that a motor vehicle is subject to impoundment, the
21    officer shall provide for the towing of the vehicle to a
22    facility authorized by the county or municipality.
23        (2) At the time the vehicle is towed, the county or
24    municipality shall notify or make a reasonable attempt to
25    notify the owner, lessee, or person identifying himself or
26    herself as the owner or lessee of the vehicle, or any

 

 

10200HB3772sam001- 35 -LRB102 15143 NLB 38455 a

1    person who is found to be in control of the vehicle at the
2    time of the alleged offense, of the fact of the seizure,
3    and of the vehicle owner's or lessee's right to an
4    administrative hearing.
5        (3) The county or municipality shall also provide
6    notice that the motor vehicle will remain impounded
7    pending the completion of an administrative hearing,
8    unless the owner or lessee of the vehicle or a lienholder
9    posts with the county or municipality a bond equal to the
10    administrative fee as provided by ordinance and pays for
11    all towing and storage charges.
12    (f) Any ordinance establishing procedures for the
13impoundment and release of vehicles under this Section shall
14include a provision providing that the registered owner or
15lessee of the vehicle and any lienholder of record shall be
16provided with a notice of hearing. The notice shall:
17        (1) be served upon the owner, lessee, and any
18    lienholder of record either by personal service or by
19    first class mail to the interested party's address as
20    registered with the Secretary of State;
21        (2) be served upon interested parties within 10 days
22    after a vehicle is impounded by the municipality; and
23        (3) contain the date, time, and location of the
24    administrative hearing. An initial hearing shall be
25    scheduled and convened no later than 45 days after the
26    date of the mailing of the notice of hearing.

 

 

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1    (g) In addition to the requirements contained in
2subdivision (b)(4) of Section 11-208.3 of this Code relating
3to administrative hearings, any ordinance providing for the
4impoundment and release of vehicles under this Section shall
5include the following requirements concerning administrative
6hearings:
7        (1) administrative hearings shall be conducted by a
8    hearing officer who is an attorney licensed to practice
9    law in this State for a minimum of 3 years;
10        (1.5) the hearing officer shall consider as a defense
11    to the vehicle impoundment that the motor vehicle was
12    stolen or hijacked at the time the vehicle was impounded;
13    to demonstrate that the motor vehicle was hijacked or
14    stolen at the time the vehicle was impounded, the owner or
15    the agents of the owner or a lessee must submit proof that
16    a report concerning the motor vehicle was filed with a law
17    enforcement agency in a timely manner;
18        (2) at the conclusion of the administrative hearing,
19    the hearing officer shall issue a written decision either
20    sustaining or overruling the vehicle impoundment;
21        (3) if the basis for the vehicle impoundment is
22    sustained by the administrative hearing officer, any
23    administrative fee posted to secure the release of the
24    vehicle shall be forfeited to the county or municipality;
25        (4) all final decisions of the administrative hearing
26    officer shall be subject to review under the provisions of

 

 

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1    the Administrative Review Law, unless the county or
2    municipality allows in the enabling ordinance for direct
3    appeal to the circuit court having jurisdiction over the
4    county or municipality;
5        (5) unless the administrative hearing officer
6    overturns the basis for the vehicle impoundment, no
7    vehicle shall be released to the owner, lessee, or
8    lienholder of record until all administrative fees and
9    towing and storage charges are paid; and
10        (6) if the administrative hearing officer finds that a
11    county or municipality that impounds a vehicle exceeded
12    its authority under this Code, the county or municipality
13    shall be liable to the registered owner or lessee of the
14    vehicle for the cost of storage fees and reasonable
15    attorney's fees; and .
16        (7) notwithstanding any other provision of law to the
17    contrary, if the administrative hearing officer finds that
18    a county or municipality impounded a motor vehicle that
19    was stolen or hijacked at the time the vehicle was
20    impounded, the county or municipality shall be liable to
21    the registered owner or lessee of the vehicle for the cost
22    of towing and storage fees.
23    (h) Vehicles not retrieved from the towing facility or
24storage facility within 35 days after the administrative
25hearing officer issues a written decision shall be deemed
26abandoned and disposed of in accordance with the provisions of

 

 

10200HB3772sam001- 38 -LRB102 15143 NLB 38455 a

1Article II of Chapter 4 of this Code.
2    (i) Unless stayed by a court of competent jurisdiction,
3any fine, penalty, or administrative fee imposed under this
4Section which remains unpaid in whole or in part after the
5expiration of the deadline for seeking judicial review under
6the Administrative Review Law may be enforced in the same
7manner as a judgment entered by a court of competent
8jurisdiction.
9    (j) The fee limits in subsection (b), the exceptions in
10paragraph (6) of subsection (b), and all of paragraph (6) of
11subsection (g) of this Section shall not apply to a home rule
12unit that tows a vehicle on a public way if a circumstance
13requires the towing of the vehicle or if the vehicle is towed
14due to a violation of a statute or local ordinance, and the
15home rule unit:
16        (1) owns and operates a towing facility within its
17    boundaries for the storage of towed vehicles; and
18        (2) owns and operates tow trucks or enters into a
19    contract with a third party vendor to operate tow trucks.
20(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
2198-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 
22    (625 ILCS 5/11-208.8)
23    Sec. 11-208.8. Automated speed enforcement systems in
24safety zones.
25    (a) As used in this Section:

 

 

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1    "Automated speed enforcement system" means a photographic
2device, radar device, laser device, or other electrical or
3mechanical device or devices installed or utilized in a safety
4zone and designed to record the speed of a vehicle and obtain a
5clear photograph or other recorded image of the vehicle and
6the vehicle's registration plate or digital registration plate
7while the driver is violating Article VI of Chapter 11 of this
8Code or a similar provision of a local ordinance.
9    An automated speed enforcement system is a system, located
10in a safety zone which is under the jurisdiction of a
11municipality, that produces a recorded image of a motor
12vehicle's violation of a provision of this Code or a local
13ordinance and is designed to obtain a clear recorded image of
14the vehicle and the vehicle's license plate. The recorded
15image must also display the time, date, and location of the
16violation.
17    "Owner" means the person or entity to whom the vehicle is
18registered.
19    "Recorded image" means images recorded by an automated
20speed 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,
25    on at least one image or portion of the recording, clearly
26    identifying the registration plate or digital registration

 

 

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1    plate number of the motor vehicle.
2    "Safety zone" means an area that is within one-eighth of a
3mile from the nearest property line of any public or private
4elementary or secondary school, or from the nearest property
5line of any facility, area, or land owned by a school district
6that is used for educational purposes approved by the Illinois
7State Board of Education, not including school district
8headquarters or administrative buildings. A safety zone also
9includes an area that is within one-eighth of a mile from the
10nearest property line of any facility, area, or land owned by a
11park district used for recreational purposes. However, if any
12portion of a roadway is within either one-eighth mile radius,
13the safety zone also shall include the roadway extended to the
14furthest portion of the next furthest intersection. The term
15"safety zone" does not include any portion of the roadway
16known as Lake Shore Drive or any controlled access highway
17with 8 or more lanes of traffic.
18    (a-5) The automated speed enforcement system shall be
19operational and violations shall be recorded only at the
20following times:
21        (i) if the safety zone is based upon the property line
22    of any facility, area, or land owned by a school district,
23    only on school days and no earlier than 6 a.m. and no later
24    than 8:30 p.m. if the school day is during the period of
25    Monday through Thursday, or 9 p.m. if the school day is a
26    Friday; and

 

 

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1        (ii) if the safety zone is based upon the property
2    line of any facility, area, or land owned by a park
3    district, no earlier than one hour prior to the time that
4    the facility, area, or land is open to the public or other
5    patrons, and no later than one hour after the facility,
6    area, or land is closed to the public or other patrons.
7    (b) A municipality that produces a recorded image of a
8motor vehicle's violation of a provision of this Code or a
9local ordinance must make the recorded images of a violation
10accessible to the alleged violator by providing the alleged
11violator with a website address, accessible through the
12Internet.
13    (c) Notwithstanding any penalties for any other violations
14of this Code, the owner of a motor vehicle used in a traffic
15violation recorded by an automated speed enforcement system
16shall be subject to the following penalties:
17        (1) if the recorded speed is no less than 6 miles per
18    hour and no more than 10 miles per hour over the legal
19    speed limit, a civil penalty not exceeding $50, plus an
20    additional penalty of not more than $50 for failure to pay
21    the original penalty in a timely manner; or
22        (2) if the recorded speed is more than 10 miles per
23    hour over the legal speed limit, a civil penalty not
24    exceeding $100, plus an additional penalty of not more
25    than $100 for failure to pay the original penalty in a
26    timely manner.

 

 

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1    A penalty may not be imposed under this Section if the
2driver of the motor vehicle received a Uniform Traffic
3Citation from a police officer for a speeding violation
4occurring within one-eighth of a mile and 15 minutes of the
5violation that was recorded by the system. A violation for
6which a civil penalty is imposed under this Section is not a
7violation of a traffic regulation governing the movement of
8vehicles and may not be recorded on the driving record of the
9owner of the vehicle. A law enforcement officer is not
10required to be present or to witness the violation. No penalty
11may be imposed under this Section if the recorded speed of a
12vehicle is 5 miles per hour or less over the legal speed limit.
13The municipality may send, in the same manner that notices are
14sent under this Section, a speed violation warning notice
15where the violation involves a speed of 5 miles per hour or
16less above the legal speed limit.
17    (d) The net proceeds that a municipality receives from
18civil penalties imposed under an automated speed enforcement
19system, after deducting all non-personnel and personnel costs
20associated with the operation and maintenance of such system,
21shall be expended or obligated by the municipality for the
22following purposes:
23        (i) public safety initiatives to ensure safe passage
24    around schools, and to provide police protection and
25    surveillance around schools and parks, including but not
26    limited to: (1) personnel costs; and (2) non-personnel

 

 

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1    costs such as construction and maintenance of public
2    safety infrastructure and equipment;
3        (ii) initiatives to improve pedestrian and traffic
4    safety;
5        (iii) construction and maintenance of infrastructure
6    within the municipality, including but not limited to
7    roads and bridges; and
8        (iv) after school programs.
9    (e) For each violation of a provision of this Code or a
10local ordinance recorded by an automated speed enforcement
11system, the municipality having jurisdiction shall issue a
12written notice of the violation to the registered owner of the
13vehicle as the alleged violator. The notice shall be delivered
14to the registered owner of the vehicle, by mail, within 30 days
15after the Secretary of State notifies the municipality of the
16identity of the owner of the vehicle, but in no event later
17than 90 days after the violation.
18    (f) The notice required under subsection (e) of this
19Section shall include:
20        (1) the name and address of the registered owner of
21    the 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 warning that failure to pay the civil penalty or
7    to contest liability in a timely manner is an admission of
8    liability;
9        (9) a statement that the person may elect to proceed
10    by:
11            (A) paying the fine; or
12            (B) challenging the charge in court, by mail, or
13        by administrative hearing; and
14        (10) a website address, accessible through the
15    Internet, where the person may view the recorded images of
16    the violation.
17    (g) (Blank).
18    (h) Based on inspection of recorded images produced by an
19automated speed enforcement system, a notice alleging that the
20violation occurred shall be evidence of the facts contained in
21the notice and admissible in any proceeding alleging a
22violation under this Section.
23    (i) Recorded images made by an automated speed enforcement
24system are confidential and shall be made available only to
25the alleged violator and governmental and law enforcement
26agencies for purposes of adjudicating a violation of this

 

 

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1Section, for statistical purposes, or for other governmental
2purposes. Any recorded image evidencing a violation of this
3Section, however, may be admissible in any proceeding
4resulting from the issuance of the citation.
5    (j) The court or hearing officer may consider in defense
6of a violation:
7        (1) that the motor vehicle or registration plates or
8    digital registration plates of the motor vehicle were
9    stolen before the violation occurred and not under the
10    control or in the possession of the owner or lessee at the
11    time of the violation;
12        (1.5) that the motor vehicle was hijacked before the
13    violation occurred and not under the control of or in the
14    possession of the owner or lessee at the time of the
15    violation;
16        (2) that the driver of the motor vehicle received a
17    Uniform Traffic Citation from a police officer for a
18    speeding violation occurring within one-eighth of a mile
19    and 15 minutes of the violation that was recorded by the
20    system; and
21        (3) any other evidence or issues provided by municipal
22    ordinance.
23    (k) To demonstrate that the motor vehicle was hijacked or
24the motor vehicle or registration plates or digital
25registration plates were stolen before the violation occurred
26and were not under the control or possession of the owner or

 

 

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1lessee at the time of the violation, the owner or lessee must
2submit proof that a report concerning the stolen motor vehicle
3or registration plates was filed with a law enforcement agency
4in a timely manner.
5    (l) A roadway equipped with an automated speed enforcement
6system shall be posted with a sign conforming to the national
7Manual on Uniform Traffic Control Devices that is visible to
8approaching traffic stating that vehicle speeds are being
9photo-enforced and indicating the speed limit. The
10municipality shall install such additional signage as it
11determines is necessary to give reasonable notice to drivers
12as to where automated speed enforcement systems are installed.
13    (m) A roadway where a new automated speed enforcement
14system is installed shall be posted with signs providing 30
15days notice of the use of a new automated speed enforcement
16system prior to the issuance of any citations through the
17automated speed enforcement system.
18    (n) The compensation paid for an automated speed
19enforcement system must be based on the value of the equipment
20or the services provided and may not be based on the number of
21traffic citations issued or the revenue generated by the
22system.
23    (o) (Blank).
24    (p) No person who is the lessor of a motor vehicle pursuant
25to a written lease agreement shall be liable for an automated
26speed or traffic law enforcement system violation involving

 

 

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1such motor vehicle during the period of the lease; provided
2that upon the request of the appropriate authority received
3within 120 days after the violation occurred, the lessor
4provides within 60 days after such receipt the name and
5address of the lessee. The drivers license number of a lessee
6may be subsequently individually requested by the appropriate
7authority if needed for enforcement of this Section.
8    Upon the provision of information by the lessor pursuant
9to this subsection, the municipality may issue the violation
10to the lessee of the vehicle in the same manner as it would
11issue a violation to a registered owner of a vehicle pursuant
12to this Section, and the lessee may be held liable for the
13violation.
14    (q) A municipality using an automated speed enforcement
15system must provide notice to drivers by publishing the
16locations of all safety zones where system equipment is
17installed on the website of the municipality.
18    (r) A municipality operating an automated speed
19enforcement system shall conduct a statistical analysis to
20assess the safety impact of the system. The statistical
21analysis shall be based upon the best available crash,
22traffic, and other data, and shall cover a period of time
23before and after installation of the system sufficient to
24provide a statistically valid comparison of safety impact. The
25statistical analysis shall be consistent with professional
26judgment and acceptable industry practice. The statistical

 

 

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1analysis also shall be consistent with the data required for
2valid comparisons of before and after conditions and shall be
3conducted within a reasonable period following the
4installation of the automated traffic law enforcement system.
5The statistical analysis required by this subsection shall be
6made available to the public and shall be published on the
7website of the municipality.
8    (s) This Section applies only to municipalities with a
9population of 1,000,000 or more inhabitants.
10(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
11    (625 ILCS 5/11-208.9)
12    Sec. 11-208.9. Automated traffic law enforcement system;
13approaching, overtaking, and passing a school bus.
14    (a) As used in this Section, "automated traffic law
15enforcement system" means a device with one or more motor
16vehicle sensors working in conjunction with the visual signals
17on a school bus, as specified in Sections 12-803 and 12-805 of
18this Code, to produce recorded images of motor vehicles that
19fail to stop before meeting or overtaking, from either
20direction, any school bus stopped at any location for the
21purpose of receiving or discharging pupils in violation of
22Section 11-1414 of this Code or a similar provision of a local
23ordinance.
24    An automated traffic law enforcement system is a system,
25in a municipality or county operated by a governmental agency,

 

 

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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means
7images recorded by an automated traffic law enforcement system
8on:
9        (1) 2 or more photographs;
10        (2) 2 or more microphotographs;
11        (3) 2 or more electronic images; or
12        (4) a video recording showing the motor vehicle and,
13    on at least one image or portion of the recording, clearly
14    identifying the registration plate or digital registration
15    plate number of the motor vehicle.
16    (c) A municipality or county that produces a recorded
17image of a motor vehicle's violation of a provision of this
18Code or a local ordinance must make the recorded images of a
19violation accessible to the alleged violator by providing the
20alleged violator with a website address, accessible through
21the Internet.
22    (d) For each violation of a provision of this Code or a
23local ordinance recorded by an automated traffic law
24enforcement system, the county or municipality having
25jurisdiction shall issue a written notice of the violation to
26the registered owner of the vehicle as the alleged violator.

 

 

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1The notice shall be delivered to the registered owner of the
2vehicle, by mail, within 30 days after the Secretary of State
3notifies the municipality or county of the identity of the
4owner of the vehicle, but in no event later than 90 days after
5the violation.
6    (e) The notice required under subsection (d) shall
7include:
8        (1) the name and address of the registered owner of
9    the vehicle;
10        (2) the registration number of the motor vehicle
11    involved in the violation;
12        (3) the violation charged;
13        (4) the location where the violation occurred;
14        (5) the date and time of the violation;
15        (6) a copy of the recorded images;
16        (7) the amount of the civil penalty imposed and the
17    date by which the civil penalty should be paid;
18        (8) a statement that recorded images are evidence of a
19    violation of overtaking or passing a school bus stopped
20    for the purpose of receiving or discharging pupils;
21        (9) a warning that failure to pay the civil penalty or
22    to contest liability in a timely manner is an admission of
23    liability;
24        (10) a statement that the person may elect to proceed
25    by:
26            (A) paying the fine; or

 

 

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1            (B) challenging the charge in court, by mail, or
2        by administrative hearing; and
3        (11) a website address, accessible through the
4    Internet, where the person may view the recorded images of
5    the violation.
6    (f) (Blank).
7    (g) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12    (h) Recorded images made by an automated traffic law
13enforcement system are confidential and shall be made
14available only to the alleged violator and governmental and
15law enforcement agencies for purposes of adjudicating a
16violation of this Section, for statistical purposes, or for
17other governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20    (i) The court or hearing officer may consider in defense
21of a violation:
22        (1) that the motor vehicle or registration plates or
23    digital registration plates of the motor vehicle were
24    stolen before the violation occurred and not under the
25    control of or in the possession of the owner or lessee at
26    the time of the violation;

 

 

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1        (1.5) that the motor vehicle was hijacked before the
2    violation occurred and not under the control of or in the
3    possession of the owner or lessee at the time of the
4    violation;
5        (2) that the driver of the motor vehicle received a
6    Uniform Traffic Citation from a police officer for a
7    violation of Section 11-1414 of this Code within
8    one-eighth of a mile and 15 minutes of the violation that
9    was recorded by the system;
10        (3) that the visual signals required by Sections
11    12-803 and 12-805 of this Code were damaged, not
12    activated, not present in violation of Sections 12-803 and
13    12-805, or inoperable; and
14        (4) any other evidence or issues provided by municipal
15    or county ordinance.
16    (j) To demonstrate that the motor vehicle was hijacked or
17the motor vehicle or registration plates or digital
18registration plates were stolen before the violation occurred
19and were not under the control or possession of the owner or
20lessee at the time of the violation, the owner or lessee must
21submit proof that a report concerning the stolen motor vehicle
22or registration plates was filed with a law enforcement agency
23in a timely manner.
24    (k) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

 

 

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1penalty not exceeding $150 for a first time violation or $500
2for a second or subsequent violation, plus an additional
3penalty of not more than $100 for failure to pay the original
4penalty in a timely manner, if the motor vehicle is recorded by
5an automated traffic law enforcement system. A violation for
6which a civil penalty is imposed under this Section is not a
7violation of a traffic regulation governing the movement of
8vehicles and may not be recorded on the driving record of the
9owner of the vehicle, but may be recorded by the municipality
10or county for the purpose of determining if a person is subject
11to the higher fine for a second or subsequent offense.
12    (l) A school bus equipped with an automated traffic law
13enforcement system must be posted with a sign indicating that
14the school bus is being monitored by an automated traffic law
15enforcement system.
16    (m) A municipality or county that has one or more school
17buses equipped with an automated traffic law enforcement
18system must provide notice to drivers by posting a list of
19school districts using school buses equipped with an automated
20traffic law enforcement system on the municipality or county
21website. School districts that have one or more school buses
22equipped with an automated traffic law enforcement system must
23provide notice to drivers by posting that information on their
24websites.
25    (n) A municipality or county operating an automated
26traffic law enforcement system shall conduct a statistical

 

 

10200HB3772sam001- 54 -LRB102 15143 NLB 38455 a

1analysis to assess the safety impact in each school district
2using school buses equipped with an automated traffic law
3enforcement system following installation of the system. The
4statistical analysis shall be based upon the best available
5crash, traffic, and other data, and shall cover a period of
6time before and after installation of the system sufficient to
7provide a statistically valid comparison of safety impact. The
8statistical analysis shall be consistent with professional
9judgment and acceptable industry practice. The statistical
10analysis also shall be consistent with the data required for
11valid comparisons of before and after conditions and shall be
12conducted within a reasonable period following the
13installation of the automated traffic law enforcement system.
14The statistical analysis required by this subsection shall be
15made available to the public and shall be published on the
16website of the municipality or county. If the statistical
17analysis for the 36-month period following installation of the
18system indicates that there has been an increase in the rate of
19accidents at the approach to school buses monitored by the
20system, the municipality or county shall undertake additional
21studies to determine the cause and severity of the accidents,
22and may take any action that it determines is necessary or
23appropriate to reduce the number or severity of the accidents
24involving school buses equipped with an automated traffic law
25enforcement system.
26    (o) The compensation paid for an automated traffic law

 

 

10200HB3772sam001- 55 -LRB102 15143 NLB 38455 a

1enforcement system must be based on the value of the equipment
2or the services provided and may not be based on the number of
3traffic citations issued or the revenue generated by the
4system.
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee.
13    Upon the provision of information by the lessor pursuant
14to this subsection, the county or municipality may issue the
15violation to the lessee of the vehicle in the same manner as it
16would issue a violation to a registered owner of a vehicle
17pursuant to this Section, and the lessee may be held liable for
18the violation.
19    (q) (Blank).
20    (r) After a municipality or county enacts an ordinance
21providing for automated traffic law enforcement systems under
22this Section, each school district within that municipality or
23county's jurisdiction may implement an automated traffic law
24enforcement system under this Section. The elected school
25board for that district must approve the implementation of an
26automated traffic law enforcement system. The school district

 

 

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1shall be responsible for entering into a contract, approved by
2the elected school board of that district, with vendors for
3the installation, maintenance, and operation of the automated
4traffic law enforcement system. The school district must enter
5into an intergovernmental agreement, approved by the elected
6school board of that district, with the municipality or county
7with jurisdiction over that school district for the
8administration of the automated traffic law enforcement
9system. The proceeds from a school district's automated
10traffic law enforcement system's fines shall be divided
11equally between the school district and the municipality or
12county administering the automated traffic law enforcement
13system.
14(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21.)
 
15    (625 ILCS 5/11-1201.1)
16    Sec. 11-1201.1. Automated railroad crossing enforcement
17system.
18    (a) For the purposes of this Section, an automated
19railroad grade crossing enforcement system is a system in a
20municipality or county operated by a governmental agency that
21produces a recorded image of a motor vehicle's violation of a
22provision of this Code or local ordinance and is designed to
23obtain a clear recorded image of the vehicle and vehicle's
24license plate. The recorded image must also display the time,
25date, and location of the violation.

 

 

10200HB3772sam001- 57 -LRB102 15143 NLB 38455 a

1    As used in this Section, "recorded images" means images
2recorded by an automated railroad grade crossing enforcement
3system on:
4        (1) 2 or more photographs;
5        (2) 2 or more microphotographs;
6        (3) 2 or more electronic images; or
7        (4) a video recording showing the motor vehicle and,
8    on at least one image or portion of the recording, clearly
9    identifying the registration plate or digital registration
10    plate number of the motor vehicle.
11    (b) The Illinois Commerce Commission may, in cooperation
12with a local law enforcement agency, establish in any county
13or municipality an automated railroad grade crossing
14enforcement system at any railroad grade crossing equipped
15with a crossing gate designated by local authorities. Local
16authorities desiring the establishment of an automated
17railroad crossing enforcement system must initiate the process
18by enacting a local ordinance requesting the creation of such
19a system. After the ordinance has been enacted, and before any
20additional steps toward the establishment of the system are
21undertaken, the local authorities and the Commission must
22agree to a plan for obtaining, from any combination of
23federal, State, and local funding sources, the moneys required
24for the purchase and installation of any necessary equipment.
25    (b-1) (Blank).)
26    (c) For each violation of Section 11-1201 of this Code or a

 

 

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1local ordinance recorded by an automated railroad grade
2crossing enforcement system, the county or municipality having
3jurisdiction shall issue a written notice of the violation to
4the registered owner of the vehicle as the alleged violator.
5The notice shall be delivered to the registered owner of the
6vehicle, by mail, no later than 90 days after the violation.
7    The notice shall include:
8        (1) the name and address of the registered owner of
9    the vehicle;
10        (2) the registration number of the motor vehicle
11    involved in the violation;
12        (3) the violation charged;
13        (4) the location where the violation occurred;
14        (5) the date and time of the violation;
15        (6) a copy of the recorded images;
16        (7) the amount of the civil penalty imposed and the
17    date by which the civil penalty should be paid;
18        (8) a statement that recorded images are evidence of a
19    violation of a railroad grade crossing;
20        (9) a warning that failure to pay the civil penalty or
21    to contest liability in a timely manner is an admission of
22    liability; and
23        (10) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine; or
26            (B) challenging the charge in court, by mail, or

 

 

10200HB3772sam001- 59 -LRB102 15143 NLB 38455 a

1        by administrative hearing.
2    (d) (Blank).
3    (d-1) (Blank).)
4    (d-2) (Blank).)
5    (e) Based on inspection of recorded images produced by an
6automated railroad grade crossing enforcement system, a notice
7alleging that the violation occurred shall be evidence of the
8facts contained in the notice and admissible in any proceeding
9alleging a violation under this Section.
10    (e-1) Recorded images made by an automated railroad grade
11crossing enforcement system are confidential and shall be made
12available only to the alleged violator and governmental and
13law enforcement agencies for purposes of adjudicating a
14violation of this Section, for statistical purposes, or for
15other governmental purposes. Any recorded image evidencing a
16violation of this Section, however, may be admissible in any
17proceeding resulting from the issuance of the citation.
18    (e-2) The court or hearing officer may consider the
19following in the defense of a violation:
20        (1) that the motor vehicle or registration plates or
21    digital registration plates of the motor vehicle were
22    stolen before the violation occurred and not under the
23    control of or in the possession of the owner or lessee at
24    the time of the violation;
25        (1.5) that the motor vehicle was hijacked before the
26    violation occurred and not under the control of or in the

 

 

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1    possession of the owner or lessee at the time of the
2    violation;
3        (2) that the driver of the motor vehicle received a
4    Uniform Traffic Citation from a police officer at the time
5    of the violation for the same offense;
6        (3) any other evidence or issues provided by municipal
7    or county ordinance.
8    (e-3) To demonstrate that the motor vehicle was hijacked
9or the motor vehicle or registration plates or digital
10registration plates were stolen before the violation occurred
11and were not under the control or possession of the owner or
12lessee at the time of the violation, the owner or lessee must
13submit proof that a report concerning the stolen motor vehicle
14or registration plates was filed with a law enforcement agency
15in a timely manner.
16    (f) Rail crossings equipped with an automatic railroad
17grade crossing enforcement system shall be posted with a sign
18visible to approaching traffic stating that the railroad grade
19crossing is being monitored, that citations will be issued,
20and the amount of the fine for violation.
21    (g) The compensation paid for an automated railroad grade
22crossing enforcement system must be based on the value of the
23equipment or the services provided and may not be based on the
24number of citations issued or the revenue generated by the
25system.
26    (h) (Blank).)

 

 

10200HB3772sam001- 61 -LRB102 15143 NLB 38455 a

1    (i) If any part or parts of this Section are held by a
2court of competent jurisdiction to be unconstitutional, the
3unconstitutionality shall not affect the validity of the
4remaining parts of this Section. The General Assembly hereby
5declares that it would have passed the remaining parts of this
6Section if it had known that the other part or parts of this
7Section would be declared unconstitutional.
8    (j) Penalty. A civil fine of $250 shall be imposed for a
9first violation of this Section, and a civil fine of $500 shall
10be imposed for a second or subsequent violation of this
11Section.
12(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
13revised 11-24-21.)".