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

HB3772sam002 102ND GENERAL ASSEMBLY

Sen. Omar Aquino

Filed: 4/6/2022

 

 


 

 


 
10200HB3772sam002LRB102 15143 HEP 38805 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 shall be imposed on the
15    registered owner or the agents of that owner if the motor
16    vehicle was stolen or hijacked at the time the vehicle was
17    impounded. To demonstrate that the motor vehicle was
18    hijacked or stolen at the time the vehicle was impounded,
19    the owner or the agents of the owner must submit proof that
20    a report concerning the motor vehicle was filed with a law
21    enforcement agency in a timely manner.
22        (2) The fees shall be in addition to (i) any other
23    penalties that may be assessed by a court of law for the
24    underlying violations; and (ii) any towing or storage
25    fees, or both, charged by the towing company.
26        (3) The fees shall be uniform for all similarly

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200HB3772sam002- 38 -LRB102 15143 HEP 38805 a

1    (i) Unless stayed by a court of competent jurisdiction,
2any fine, penalty, or administrative fee imposed under this
3Section which remains unpaid in whole or in part after the
4expiration of the deadline for seeking judicial review under
5the Administrative Review Law may be enforced in the same
6manner as a judgment entered by a court of competent
7jurisdiction.
8    (j) The fee limits in subsection (b), the exceptions in
9paragraph (6) of subsection (b), and all of paragraph (6) of
10subsection (g) of this Section shall not apply to a home rule
11unit that tows a vehicle on a public way if a circumstance
12requires the towing of the vehicle or if the vehicle is towed
13due to a violation of a statute or local ordinance, and the
14home rule unit:
15        (1) owns and operates a towing facility within its
16    boundaries for the storage of towed vehicles; and
17        (2) owns and operates tow trucks or enters into a
18    contract with a third party vendor to operate tow trucks.
19(Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15;
2098-756, eff. 7-16-14; 99-848, eff. 8-19-16.)
 
21    (625 ILCS 5/11-208.8)
22    Sec. 11-208.8. Automated speed enforcement systems in
23safety zones.
24    (a) As used in this Section:
25    "Automated speed enforcement system" means a photographic

 

 

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1device, radar device, laser device, or other electrical or
2mechanical device or devices installed or utilized in a safety
3zone and designed to record the speed of a vehicle and obtain a
4clear photograph or other recorded image of the vehicle and
5the vehicle's registration plate or digital registration plate
6while the driver is violating Article VI of Chapter 11 of this
7Code or a similar provision of a local ordinance.
8    An automated speed enforcement system is a system, located
9in a safety zone which is under the jurisdiction of a
10municipality, that produces a recorded image of a motor
11vehicle's violation of a provision of this Code or a local
12ordinance and is designed to obtain a clear recorded image of
13the vehicle and the vehicle's license plate. The recorded
14image must also display the time, date, and location of the
15violation.
16    "Owner" means the person or entity to whom the vehicle is
17registered.
18    "Recorded image" means images recorded by an automated
19speed enforcement system on:
20        (1) 2 or more photographs;
21        (2) 2 or more microphotographs;
22        (3) 2 or more electronic images; or
23        (4) a video recording showing the motor vehicle and,
24    on at least one image or portion of the recording, clearly
25    identifying the registration plate or digital registration
26    plate number of the motor vehicle.

 

 

10200HB3772sam002- 40 -LRB102 15143 HEP 38805 a

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

 

 

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

 

 

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

 

 

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1    safety infrastructure and equipment;
2        (ii) initiatives to improve pedestrian and traffic
3    safety;
4        (iii) construction and maintenance of infrastructure
5    within the municipality, including but not limited to
6    roads and bridges; and
7        (iv) after school programs.
8    (e) For each violation of a provision of this Code or a
9local ordinance recorded by an automated speed enforcement
10system, the municipality having jurisdiction shall issue a
11written notice of the violation to the registered owner of the
12vehicle as the alleged violator. The notice shall be delivered
13to the registered owner of the vehicle, by mail, within 30 days
14after the Secretary of State notifies the municipality of the
15identity of the owner of the vehicle, but in no event later
16than 90 days after the violation.
17    (f) The notice required under subsection (e) of this
18Section shall include:
19        (1) the name and address of the registered owner of
20    the vehicle;
21        (2) the registration number of the motor vehicle
22    involved in the violation;
23        (3) the violation charged;
24        (4) the date, time, and location where the violation
25    occurred;
26        (5) a copy of the recorded image or images;

 

 

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1        (6) the amount of the civil penalty imposed and the
2    date by which the civil penalty should be paid;
3        (7) a statement that recorded images are evidence of a
4    violation of a speed restriction;
5        (8) a warning that failure to pay the civil penalty or
6    to contest liability in a timely manner is an admission of
7    liability;
8        (9) a statement that the person may elect to proceed
9    by:
10            (A) paying the fine; or
11            (B) challenging the charge in court, by mail, or
12        by administrative hearing; and
13        (10) a website address, accessible through the
14    Internet, where the person may view the recorded images of
15    the violation.
16    (g) (Blank).
17    (h) Based on inspection of recorded images produced by an
18automated speed enforcement system, a notice alleging that the
19violation occurred shall be evidence of the facts contained in
20the notice and admissible in any proceeding alleging a
21violation under this Section.
22    (i) Recorded images made by an automated speed enforcement
23system are confidential and shall be made available only to
24the alleged violator and governmental and law enforcement
25agencies for purposes of adjudicating a violation of this
26Section, for statistical purposes, or for other governmental

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1vehicle, by mail, within 30 days after the Secretary of State
2notifies the municipality or county of the identity of the
3owner of the vehicle, but in no event later than 90 days after
4the violation.
5    (e) The notice required under subsection (d) shall
6include:
7        (1) the name and address of the registered owner of
8    the vehicle;
9        (2) the registration number of the motor vehicle
10    involved in the violation;
11        (3) the violation charged;
12        (4) the location where the violation occurred;
13        (5) the date and time of the violation;
14        (6) a copy of the recorded images;
15        (7) the amount of the civil penalty imposed and the
16    date by which the civil penalty should be paid;
17        (8) a statement that recorded images are evidence of a
18    violation of overtaking or passing a school bus stopped
19    for the purpose of receiving or discharging pupils;
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;
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

 

 

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

 

 

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1    violation occurred and not under the control of or in the
2    possession of the owner or lessee at the time of the
3    violation;
4        (2) that the driver of the motor vehicle received a
5    Uniform Traffic Citation from a police officer for a
6    violation of Section 11-1414 of this Code within
7    one-eighth of a mile and 15 minutes of the violation that
8    was recorded by the system;
9        (3) that the visual signals required by Sections
10    12-803 and 12-805 of this Code were damaged, not
11    activated, not present in violation of Sections 12-803 and
12    12-805, or inoperable; and
13        (4) any other evidence or issues provided by municipal
14    or county ordinance.
15    (j) To demonstrate that the motor vehicle was hijacked or
16the motor vehicle or registration plates or digital
17registration plates were stolen before the violation occurred
18and were not under the control or possession of the owner or
19lessee at the time of the violation, the owner or lessee must
20submit proof that a report concerning the stolen motor vehicle
21or registration plates was filed with a law enforcement agency
22in a timely manner.
23    (k) Unless the driver of the motor vehicle received a
24Uniform Traffic Citation from a police officer at the time of
25the violation, the motor vehicle owner is subject to a civil
26penalty not exceeding $150 for a first time violation or $500

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1court of competent jurisdiction to be unconstitutional, the
2unconstitutionality shall not affect the validity of the
3remaining parts of this Section. The General Assembly hereby
4declares that it would have passed the remaining parts of this
5Section if it had known that the other part or parts of this
6Section would be declared unconstitutional.
7    (j) Penalty. A civil fine of $250 shall be imposed for a
8first violation of this Section, and a civil fine of $500 shall
9be imposed for a second or subsequent violation of this
10Section.
11(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
12revised 11-24-21.)
 
13    Section 10. The Crime Victims Compensation Act is amended
14by changing Sections 2, 7.1, and 10.1 as follows:
 
15    (740 ILCS 45/2)  (from Ch. 70, par. 72)
16    Sec. 2. Definitions. As used in this Act, unless the
17context otherwise requires:
18    (a) "Applicant" means any person who applies for
19compensation under this Act or any person the Court of Claims
20or the Attorney General finds is entitled to compensation,
21including the guardian of a minor or of a person under legal
22disability. It includes any person who was a dependent of a
23deceased victim of a crime of violence for his or her support
24at the time of the death of that victim.

 

 

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1    The changes made to this subsection by this amendatory Act
2of the 101st General Assembly apply to actions commenced or
3pending on or after January 1, 2022.
4    (b) "Court of Claims" means the Court of Claims created by
5the Court of Claims Act.
6    (c) "Crime of violence" means and includes any offense
7defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1,
810-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
911-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5,
1012-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-4,
1112-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
1212-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
13or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or
14subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
151961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of
16the Cemetery Protection Act, Section 125 of the Stalking No
17Contact Order Act, Section 219 of the Civil No Contact Order
18Act, driving under the influence as defined in Section 11-501
19of the Illinois Vehicle Code, a violation of Section 11-401 of
20the Illinois Vehicle Code, provided the victim was a
21pedestrian or was operating a vehicle moved solely by human
22power or a mobility device at the time of contact, and a
23violation of Section 11-204.1 of the Illinois Vehicle Code; so
24long as the offense did not occur during a civil riot,
25insurrection or rebellion. "Crime of violence" does not
26include any other offense or accident involving a motor

 

 

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1vehicle except those vehicle offenses specifically provided
2for in this paragraph. "Crime of violence" does include all of
3the offenses specifically provided for in this paragraph that
4occur within this State but are subject to federal
5jurisdiction and crimes involving terrorism as defined in 18
6U.S.C. 2331.
7    (d) "Victim" means (1) a person killed or injured in this
8State as a result of a crime of violence perpetrated or
9attempted against him or her, (2) the spouse, parent, or child
10of a person killed or injured in this State as a result of a
11crime of violence perpetrated or attempted against the person,
12or anyone living in the household of a person killed or injured
13in a relationship that is substantially similar to that of a
14parent, spouse, or child, (3) a person killed or injured in
15this State while attempting to assist a person against whom a
16crime of violence is being perpetrated or attempted, if that
17attempt of assistance would be expected of a reasonable person
18under the circumstances, (4) a person killed or injured in
19this State while assisting a law enforcement official
20apprehend a person who has perpetrated a crime of violence or
21prevent the perpetration of any such crime if that assistance
22was in response to the express request of the law enforcement
23official, (5) a person who personally witnessed a violent
24crime, (5.05) a person who will be called as a witness by the
25prosecution to establish a necessary nexus between the
26offender and the violent crime, (5.1) solely for the purpose

 

 

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1of compensating for pecuniary loss incurred for psychological
2treatment of a mental or emotional condition caused or
3aggravated by the crime, any other person under the age of 18
4who is the brother, sister, half brother, or half sister of a
5person killed or injured in this State as a result of a crime
6of violence, (6) an Illinois resident who is a victim of a
7"crime of violence" as defined in this Act except, if the crime
8occurred outside this State, the resident has the same rights
9under this Act as if the crime had occurred in this State upon
10a showing that the state, territory, country, or political
11subdivision of a country in which the crime occurred does not
12have a compensation of victims of crimes law for which that
13Illinois resident is eligible, (7) a deceased person whose
14body is dismembered or whose remains are desecrated as the
15result of a crime of violence, or (8) solely for the purpose of
16compensating for pecuniary loss incurred for psychological
17treatment of a mental or emotional condition caused or
18aggravated by the crime, any parent, spouse, or child under
19the age of 18 of a deceased person whose body is dismembered or
20whose remains are desecrated as the result of a crime of
21violence.
22    (e) "Dependent" means a relative of a deceased victim who
23was wholly or partially dependent upon the victim's income at
24the time of his or her death and shall include the child of a
25victim born after his or her death.
26    (f) "Relative" means a spouse, parent, grandparent,

 

 

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1stepfather, stepmother, child, grandchild, brother,
2brother-in-law, sister, sister-in-law, half brother, half
3sister, spouse's parent, nephew, niece, uncle, aunt, or anyone
4living in the household of a person killed or injured in a
5relationship that is substantially similar to that of a
6parent, spouse, or child.
7    (g) "Child" means a son or daughter and includes a
8stepchild, an adopted child or a child born out of wedlock.
9    (h) "Pecuniary loss" means, in the case of injury,
10appropriate medical expenses and hospital expenses including
11expenses of medical examinations, rehabilitation, medically
12required nursing care expenses, appropriate psychiatric care
13or psychiatric counseling expenses, appropriate expenses for
14care or counseling by a licensed clinical psychologist,
15licensed clinical social worker, licensed professional
16counselor, or licensed clinical professional counselor and
17expenses for treatment by Christian Science practitioners and
18nursing care appropriate thereto; transportation expenses to
19and from medical and counseling treatment facilities;
20prosthetic appliances, eyeglasses, and hearing aids necessary
21or damaged as a result of the crime; expenses incurred for the
22towing and storage of a victim's vehicle in connection with a
23crime of violence, to a maximum of $1,000; costs associated
24with trafficking tattoo removal by a person authorized or
25licensed to perform the specific removal procedure;
26replacement costs for clothing and bedding used as evidence;

 

 

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1costs associated with temporary lodging or relocation
2necessary as a result of the crime, including, but not limited
3to, the first month's rent and security deposit of the
4dwelling that the claimant relocated to and other reasonable
5relocation expenses incurred as a result of the violent crime;
6locks or windows necessary or damaged as a result of the crime;
7the purchase, lease, or rental of equipment necessary to
8create usability of and accessibility to the victim's real and
9personal property, or the real and personal property which is
10used by the victim, necessary as a result of the crime; the
11costs of appropriate crime scene clean-up; replacement
12services loss, to a maximum of $1,250 per month; dependents
13replacement services loss, to a maximum of $1,250 per month;
14loss of tuition paid to attend grammar school or high school
15when the victim had been enrolled as a student prior to the
16injury, or college or graduate school when the victim had been
17enrolled as a day or night student prior to the injury when the
18victim becomes unable to continue attendance at school as a
19result of the crime of violence perpetrated against him or
20her; loss of earnings, loss of future earnings because of
21disability resulting from the injury, and, in addition, in the
22case of death, expenses for funeral, burial, and travel and
23transport for survivors of homicide victims to secure bodies
24of deceased victims and to transport bodies for burial all of
25which may be awarded up to a maximum of $10,000 and loss of
26support of the dependents of the victim; in the case of

 

 

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1dismemberment or desecration of a body, expenses for funeral
2and burial, all of which may be awarded up to a maximum of
3$10,000. Loss of future earnings shall be reduced by any
4income from substitute work actually performed by the victim
5or by income he or she would have earned in available
6appropriate substitute work he or she was capable of
7performing but unreasonably failed to undertake. Loss of
8earnings, loss of future earnings and loss of support shall be
9determined on the basis of the victim's average net monthly
10earnings for the 6 months immediately preceding the date of
11the injury or on $2,400 per month, whichever is less or, in
12cases where the absences commenced more than 3 years from the
13date of the crime, on the basis of the net monthly earnings for
14the 6 months immediately preceding the date of the first
15absence, not to exceed $2,400 per month. If a divorced or
16legally separated applicant is claiming loss of support for a
17minor child of the deceased, the amount of support for each
18child shall be based either on the amount of support pursuant
19to the judgment prior to the date of the deceased victim's
20injury or death, or, if the subject of pending litigation
21filed by or on behalf of the divorced or legally separated
22applicant prior to the injury or death, on the result of that
23litigation. Real and personal property includes, but is not
24limited to, vehicles, houses, apartments, town houses, or
25condominiums. Pecuniary loss does not include pain and
26suffering or property loss or damage.

 

 

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1    The changes made to this subsection by this amendatory Act
2of the 101st General Assembly apply to actions commenced or
3pending on or after January 1, 2022.
4    (i) "Replacement services loss" means expenses reasonably
5incurred in obtaining ordinary and necessary services in lieu
6of those the injured person would have performed, not for
7income, but for the benefit of himself or herself or his or her
8family, if he or she had not been injured.
9    (j) "Dependents replacement services loss" means loss
10reasonably incurred by dependents or private legal guardians
11of minor dependents after a victim's death in obtaining
12ordinary and necessary services in lieu of those the victim
13would have performed, not for income, but for their benefit,
14if he or she had not been fatally injured.
15    (k) "Survivor" means immediate family including a parent,
16stepfather, stepmother, child, brother, sister, or spouse.
17    (l) "Parent" means a natural parent, adopted parent,
18stepparent, or permanent legal guardian of another person.
19    (m) "Trafficking tattoo" is a tattoo which is applied to a
20victim in connection with the commission of a violation of
21Section 10-9 of the Criminal Code of 2012.
22(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
23102-27, eff. 6-25-21.)
 
24    (740 ILCS 45/7.1)  (from Ch. 70, par. 77.1)
25    Sec. 7.1. (a) The application shall set out:

 

 

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1        (1) the name and address of the victim;
2        (2) if the victim is deceased, the name and address of
3    the applicant and his or her relationship to the victim,
4    the names and addresses of other persons dependent on the
5    victim for their support and the extent to which each is so
6    dependent, and other persons who may be entitled to
7    compensation for a pecuniary loss;
8        (3) the date and nature of the crime on which the
9    application for compensation is based;
10        (4) the date and place where and the law enforcement
11    officials to whom notification of the crime was given;
12        (5) the nature and extent of the injuries sustained by
13    the victim, and the names and addresses of those giving
14    medical and hospitalization treatment to the victim;
15        (6) the pecuniary loss to the applicant and to such
16    other persons as are specified under item (2) resulting
17    from the injury or death;
18        (7) the amount of benefits, payments, or awards, if
19    any, payable under:
20            (a) the Workers' Compensation Act,
21            (b) the Dram Shop Act,
22            (c) any claim, demand, or cause of action based
23        upon the crime-related injury or death,
24            (d) the Federal Medicare program,
25            (e) the State Public Aid program,
26            (f) Social Security Administration burial

 

 

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1        benefits,
2            (g) Veterans administration burial benefits,
3            (h) life, health, accident, vehicle, towing, or
4        liability insurance,
5            (i) the Criminal Victims' Escrow Account Act,
6            (j) the Sexual Assault Survivors Emergency
7        Treatment Act,
8            (k) restitution, or
9            (l) any other source;
10        (8) releases authorizing the surrender to the Court of
11    Claims or Attorney General of reports, documents and other
12    information relating to the matters specified under this
13    Act and rules promulgated in accordance with the Act;
14        (9) such other information as the Court of Claims or
15    the Attorney General reasonably requires.
16    (b) The Attorney General may require that materials
17substantiating the facts stated in the application be
18submitted with that application.
19    (c) An applicant, on his or her own motion, may file an
20amended application or additional substantiating materials to
21correct inadvertent errors or omissions at any time before the
22original application has been disposed of by the Court of
23Claims or the Attorney General. In either case, the filing of
24additional information or of an amended application shall be
25considered for the purpose of this Act to have been filed at
26the same time as the original application.

 

 

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1    For claims submitted on or after January 1, 2022, an
2amended application or additional substantiating materials to
3correct inadvertent errors or omissions may be filed at any
4time before the original application is disposed of by the
5Attorney General or the Court of Claims.
6    (d) Determinations submitted by the Attorney General to
7the Court of Claims shall be available to the Court of Claims
8for review. The Attorney General shall provide the sources and
9evidence relied upon as a basis for a compensation
10determination.
11    (e) The changes made to this Section by this amendatory
12Act of the 101st General Assembly apply to actions commenced
13or pending on or after January 1, 2022.
14(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
15    (740 ILCS 45/10.1)  (from Ch. 70, par. 80.1)
16    Sec. 10.1. Amount of compensation. The amount of
17compensation to which an applicant and other persons are
18entitled shall be based on the following factors:
19    (a) A victim may be compensated for his or her pecuniary
20loss.
21    (b) A dependent may be compensated for loss of support.
22    (c) Any person, even though not dependent upon the victim
23for his or her support, may be compensated for reasonable
24expenses of the victim to the extent to which he or she has
25paid or become obligated to pay such expenses and only after

 

 

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1compensation for reasonable funeral, medical and hospital
2expenses of the victim have been awarded may compensation be
3made for reasonable expenses of the victim incurred for
4psychological treatment of a mental or emotional condition
5caused or aggravated by the crime.
6    (d) An award shall be reduced or denied according to the
7extent to which the victim's injury or death was caused by
8provocation or incitement by the victim or the victim
9assisting, attempting, or committing a criminal act. A denial
10or reduction shall not automatically bar the survivors of
11homicide victims from receiving compensation for counseling,
12crime scene cleanup, relocation, funeral or burial costs, and
13loss of support if the survivor's actions have not initiated,
14provoked, or aggravated the suspect into initiating the
15qualifying crime.
16    (e) An award shall be reduced by the amount of benefits,
17payments or awards payable under those sources which are
18required to be listed under item (7) of Section 7.1(a) and any
19other sources except annuities, pension plans, Federal Social
20Security payments payable to dependents of the victim and the
21net proceeds of the first $25,000 of life insurance that would
22inure to the benefit of the applicant, which the applicant or
23any other person dependent for the support of a deceased
24victim, as the case may be, has received or to which he or she
25is entitled as a result of injury to or death of the victim.
26    (f) A final award shall not exceed $10,000 for a crime

 

 

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1committed prior to September 22, 1979, $15,000 for a crime
2committed on or after September 22, 1979 and prior to January
31, 1986, $25,000 for a crime committed on or after January 1,
41986 and prior to August 7, 1998, $27,000 for a crime committed
5on or after August 7, 1998 and prior to August 7, 2022, or
6$45,000 for a crime committed on or after August 7, 2022. If
7the total pecuniary loss is greater than the maximum amount
8allowed, the award shall be divided in proportion to the
9amount of actual loss among those entitled to compensation.
10    (g) Compensation under this Act is a secondary source of
11compensation and the applicant must show that he or she has
12exhausted the benefits reasonably available under the Criminal
13Victims' Escrow Account Act or any governmental or medical or
14health insurance programs, including, but not limited to,
15Workers' Compensation, the Federal Medicare program, the State
16Public Aid program, Social Security Administration burial
17benefits, and Veterans Administration burial benefits, and
18life, health, accident, full vehicle coverage (including
19towing insurance, if available), or liability insurance.
20(Source: P.A. 102-27, eff. 1-1-22.)".