Full Text of HB5774 102nd General Assembly
HB5774 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5774 Introduced 11/16/2022, by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Adds payment of municipal pension obligations for employees in public safety as a purpose for which net proceeds that a municipality receives from civil penalties imposed under an automated speed enforcement system, after deducting all non-personnel and personnel costs associated with the operation and maintenance of such system, shall be expended or obligated by the municipality. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-208.8 as follows: | 6 | | (625 ILCS 5/11-208.8) | 7 | | (Text of Section before amendment by P.A. 102-905 ) | 8 | | Sec. 11-208.8. Automated speed enforcement systems in | 9 | | safety zones. | 10 | | (a) As used in this Section: | 11 | | "Automated speed enforcement
system" means a photographic | 12 | | device, radar device, laser device, or other electrical or | 13 | | mechanical device or devices installed or utilized in a safety | 14 | | zone and designed to record the speed of a vehicle and obtain a | 15 | | clear photograph or other recorded image of the vehicle and | 16 | | the vehicle's registration plate or digital registration plate | 17 | | while the driver is violating Article VI of Chapter 11 of this | 18 | | Code or a similar provision of a local ordinance. | 19 | | An automated speed enforcement system is a system, located | 20 | | in a safety zone which is under the jurisdiction of a | 21 | | municipality, that produces a recorded image of a motor | 22 | | vehicle's violation of a provision of this Code or a local | 23 | | ordinance and is designed to obtain a clear recorded image of |
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| 1 | | the vehicle and the vehicle's license plate. The recorded | 2 | | image must also display the time, date, and location of the | 3 | | violation. | 4 | | "Owner" means the person or entity to whom the vehicle is | 5 | | registered. | 6 | | "Recorded image" means images
recorded by an automated | 7 | | speed enforcement system on: | 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 | | "Safety zone" means an area that is within one-eighth of a | 16 | | mile from the nearest property line of any public or private | 17 | | elementary or secondary school, or from the nearest property | 18 | | line of any facility, area, or land owned by a school district | 19 | | that is used for educational purposes approved by the Illinois | 20 | | State Board of Education, not including school district | 21 | | headquarters or administrative buildings. A safety zone also | 22 | | includes an area that is within one-eighth of a mile from the | 23 | | nearest property line of any facility, area, or land owned by a | 24 | | park district used for recreational purposes. However, if any | 25 | | portion of a roadway is within either one-eighth mile radius, | 26 | | the safety zone also shall include the roadway extended to the |
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| 1 | | furthest portion of the next furthest intersection. The term | 2 | | "safety zone" does not include any portion of the roadway | 3 | | known as Lake Shore Drive or any controlled access highway | 4 | | with 8 or more lanes of traffic. | 5 | | (a-5) The automated speed enforcement system shall be | 6 | | operational and violations shall be recorded only at the | 7 | | following times: | 8 | | (i) if the safety zone is based upon the property line | 9 | | of any facility, area, or land owned by a school district, | 10 | | only on school days and no earlier than 6 a.m. and no later | 11 | | than 8:30 p.m. if the school day is during the period of | 12 | | Monday through Thursday, or 9 p.m. if the school day is a | 13 | | Friday; and | 14 | | (ii) if the safety zone is based upon the property | 15 | | line of any facility, area, or land owned by a park | 16 | | district, no earlier than one hour prior to the time that | 17 | | the facility, area, or land is open to the public or other | 18 | | patrons, and no later than one hour after the facility, | 19 | | area, or land is closed to the public or other patrons. | 20 | | (b) A municipality that
produces a recorded image of a | 21 | | motor vehicle's
violation of a provision of this Code or a | 22 | | local ordinance must make the recorded images of a violation | 23 | | accessible to the alleged violator by providing the alleged | 24 | | violator with a website address, accessible through the | 25 | | Internet. | 26 | | (c) Notwithstanding any penalties for any other violations |
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| 1 | | of this Code, the owner of a motor vehicle used in a traffic | 2 | | violation recorded by an automated speed enforcement system | 3 | | shall be subject to the following penalties: | 4 | | (1) if the recorded speed is no less than 6 miles per | 5 | | hour and no more than 10 miles per hour over the legal | 6 | | speed limit, a civil penalty not exceeding $50, plus an | 7 | | additional penalty of not more than $50 for failure to pay | 8 | | the original penalty in a timely manner; or | 9 | | (2) if the recorded speed is more than 10 miles per | 10 | | hour over the legal speed limit, a civil penalty not | 11 | | exceeding $100, plus an additional penalty of not more | 12 | | than $100 for failure to pay the original penalty in a | 13 | | timely manner. | 14 | | A penalty may not be imposed under this Section if the | 15 | | driver of the motor vehicle received a Uniform Traffic | 16 | | Citation from a police officer for a speeding violation | 17 | | occurring within one-eighth of a mile and 15 minutes of the | 18 | | violation that was recorded by the system. A violation for | 19 | | which a civil penalty is imposed
under this Section is not a | 20 | | violation of a traffic regulation governing
the movement of | 21 | | vehicles and may not be recorded on the driving record
of the | 22 | | owner of the vehicle. A law enforcement officer is not | 23 | | required to be present or to witness the violation. No penalty | 24 | | may be imposed under this Section if the recorded speed of a | 25 | | vehicle is 5 miles per hour or less over the legal speed limit. | 26 | | The municipality may send, in the same manner that notices are |
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| 1 | | sent under this Section, a speed violation warning notice | 2 | | where the violation involves a speed of 5 miles per hour or | 3 | | less above the legal speed limit. | 4 | | (d) The net proceeds that a municipality receives from | 5 | | civil penalties imposed under an automated speed enforcement | 6 | | system, after deducting all non-personnel and personnel costs | 7 | | associated with the operation and maintenance of such system, | 8 | | shall be expended or obligated by the municipality for the | 9 | | following purposes: | 10 | | (i) public safety initiatives to ensure safe passage | 11 | | around schools, and to provide police protection and | 12 | | surveillance around schools and parks, including but not | 13 | | limited to:
(1) personnel costs; and
(2) non-personnel | 14 | | costs such as construction and maintenance of public | 15 | | safety infrastructure and equipment; | 16 | | (ii) initiatives to improve pedestrian and traffic | 17 | | safety; | 18 | | (iii) construction and maintenance of infrastructure | 19 | | within the municipality, including but not limited to | 20 | | roads and bridges; and | 21 | | (iv) after school programs ; and . | 22 | | (v) payment of municipal pension obligations for | 23 | | employees in public safety. | 24 | | (e) For each violation of a provision of this Code or a | 25 | | local ordinance
recorded by an automated speed enforcement | 26 | | system, the municipality having
jurisdiction shall issue a |
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| 1 | | written notice of the
violation to the registered owner of the | 2 | | vehicle as the alleged
violator. The notice shall be delivered | 3 | | to the registered
owner of the vehicle, by mail, within 30 days | 4 | | after the Secretary of State notifies the municipality of the | 5 | | identity of the owner of the vehicle, but in no event later | 6 | | than 90 days after the violation. | 7 | | (f) The notice required under subsection (e) of this | 8 | | Section shall include: | 9 | | (1) the name and address of the registered owner of | 10 | | the
vehicle; | 11 | | (2) the registration number of the motor vehicle
| 12 | | involved in the violation; | 13 | | (3) the violation charged; | 14 | | (4) the date, time, and location where the violation | 15 | | occurred; | 16 | | (5) a copy of the recorded image or images; | 17 | | (6) the amount of the civil penalty imposed and the | 18 | | date
by which the civil penalty should be paid; | 19 | | (7) a statement that recorded images are evidence of a
| 20 | | violation of a speed restriction; | 21 | | (8) a warning that failure to pay the civil penalty or | 22 | | to
contest liability in a timely manner is an admission of
| 23 | | liability; | 24 | | (9) a statement that the person may elect to proceed | 25 | | by: | 26 | | (A) paying the fine; or |
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| 1 | | (B) challenging the charge in court, by mail, or | 2 | | by administrative hearing; and | 3 | | (10) a website address, accessible through the
| 4 | | Internet, where the person may view the recorded images of | 5 | | the violation. | 6 | | (g) (Blank). | 7 | | (h) Based on inspection of recorded images produced by an
| 8 | | automated speed enforcement system, a notice alleging that the | 9 | | violation occurred shall be evidence of the facts contained
in | 10 | | the notice and admissible in any proceeding alleging a
| 11 | | violation under this Section. | 12 | | (i) Recorded images made by an automated speed
enforcement | 13 | | system are confidential and shall be made
available only to | 14 | | the alleged violator and governmental and
law enforcement | 15 | | agencies for purposes of adjudicating a
violation of this | 16 | | Section, for statistical purposes, or for other governmental | 17 | | purposes. Any recorded image evidencing a
violation of this | 18 | | Section, however, may be admissible in
any proceeding | 19 | | resulting from the issuance of the citation. | 20 | | (j) The court or hearing officer may consider in defense | 21 | | of a violation: | 22 | | (1) that the motor vehicle or registration plates or | 23 | | digital registration plates of the motor
vehicle were | 24 | | stolen before the violation occurred and not
under the | 25 | | control or in the possession of the owner at
the time of | 26 | | the violation; |
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| 1 | | (2) that the driver of the motor vehicle received a | 2 | | Uniform Traffic Citation from a police officer for a | 3 | | speeding violation occurring within one-eighth of a mile | 4 | | and 15 minutes of the violation that was recorded by the | 5 | | system; and | 6 | | (3) any other evidence or issues provided by municipal | 7 | | ordinance. | 8 | | (k) To demonstrate that the motor vehicle or the | 9 | | registration
plates or digital registration plates were stolen | 10 | | before the violation occurred and were not under the
control | 11 | | or possession of the owner at the time of the violation, the
| 12 | | owner must submit proof that a report concerning the stolen
| 13 | | motor vehicle or registration plates was filed with a law | 14 | | enforcement agency in a timely manner. | 15 | | (l) A roadway equipped with an automated speed enforcement | 16 | | system shall be posted with a sign conforming to the national | 17 | | Manual on Uniform Traffic Control Devices that is visible to | 18 | | approaching traffic stating that vehicle speeds are being | 19 | | photo-enforced and indicating the speed limit. The | 20 | | municipality shall install such additional signage as it | 21 | | determines is necessary to give reasonable notice to drivers | 22 | | as to where automated speed enforcement systems are installed. | 23 | | (m) A roadway where a new automated speed enforcement | 24 | | system is installed shall be posted with signs providing 30 | 25 | | days notice of the use of a new automated speed enforcement | 26 | | system prior to the issuance of any citations through the |
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| 1 | | automated speed enforcement system. | 2 | | (n) The compensation paid for an automated speed | 3 | | enforcement system
must be based on the value of the equipment | 4 | | or the services provided and may
not be based on the number of | 5 | | traffic citations issued or the revenue generated
by the | 6 | | system. | 7 | | (o) (Blank). | 8 | | (p) No person who is the lessor of a motor vehicle pursuant | 9 | | to a written lease agreement shall be liable for an automated | 10 | | speed or traffic law enforcement system violation involving | 11 | | such motor vehicle during the period of the lease; provided | 12 | | that upon the request of the appropriate authority received | 13 | | within 120 days after the violation occurred, the lessor | 14 | | provides within 60 days after such receipt the name and | 15 | | address of the lessee. The drivers license number of a lessee | 16 | | may be subsequently individually requested by the appropriate | 17 | | authority if needed for enforcement of this Section. | 18 | | Upon the provision of information by the lessor pursuant | 19 | | to this subsection, the municipality may issue the violation | 20 | | to the lessee of the vehicle in the same manner as it would | 21 | | issue a violation to a registered owner of a vehicle pursuant | 22 | | to this Section, and the lessee may be held liable for the | 23 | | violation. | 24 | | (q) A municipality using an automated speed enforcement | 25 | | system must provide notice to drivers by publishing the | 26 | | locations of all safety zones where system equipment is |
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| 1 | | installed on the website of the municipality. | 2 | | (r) A municipality operating an automated speed | 3 | | enforcement system shall conduct a statistical analysis to | 4 | | assess the safety impact of the system. The statistical | 5 | | analysis shall be based upon the best available crash, | 6 | | traffic, and other data, and shall cover a period of time | 7 | | before and after installation of the system sufficient to | 8 | | provide a statistically valid comparison of safety impact. The | 9 | | statistical analysis shall be consistent with professional | 10 | | judgment and acceptable industry practice. The statistical | 11 | | analysis also shall be consistent with the data required for | 12 | | valid comparisons of before and after conditions and shall be | 13 | | conducted within a reasonable period following the | 14 | | installation of the automated traffic law enforcement system. | 15 | | The statistical analysis required by this subsection shall be | 16 | | made available to the public and shall be published on the | 17 | | website of the municipality. | 18 | | (s) This Section applies only to municipalities with a | 19 | | population of 1,000,000 or more inhabitants.
| 20 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .) | 21 | | (Text of Section after amendment by P.A. 102-905 ) | 22 | | Sec. 11-208.8. Automated speed enforcement systems in | 23 | | safety zones. | 24 | | (a) As used in this Section: | 25 | | "Automated speed enforcement
system" means a photographic |
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| 1 | | device, radar device, laser device, or other electrical or | 2 | | mechanical device or devices installed or utilized in a safety | 3 | | zone and designed to record the speed of a vehicle and obtain a | 4 | | clear photograph or other recorded image of the vehicle and | 5 | | the vehicle's registration plate or digital registration plate | 6 | | while the driver is violating Article VI of Chapter 11 of this | 7 | | Code or a similar provision of a local ordinance. | 8 | | An automated speed enforcement system is a system, located | 9 | | in a safety zone which is under the jurisdiction of a | 10 | | municipality, that produces a recorded image of a motor | 11 | | vehicle's violation of a provision of this Code or a local | 12 | | ordinance and is designed to obtain a clear recorded image of | 13 | | the vehicle and the vehicle's license plate. The recorded | 14 | | image must also display the time, date, and location of the | 15 | | violation. | 16 | | "Owner" means the person or entity to whom the vehicle is | 17 | | registered. | 18 | | "Recorded image" means images
recorded by an automated | 19 | | speed 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. |
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| 1 | | "Safety zone" means an area that is within one-eighth of a | 2 | | mile from the nearest property line of any public or private | 3 | | elementary or secondary school, or from the nearest property | 4 | | line of any facility, area, or land owned by a school district | 5 | | that is used for educational purposes approved by the Illinois | 6 | | State Board of Education, not including school district | 7 | | headquarters or administrative buildings. A safety zone also | 8 | | includes an area that is within one-eighth of a mile from the | 9 | | nearest property line of any facility, area, or land owned by a | 10 | | park district used for recreational purposes. However, if any | 11 | | portion of a roadway is within either one-eighth mile radius, | 12 | | the safety zone also shall include the roadway extended to the | 13 | | furthest portion of the next furthest intersection. The term | 14 | | "safety zone" does not include any portion of the roadway | 15 | | known as Lake Shore Drive or any controlled access highway | 16 | | with 8 or more lanes of traffic. | 17 | | (a-5) The automated speed enforcement system shall be | 18 | | operational and violations shall be recorded only at the | 19 | | following 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 | 7 | | motor vehicle's
violation of a provision of this Code or a | 8 | | local ordinance must make the recorded images of a violation | 9 | | accessible to the alleged violator by providing the alleged | 10 | | violator with a website address, accessible through the | 11 | | Internet. | 12 | | (c) Notwithstanding any penalties for any other violations | 13 | | of this Code, the owner of a motor vehicle used in a traffic | 14 | | violation recorded by an automated speed enforcement system | 15 | | shall 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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| 1 | | driver of the motor vehicle received a Uniform Traffic | 2 | | Citation from a police officer for a speeding violation | 3 | | occurring within one-eighth of a mile and 15 minutes of the | 4 | | violation that was recorded by the system. A violation for | 5 | | which a civil penalty is imposed
under this Section is not a | 6 | | violation of a traffic regulation governing
the movement of | 7 | | vehicles and may not be recorded on the driving record
of the | 8 | | owner of the vehicle. A law enforcement officer is not | 9 | | required to be present or to witness the violation. No penalty | 10 | | may be imposed under this Section if the recorded speed of a | 11 | | vehicle is 5 miles per hour or less over the legal speed limit. | 12 | | The municipality may send, in the same manner that notices are | 13 | | sent under this Section, a speed violation warning notice | 14 | | where the violation involves a speed of 5 miles per hour or | 15 | | less above the legal speed limit. | 16 | | (d) The net proceeds that a municipality receives from | 17 | | civil penalties imposed under an automated speed enforcement | 18 | | system, after deducting all non-personnel and personnel costs | 19 | | associated with the operation and maintenance of such system, | 20 | | shall be expended or obligated by the municipality for the | 21 | | following 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 ; and . | 8 | | (v) payment of municipal pension obligations for | 9 | | employees in public safety. | 10 | | (e) For each violation of a provision of this Code or a | 11 | | local ordinance
recorded by an automated speed enforcement | 12 | | system, the municipality having
jurisdiction shall issue a | 13 | | written notice of the
violation to the registered owner of the | 14 | | vehicle as the alleged
violator. The notice shall be delivered | 15 | | to the registered
owner of the vehicle, by mail, within 30 days | 16 | | after the Secretary of State notifies the municipality of the | 17 | | identity of the owner of the vehicle, but in no event later | 18 | | than 90 days after the violation. | 19 | | (f) The notice required under subsection (e) of this | 20 | | Section shall include: | 21 | | (1) the name and address of the registered owner of | 22 | | the
vehicle; | 23 | | (2) the registration number of the motor vehicle
| 24 | | involved in the violation; | 25 | | (3) the violation charged; | 26 | | (4) the date, time, and location where the violation |
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| 1 | | occurred; | 2 | | (5) a copy of the recorded image or images; | 3 | | (6) the amount of the civil penalty imposed and the | 4 | | date
by which the civil penalty should be paid; | 5 | | (7) a statement that recorded images are evidence of a
| 6 | | violation of a speed restriction; | 7 | | (8) a warning that failure to pay the civil penalty or | 8 | | to
contest liability in a timely manner is an admission of
| 9 | | liability; | 10 | | (9) a statement that the person may elect to proceed | 11 | | by: | 12 | | (A) paying the fine; or | 13 | | (B) challenging the charge in court, by mail, or | 14 | | by administrative hearing; and | 15 | | (10) a website address, accessible through the
| 16 | | Internet, where the person may view the recorded images of | 17 | | the violation. | 18 | | (g) (Blank). | 19 | | (h) Based on inspection of recorded images produced by an
| 20 | | automated speed enforcement system, a notice alleging that the | 21 | | violation occurred shall be evidence of the facts contained
in | 22 | | the notice and admissible in any proceeding alleging a
| 23 | | violation under this Section. | 24 | | (i) Recorded images made by an automated speed
enforcement | 25 | | system are confidential and shall be made
available only to | 26 | | the alleged violator and governmental and
law enforcement |
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| 1 | | agencies for purposes of adjudicating a
violation of this | 2 | | Section, for statistical purposes, or for other governmental | 3 | | purposes. Any recorded image evidencing a
violation of this | 4 | | Section, however, may be admissible in
any proceeding | 5 | | resulting from the issuance of the citation. | 6 | | (j) The court or hearing officer may consider in defense | 7 | | of a violation: | 8 | | (1) that the motor vehicle or registration plates or | 9 | | digital registration plates of the motor
vehicle were | 10 | | stolen before the violation occurred and not
under the | 11 | | control or in the possession of the owner or lessee at
the | 12 | | time of the violation; | 13 | | (1.5) that the motor vehicle was hijacked before the | 14 | | violation occurred and not under the control of or in the | 15 | | possession of the owner or lessee at the time of the | 16 | | violation; | 17 | | (2) that the driver of the motor vehicle received a | 18 | | Uniform Traffic Citation from a police officer for a | 19 | | speeding violation occurring within one-eighth of a mile | 20 | | and 15 minutes of the violation that was recorded by the | 21 | | system; and | 22 | | (3) any other evidence or issues provided by municipal | 23 | | ordinance. | 24 | | (k) To demonstrate that the motor vehicle was hijacked or | 25 | | the motor vehicle or registration
plates or digital | 26 | | registration plates were stolen before the violation occurred |
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| 1 | | and were not under the
control or possession of the owner or | 2 | | lessee at the time of the violation, the
owner or lessee must | 3 | | submit proof that a report concerning the
motor vehicle or | 4 | | registration plates was filed with a law enforcement agency in | 5 | | a timely manner. | 6 | | (l) A roadway equipped with an automated speed enforcement | 7 | | system shall be posted with a sign conforming to the national | 8 | | Manual on Uniform Traffic Control Devices that is visible to | 9 | | approaching traffic stating that vehicle speeds are being | 10 | | photo-enforced and indicating the speed limit. The | 11 | | municipality shall install such additional signage as it | 12 | | determines is necessary to give reasonable notice to drivers | 13 | | as to where automated speed enforcement systems are installed. | 14 | | (m) A roadway where a new automated speed enforcement | 15 | | system is installed shall be posted with signs providing 30 | 16 | | days notice of the use of a new automated speed enforcement | 17 | | system prior to the issuance of any citations through the | 18 | | automated speed enforcement system. | 19 | | (n) The compensation paid for an automated speed | 20 | | enforcement system
must be based on the value of the equipment | 21 | | or the services provided and may
not be based on the number of | 22 | | traffic citations issued or the revenue generated
by the | 23 | | system. | 24 | | (o) (Blank). | 25 | | (p) No person who is the lessor of a motor vehicle pursuant | 26 | | to a written lease agreement shall be liable for an automated |
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| 1 | | speed or traffic law enforcement system violation involving | 2 | | such motor vehicle during the period of the lease; provided | 3 | | that upon the request of the appropriate authority received | 4 | | within 120 days after the violation occurred, the lessor | 5 | | provides within 60 days after such receipt the name and | 6 | | address of the lessee. The drivers license number of a lessee | 7 | | may be subsequently individually requested by the appropriate | 8 | | authority if needed for enforcement of this Section. | 9 | | Upon the provision of information by the lessor pursuant | 10 | | to this subsection, the municipality may issue the violation | 11 | | to the lessee of the vehicle in the same manner as it would | 12 | | issue a violation to a registered owner of a vehicle pursuant | 13 | | to this Section, and the lessee may be held liable for the | 14 | | violation. | 15 | | (q) A municipality using an automated speed enforcement | 16 | | system must provide notice to drivers by publishing the | 17 | | locations of all safety zones where system equipment is | 18 | | installed on the website of the municipality. | 19 | | (r) A municipality operating an automated speed | 20 | | enforcement system shall conduct a statistical analysis to | 21 | | assess the safety impact of the system. The statistical | 22 | | analysis shall be based upon the best available crash, | 23 | | traffic, and other data, and shall cover a period of time | 24 | | before and after installation of the system sufficient to | 25 | | provide a statistically valid comparison of safety impact. The | 26 | | statistical analysis shall be consistent with professional |
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| 1 | | judgment and acceptable industry practice. The statistical | 2 | | analysis also shall be consistent with the data required for | 3 | | valid comparisons of before and after conditions and shall be | 4 | | conducted within a reasonable period following the | 5 | | installation of the automated traffic law enforcement system. | 6 | | The statistical analysis required by this subsection shall be | 7 | | made available to the public and shall be published on the | 8 | | website of the municipality. | 9 | | (s) This Section applies only to municipalities with a | 10 | | population of 1,000,000 or more inhabitants.
| 11 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | 12 | | 102-905, eff. 1-1-23.) | 13 | | Section 95. No acceleration or delay. Where this Act makes | 14 | | changes in a statute that is represented in this Act by text | 15 | | that is not yet or no longer in effect (for example, a Section | 16 | | represented by multiple versions), the use of that text does | 17 | | not accelerate or delay the taking effect of (i) the changes | 18 | | made by this Act or (ii) provisions derived from any other | 19 | | Public Act.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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