Full Text of HB3903 103rd General Assembly
HB3903sam001 103RD GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 5/19/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3903
| 2 | | AMENDMENT NO. ______. Amend House Bill 3903 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by adding Section | 5 | | 9-50 as follows: | 6 | | (10 ILCS 5/9-50 new) | 7 | | Sec. 9-50. Vendor providing automated traffic systems; | 8 | | contributions. | 9 | | (a) No vendor that offers or provides equipment or | 10 | | services for automated traffic law enforcement, automated | 11 | | speed enforcement, or automated railroad grade crossing | 12 | | enforcement systems to municipalities or counties, no | 13 | | political action committee created by such a vendor, and no | 14 | | vendor-affiliated person shall make a campaign contribution to | 15 | | any political committee established to promote the candidacy | 16 | | of a candidate or public official. An officer or agent of such |
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| 1 | | a vendor may not consent to any contribution or expenditure | 2 | | that is prohibited by this Section. A candidate, political | 3 | | committee, or other person may not knowingly accept or receive | 4 | | any contribution prohibited by this Section. | 5 | | (b) As used in this Section: | 6 | | "Automated law enforcement system", "automated speed | 7 | | enforcement system", and "automated railroad grade crossing | 8 | | enforcement system" have the meanings given to those terms in | 9 | | Article II of Chapter 11 of the Illinois Vehicle Code. | 10 | | "Vendor-affiliated person" means: (i) any person with an
| 11 | | ownership interest in excess of 7.5% in a vendor that offers or | 12 | | provides equipment or services for automated traffic law | 13 | | enforcement, automated speed enforcement, or automated | 14 | | railroad grade crossing enforcement systems to municipalities | 15 | | or counties; (ii) any person with a distributive share in | 16 | | excess of 7.5% in a vendor that offers or provides equipment or | 17 | | services for automated traffic law enforcement, automated | 18 | | speed enforcement, or automated railroad grade crossing | 19 | | enforcement systems to municipalities or counties; (iii) any | 20 | | executive employees of a vendor that offers or provides | 21 | | equipment or services for automated traffic law enforcement, | 22 | | automated speed enforcement, or automated railroad grade | 23 | | crossing enforcement systems to municipalities or counties; | 24 | | and (iv) the spouse, minor child, or other immediate family | 25 | | member living in the residence of any of the persons | 26 | | identified in items (i) through (iii). |
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| 1 | | Section 10. The Illinois Vehicle Code is amended by | 2 | | changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9 | 3 | | as follows:
| 4 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 5 | | Sec. 11-208.3. Administrative adjudication of violations | 6 | | of traffic
regulations concerning the standing, parking, or | 7 | | condition of
vehicles, automated traffic law violations, and | 8 | | automated speed enforcement system violations.
| 9 | | (a) Any municipality or county may provide by ordinance | 10 | | for a system of
administrative adjudication of vehicular | 11 | | standing and parking violations and
vehicle compliance | 12 | | violations as described in this subsection, automated traffic | 13 | | law violations as defined in Section 11-208.6, 11-208.9, or | 14 | | 11-1201.1, and automated speed enforcement system violations | 15 | | as defined in Section 11-208.8.
The administrative system | 16 | | shall have as its purpose the fair and
efficient enforcement | 17 | | of municipal or county regulations through the
administrative | 18 | | adjudication of automated speed enforcement system or | 19 | | automated traffic law violations and violations of municipal | 20 | | or county ordinances
regulating the standing and parking of | 21 | | vehicles, the condition and use of
vehicle equipment, and the | 22 | | display of municipal or county wheel tax licenses within the
| 23 | | municipality's
or county's borders. The administrative system | 24 | | shall only have authority to adjudicate
civil offenses |
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| 1 | | carrying fines not in excess of $500 or requiring the | 2 | | completion of a traffic education program, or both, that occur | 3 | | after the
effective date of the ordinance adopting such a | 4 | | system under this Section.
For purposes of this Section, | 5 | | "compliance violation" means a violation of a
municipal or | 6 | | county regulation governing the condition or use of equipment | 7 | | on a vehicle
or governing the display of a municipal or county | 8 | | wheel tax license.
| 9 | | (b) Any ordinance establishing a system of administrative | 10 | | adjudication
under this Section shall provide for:
| 11 | | (1) A traffic compliance administrator authorized to
| 12 | | adopt, distribute, and
process parking, compliance, and | 13 | | automated speed enforcement system or automated traffic | 14 | | law violation notices and other notices required
by this
| 15 | | Section, collect money paid as fines and penalties for | 16 | | violation of parking
and compliance
ordinances and | 17 | | automated speed enforcement system or automated traffic | 18 | | law violations, and operate an administrative adjudication | 19 | | system.
| 20 | | (2) A parking, standing, compliance, automated speed | 21 | | enforcement system, or automated traffic law violation | 22 | | notice
that
shall specify or include the date,
time, and | 23 | | place of violation of a parking, standing,
compliance, | 24 | | automated speed enforcement system, or automated traffic | 25 | | law
regulation; the particular regulation
violated; any | 26 | | requirement to complete a traffic education program; the |
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| 1 | | fine and any penalty that may be assessed for late payment | 2 | | or failure to complete a required traffic education | 3 | | program, or both,
when so provided by ordinance; the | 4 | | vehicle make or a photograph of the vehicle; the state | 5 | | registration
number of the vehicle; and the identification | 6 | | number of the
person issuing the notice.
With regard to | 7 | | automated speed enforcement system or automated traffic | 8 | | law violations, vehicle make shall be specified on the | 9 | | automated speed enforcement system or automated traffic | 10 | | law violation notice if the notice does not include a | 11 | | photograph of the vehicle and the make is available and | 12 | | readily discernible. With regard to municipalities or | 13 | | counties with a population of 1 million or more, it
shall | 14 | | be grounds for
dismissal of a parking
violation if the | 15 | | state registration number or vehicle make specified is
| 16 | | incorrect. The violation notice shall state that the | 17 | | completion of any required traffic education program, the | 18 | | payment of any indicated
fine, and the payment of any | 19 | | applicable penalty for late payment or failure to complete | 20 | | a required traffic education program, or both, shall | 21 | | operate as a
final disposition of the violation. The | 22 | | notice also shall contain
information as to the | 23 | | availability of a hearing in which the violation may
be | 24 | | contested on its merits. The violation notice shall | 25 | | specify the
time and manner in which a hearing may be had.
| 26 | | (3) Service of a parking, standing, or compliance
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| 1 | | violation notice by: (i) affixing the
original or a | 2 | | facsimile of the notice to an unlawfully parked or | 3 | | standing vehicle; (ii)
handing the notice to the operator | 4 | | of a vehicle if he or she is
present; or (iii) mailing the | 5 | | notice to the address of the registered owner or lessee of | 6 | | the cited vehicle as recorded with the Secretary of State | 7 | | or the lessor of the motor vehicle within 30 days after the | 8 | | Secretary of State or the lessor of the motor vehicle | 9 | | notifies the municipality or county of the identity of the | 10 | | owner or lessee of the vehicle, but not later than 90 days | 11 | | after the date of the violation, except that in the case of | 12 | | a lessee of a motor vehicle, service of a parking, | 13 | | standing, or compliance violation notice may occur no | 14 | | later than 210 days after the violation; and service of an | 15 | | automated speed enforcement system or automated traffic | 16 | | law violation notice by mail to the
address
of the | 17 | | registered owner or lessee of the cited vehicle as | 18 | | recorded with the Secretary of
State or the lessor of the | 19 | | motor vehicle within 30 days after the Secretary of State | 20 | | or the lessor of the motor vehicle notifies the | 21 | | municipality or county of the identity of the owner or | 22 | | lessee of the vehicle, but not later than 90 days after the | 23 | | violation, except that in the case of a lessee of a motor | 24 | | vehicle, service of an automated traffic law violation | 25 | | notice may occur no later than 210 days after the | 26 | | violation. A person authorized by ordinance to issue and |
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| 1 | | serve parking,
standing, and compliance
violation notices | 2 | | shall certify as to the correctness of the facts entered
| 3 | | on the violation notice by signing his or her name to the | 4 | | notice at
the time of service or, in the case of a notice | 5 | | produced by a computerized
device, by signing a single | 6 | | certificate to be kept by the traffic
compliance
| 7 | | administrator attesting to the correctness of all notices | 8 | | produced by the
device while it was under his or her | 9 | | control. In the case of an automated traffic law | 10 | | violation, the ordinance shall
require
a
determination by | 11 | | a technician employed or contracted by the municipality or | 12 | | county that,
based on inspection of recorded images, the | 13 | | motor vehicle was being operated in
violation of Section | 14 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | 15 | | the technician determines that the
vehicle entered the | 16 | | intersection as part of a funeral procession or in order | 17 | | to
yield the right-of-way to an emergency vehicle, a | 18 | | citation shall not be issued. In municipalities with a | 19 | | population of less than 1,000,000 inhabitants and counties | 20 | | with a population of less than 3,000,000 inhabitants, the | 21 | | automated traffic law ordinance shall require that all | 22 | | determinations by a technician that a motor vehicle was | 23 | | being operated in
violation of Section 11-208.6, 11-208.9, | 24 | | or 11-1201.1 or a local ordinance must be reviewed and | 25 | | approved by a law enforcement officer or retired law | 26 | | enforcement officer of the municipality or county issuing |
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| 1 | | the violation. In municipalities with a population of | 2 | | 1,000,000 or more inhabitants and counties with a | 3 | | population of 3,000,000 or more inhabitants, the automated | 4 | | traffic law ordinance shall require that all | 5 | | determinations by a technician that a motor vehicle was | 6 | | being operated in
violation of Section 11-208.6, 11-208.9, | 7 | | or 11-1201.1 or a local ordinance must be reviewed and | 8 | | approved by a law enforcement officer or retired law | 9 | | enforcement officer of the municipality or county issuing | 10 | | the violation or by an additional fully trained reviewing | 11 | | technician who is not employed by the contractor who | 12 | | employs the technician who made the initial determination. | 13 | | In the case of an automated speed enforcement system | 14 | | violation, the ordinance shall require a determination by | 15 | | a technician employed by the municipality, based upon an | 16 | | inspection of recorded images, video or other | 17 | | documentation, including documentation of the speed limit | 18 | | and automated speed enforcement signage, and documentation | 19 | | of the inspection, calibration, and certification of the | 20 | | speed equipment, that the vehicle was being operated in | 21 | | violation of Article VI of Chapter 11 of this Code or a | 22 | | similar local ordinance. If the technician determines that | 23 | | the vehicle speed was not determined by a calibrated, | 24 | | certified speed equipment device based upon the speed | 25 | | equipment documentation, or if the vehicle was an | 26 | | emergency vehicle, a citation may not be issued. The |
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| 1 | | automated speed enforcement ordinance shall require that | 2 | | all determinations by a technician that a violation | 3 | | occurred be reviewed and approved by a law enforcement | 4 | | officer or retired law enforcement officer of the | 5 | | municipality issuing the violation or by an additional | 6 | | fully trained reviewing technician who is not employed by | 7 | | the contractor who employs the technician who made the | 8 | | initial determination. Routine and independent calibration | 9 | | of the speeds produced by automated speed enforcement | 10 | | systems and equipment shall be conducted annually by a | 11 | | qualified technician. Speeds produced by an automated | 12 | | speed enforcement system shall be compared with speeds | 13 | | produced by lidar or other independent equipment. Radar or | 14 | | lidar equipment shall undergo an internal validation test | 15 | | no less frequently than once each week. Qualified | 16 | | technicians shall test loop-based equipment no less | 17 | | frequently than once a year. Radar equipment shall be | 18 | | checked for accuracy by a qualified technician when the | 19 | | unit is serviced, when unusual or suspect readings | 20 | | persist, or when deemed necessary by a reviewing | 21 | | technician. Radar equipment shall be checked with the | 22 | | internal frequency generator and the internal circuit test | 23 | | whenever the radar is turned on. Technicians must be alert | 24 | | for any unusual or suspect readings, and if unusual or | 25 | | suspect readings of a radar unit persist, that unit shall | 26 | | immediately be removed from service and not returned to |
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| 1 | | service until it has been checked by a qualified | 2 | | technician and determined to be functioning properly. | 3 | | Documentation of the annual calibration results, including | 4 | | the equipment tested, test date, technician performing the | 5 | | test, and test results, shall be maintained and available | 6 | | for use in the determination of an automated speed | 7 | | enforcement system violation and issuance of a citation. | 8 | | The technician performing the calibration and testing of | 9 | | the automated speed enforcement equipment shall be trained | 10 | | and certified in the use of equipment for speed | 11 | | enforcement purposes. Training on the speed enforcement | 12 | | equipment may be conducted by law enforcement, civilian, | 13 | | or manufacturer's personnel and if applicable may be | 14 | | equivalent to the equipment use and operations training | 15 | | included in the Speed Measuring Device Operator Program | 16 | | developed by the National Highway Traffic Safety | 17 | | Administration (NHTSA). The vendor or technician who | 18 | | performs the work shall keep accurate records on each | 19 | | piece of equipment the technician calibrates and tests. As | 20 | | used in this paragraph, "fully trained reviewing | 21 | | technician" means a person who has received at least 40 | 22 | | hours of supervised training in subjects which shall | 23 | | include image inspection and interpretation, the elements | 24 | | necessary to prove a violation, license plate | 25 | | identification, and traffic safety and management. In all | 26 | | municipalities and counties, the automated speed |
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| 1 | | enforcement system or automated traffic law ordinance | 2 | | shall require that no additional fee shall be charged to | 3 | | the alleged violator for exercising his or her right to an | 4 | | administrative hearing, and persons shall be given at | 5 | | least 25 days following an administrative hearing to pay | 6 | | any civil penalty imposed by a finding that Section | 7 | | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | 8 | | local ordinance has been violated. The original or a
| 9 | | facsimile of the violation notice or, in the case of a | 10 | | notice produced by a
computerized device, a printed record | 11 | | generated by the device showing the facts
entered on the | 12 | | notice, shall be retained by the
traffic compliance
| 13 | | administrator, and shall be a record kept in the ordinary | 14 | | course of
business. A parking, standing, compliance, | 15 | | automated speed enforcement system, or automated traffic | 16 | | law violation notice issued,
signed, and served in
| 17 | | accordance with this Section, a copy of the notice, or the | 18 | | computer-generated record shall be prima facie
correct and | 19 | | shall be prima facie evidence of the correctness of the | 20 | | facts
shown on the notice. The notice, copy, or | 21 | | computer-generated
record shall be admissible in any
| 22 | | subsequent administrative or legal proceedings.
| 23 | | (4) An opportunity for a hearing for the registered | 24 | | owner of the
vehicle cited in the parking, standing, | 25 | | compliance, automated speed enforcement system, or | 26 | | automated traffic law violation notice in
which the owner |
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| 1 | | may
contest the merits of the alleged violation, and | 2 | | during which formal or
technical rules of evidence shall | 3 | | not apply; provided, however, that under
Section 11-1306 | 4 | | of this Code the lessee of a vehicle cited in the
violation | 5 | | notice likewise shall be provided an opportunity for a | 6 | | hearing of
the same kind afforded the registered owner. | 7 | | The hearings shall be
recorded, and the person conducting | 8 | | the hearing on behalf of the traffic
compliance
| 9 | | administrator shall be empowered to administer oaths and | 10 | | to secure by
subpoena both the attendance and testimony of | 11 | | witnesses and the production
of relevant books and papers. | 12 | | Persons appearing at a hearing under this
Section may be | 13 | | represented by counsel at their expense. The ordinance may
| 14 | | also provide for internal administrative review following | 15 | | the decision of
the hearing officer.
| 16 | | (5) Service of additional notices, sent by first class | 17 | | United States
mail, postage prepaid, to the address of the | 18 | | registered owner of the cited
vehicle as recorded with the | 19 | | Secretary of State or, if any notice to that address is | 20 | | returned as undeliverable, to the last known address | 21 | | recorded in a United States Post Office approved database,
| 22 | | or, under Section 11-1306
or subsection (p) of Section | 23 | | 11-208.6 or 11-208.9, or subsection (p) of Section | 24 | | 11-208.8 of this Code, to the lessee of the cited vehicle | 25 | | at the last address known
to the lessor of the cited | 26 | | vehicle at the time of lease or, if any notice to that |
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| 1 | | address is returned as undeliverable, to the last known | 2 | | address recorded in a United States Post Office approved | 3 | | database.
The service shall
be deemed complete as of the | 4 | | date of deposit in the United States mail.
The notices | 5 | | shall be in the following sequence and shall include, but | 6 | | not be
limited to, the information specified herein:
| 7 | | (i) A second notice of parking, standing, or | 8 | | compliance violation if the first notice of the | 9 | | violation was issued by affixing the original or a | 10 | | facsimile of the notice to the unlawfully parked | 11 | | vehicle or by handing the notice to the operator. This | 12 | | notice shall specify or include the
date and location | 13 | | of the violation cited in the parking,
standing,
or | 14 | | compliance violation
notice, the particular regulation | 15 | | violated, the vehicle
make or a photograph of the | 16 | | vehicle, the state registration number of the vehicle, | 17 | | any requirement to complete a traffic education | 18 | | program, the fine and any penalty that may be
assessed | 19 | | for late payment or failure to complete a traffic | 20 | | education program, or both, when so provided by | 21 | | ordinance, the availability
of a hearing in which the | 22 | | violation may be contested on its merits, and the
time | 23 | | and manner in which the hearing may be had. The notice | 24 | | of violation
shall also state that failure to complete | 25 | | a required traffic education program, to pay the | 26 | | indicated fine and any
applicable penalty, or to |
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| 1 | | appear at a hearing on the merits in the time and
| 2 | | manner specified, will result in a final determination | 3 | | of violation
liability for the cited violation in the | 4 | | amount of the fine or penalty
indicated, and that, | 5 | | upon the occurrence of a final determination of | 6 | | violation liability for the failure, and the | 7 | | exhaustion of, or
failure to exhaust, available | 8 | | administrative or judicial procedures for
review, any | 9 | | incomplete traffic education program or any unpaid | 10 | | fine or penalty, or both, will constitute a debt due | 11 | | and owing
the municipality or county.
| 12 | | (ii) A notice of final determination of parking, | 13 | | standing,
compliance, automated speed enforcement | 14 | | system, or automated traffic law violation liability.
| 15 | | This notice shall be sent following a final | 16 | | determination of parking,
standing, compliance, | 17 | | automated speed enforcement system, or automated | 18 | | traffic law
violation liability and the conclusion of | 19 | | judicial review procedures taken
under this Section. | 20 | | The notice shall state that the incomplete traffic | 21 | | education program or the unpaid fine or
penalty, or | 22 | | both, is a debt due and owing the municipality or | 23 | | county. The notice shall contain
warnings that failure | 24 | | to complete any required traffic education program or | 25 | | to pay any fine or penalty due and owing the
| 26 | | municipality or county, or both, within the time |
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| 1 | | specified may result in the municipality's
or county's | 2 | | filing of a petition in the Circuit Court to have the | 3 | | incomplete traffic education program or unpaid
fine or | 4 | | penalty, or both, rendered a judgment as provided by | 5 | | this Section, or, where applicable, may
result in | 6 | | suspension of the person's driver's license for | 7 | | failure to complete a traffic education program.
| 8 | | (6) A notice of impending driver's license suspension. | 9 | | This
notice shall be sent to the person liable for failure | 10 | | to complete a required traffic education program. The | 11 | | notice
shall state that failure to complete a required | 12 | | traffic education program within 45 days of
the notice's | 13 | | date will result in the municipality or county notifying | 14 | | the Secretary
of State that the person is eligible for | 15 | | initiation of suspension
proceedings under Section 6-306.5 | 16 | | of this Code. The notice shall also state
that the person | 17 | | may obtain a photostatic copy of an original ticket | 18 | | imposing a
fine or penalty by sending a self-addressed, | 19 | | stamped envelope to the
municipality or county along with | 20 | | a request for the photostatic copy.
The notice of | 21 | | impending driver's
license suspension shall be sent by | 22 | | first class United States mail,
postage prepaid, to the | 23 | | address recorded with the Secretary of State or, if any | 24 | | notice to that address is returned as undeliverable, to | 25 | | the last known address recorded in a United States Post | 26 | | Office approved database.
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| 1 | | (7) Final determinations of violation liability. A | 2 | | final
determination of violation liability shall occur | 3 | | following failure to complete the required traffic | 4 | | education program or
to pay the fine or penalty, or both, | 5 | | after a hearing officer's determination of violation | 6 | | liability and the exhaustion of or failure to exhaust any
| 7 | | administrative review procedures provided by ordinance. | 8 | | Where a person
fails to appear at a hearing to contest the | 9 | | alleged violation in the time
and manner specified in a | 10 | | prior mailed notice, the hearing officer's
determination | 11 | | of violation liability shall become final: (A) upon
denial | 12 | | of a timely petition to set aside that determination, or | 13 | | (B) upon
expiration of the period for filing the petition | 14 | | without a
filing having been made.
| 15 | | (8) A petition to set aside a determination of | 16 | | parking, standing,
compliance, automated speed enforcement | 17 | | system, or automated traffic law violation
liability that | 18 | | may be filed by a person owing an unpaid fine or penalty. A | 19 | | petition to set aside a determination of liability may | 20 | | also be filed by a person required to complete a traffic | 21 | | education program.
The petition shall be filed with and | 22 | | ruled upon by the traffic compliance
administrator in the | 23 | | manner and within the time specified by ordinance.
The | 24 | | grounds for the petition may be limited to: (A) the person | 25 | | not having
been the owner or lessee of the cited vehicle on | 26 | | the date the
violation notice was issued, (B) the person |
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| 1 | | having already completed the required traffic education | 2 | | program or paid the fine or
penalty, or both, for the | 3 | | violation in question, and (C) excusable failure to
appear | 4 | | at or
request a new date for a hearing.
With regard to | 5 | | municipalities or counties with a population of 1 million | 6 | | or more, it
shall be grounds for
dismissal of a
parking | 7 | | violation if the state registration number or vehicle | 8 | | make, only if specified in the violation notice, is
| 9 | | incorrect. After the determination of
parking, standing, | 10 | | compliance, automated speed enforcement system, or | 11 | | automated traffic law violation liability has been set | 12 | | aside
upon a showing of just
cause, the registered owner | 13 | | shall be provided with a hearing on the merits
for that | 14 | | violation.
| 15 | | (9) Procedures for non-residents. Procedures by which | 16 | | persons who are
not residents of the municipality or | 17 | | county may contest the merits of the alleged
violation | 18 | | without attending a hearing.
| 19 | | (10) A schedule of civil fines for violations of | 20 | | vehicular standing,
parking, compliance, automated speed | 21 | | enforcement system, or automated traffic law regulations | 22 | | enacted by ordinance pursuant to this
Section, and a
| 23 | | schedule of penalties for late payment of the fines or | 24 | | failure to complete required traffic education programs, | 25 | | provided, however,
that the total amount of the fine and | 26 | | penalty for any one violation shall
not exceed $250, |
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| 1 | | except as provided in subsection (c) of Section 11-1301.3 | 2 | | of this Code.
| 3 | | (11) Other provisions as are necessary and proper to | 4 | | carry into
effect the powers granted and purposes stated | 5 | | in this Section.
| 6 | | (b-5) An automated speed enforcement system or automated | 7 | | traffic law ordinance adopted under this Section by a | 8 | | municipality or county shall require that the determination to | 9 | | issue a citation be vested solely with the municipality or | 10 | | county and that such authority may not be delegated to any | 11 | | vendor retained by the municipality or county. Any contract or | 12 | | agreement violating such a provision in the ordinance is null | 13 | | and void. | 14 | | (c) Any municipality or county establishing vehicular | 15 | | standing, parking,
compliance, automated speed enforcement | 16 | | system, or automated traffic law
regulations under this | 17 | | Section may also provide by ordinance for a
program of vehicle | 18 | | immobilization for the purpose of facilitating
enforcement of | 19 | | those regulations. The program of vehicle
immobilization shall | 20 | | provide for immobilizing any eligible vehicle upon the
public | 21 | | way by presence of a restraint in a manner to prevent operation | 22 | | of
the vehicle. Any ordinance establishing a program of | 23 | | vehicle
immobilization under this Section shall provide:
| 24 | | (1) Criteria for the designation of vehicles eligible | 25 | | for
immobilization. A vehicle shall be eligible for | 26 | | immobilization when the
registered owner of the vehicle |
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| 1 | | has accumulated the number of incomplete traffic education | 2 | | programs or unpaid final
determinations of parking, | 3 | | standing, compliance, automated speed enforcement system, | 4 | | or automated traffic law violation liability, or both, as
| 5 | | determined by ordinance.
| 6 | | (2) A notice of impending vehicle immobilization and a | 7 | | right to a
hearing to challenge the validity of the notice | 8 | | by disproving liability
for the incomplete traffic | 9 | | education programs or unpaid final determinations of | 10 | | parking, standing, compliance, automated speed enforcement | 11 | | system, or automated traffic law
violation liability, or | 12 | | both, listed
on the notice.
| 13 | | (3) The right to a prompt hearing after a vehicle has | 14 | | been immobilized
or subsequently towed without the | 15 | | completion of the required traffic education program or | 16 | | payment of the outstanding fines and
penalties on parking, | 17 | | standing, compliance, automated speed enforcement system, | 18 | | or automated traffic law violations, or both, for which | 19 | | final
determinations have been
issued. An order issued | 20 | | after the hearing is a final administrative
decision | 21 | | within the meaning of Section 3-101 of the Code of Civil | 22 | | Procedure.
| 23 | | (4) A post immobilization and post-towing notice | 24 | | advising the registered
owner of the vehicle of the right | 25 | | to a hearing to challenge the validity
of the impoundment.
| 26 | | (d) Judicial review of final determinations of parking, |
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| 1 | | standing,
compliance, automated speed enforcement system, or | 2 | | automated traffic law
violations and final administrative | 3 | | decisions issued after hearings
regarding vehicle | 4 | | immobilization and impoundment made
under this Section shall | 5 | | be subject to the provisions of
the Administrative Review Law.
| 6 | | (e) Any fine, penalty, incomplete traffic education | 7 | | program, or part of any fine or any penalty remaining
unpaid | 8 | | after the exhaustion of, or the failure to exhaust, | 9 | | administrative
remedies created under this Section and the | 10 | | conclusion of any judicial
review procedures shall be a debt | 11 | | due and owing the municipality or county and, as
such, may be | 12 | | collected in accordance with applicable law. Completion of any | 13 | | required traffic education program and payment in full
of any | 14 | | fine or penalty resulting from a standing, parking,
| 15 | | compliance, automated speed enforcement system, or automated | 16 | | traffic law violation shall
constitute a final disposition of | 17 | | that violation.
| 18 | | (f) After the expiration of the period within which | 19 | | judicial review may
be sought for a final determination of | 20 | | parking, standing, compliance, automated speed enforcement | 21 | | system, or automated traffic law
violation, the municipality
| 22 | | or county may commence a proceeding in the Circuit Court for | 23 | | purposes of obtaining a
judgment on the final determination of | 24 | | violation. Nothing in this
Section shall prevent a | 25 | | municipality or county from consolidating multiple final
| 26 | | determinations of parking, standing, compliance, automated |
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| 1 | | speed enforcement system, or automated traffic law violations | 2 | | against a
person in a proceeding.
Upon commencement of the | 3 | | action, the municipality or county shall file a certified
copy | 4 | | or record of the final determination of parking, standing, | 5 | | compliance, automated speed enforcement system, or automated | 6 | | traffic law
violation, which shall be
accompanied by a | 7 | | certification that recites facts sufficient to show that
the | 8 | | final determination of violation was
issued in accordance with | 9 | | this Section and the applicable municipal
or county ordinance. | 10 | | Service of the summons and a copy of the petition may be by
any | 11 | | method provided by Section 2-203 of the Code of Civil | 12 | | Procedure or by
certified mail, return receipt requested, | 13 | | provided that the total amount of
fines and penalties for | 14 | | final determinations of parking, standing,
compliance, | 15 | | automated speed enforcement system, or automated traffic law | 16 | | violations does not
exceed $2500. If the court is satisfied | 17 | | that the final determination of
parking, standing, compliance, | 18 | | automated speed enforcement system, or automated traffic law | 19 | | violation was entered in accordance with
the requirements of
| 20 | | this Section and the applicable municipal or county ordinance, | 21 | | and that the registered
owner or the lessee, as the case may | 22 | | be, had an opportunity for an
administrative hearing and for | 23 | | judicial review as provided in this Section,
the court shall | 24 | | render judgment in favor of the municipality or county and | 25 | | against
the registered owner or the lessee for the amount | 26 | | indicated in the final
determination of parking, standing, |
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| 1 | | compliance, automated speed enforcement system, or automated | 2 | | traffic law violation, plus costs.
The judgment shall have
the | 3 | | same effect and may be enforced in the same manner as other | 4 | | judgments
for the recovery of money.
| 5 | | (g) The fee for participating in a traffic education | 6 | | program under this Section shall not exceed $25. | 7 | | A low-income individual required to complete a traffic | 8 | | education program under this Section who provides proof of | 9 | | eligibility for the federal earned income tax credit under | 10 | | Section 32 of the Internal Revenue Code or the Illinois earned | 11 | | income tax credit under Section 212 of the Illinois Income Tax | 12 | | Act shall not be required to pay any fee for participating in a | 13 | | required traffic education program. | 14 | | (h) Notwithstanding any other provision of law to the | 15 | | contrary, a person shall not be liable for violations, fees, | 16 | | fines, or penalties under this Section during the period in | 17 | | which the motor vehicle was stolen or hijacked, as indicated | 18 | | in a report to the appropriate law enforcement agency filed in | 19 | | a timely manner. | 20 | | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | 21 | | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff. | 22 | | 1-1-23 .)
| 23 | | (625 ILCS 5/11-208.6)
| 24 | | (Text of Section before amendment by P.A. 102-982 ) | 25 | | Sec. 11-208.6. Automated traffic law enforcement system.
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| 1 | | (a) As used in this Section, "automated traffic law | 2 | | enforcement
system" means a device with one or more motor | 3 | | vehicle sensors working
in conjunction with a red light signal | 4 | | to produce recorded images of
motor vehicles entering an | 5 | | intersection against a red signal
indication in violation of | 6 | | Section 11-306 of this Code or a similar provision
of a local | 7 | | ordinance.
| 8 | | An
automated traffic law enforcement system is a system, | 9 | | in a municipality or
county operated by a
governmental agency, | 10 | | that
produces a recorded image of a motor vehicle's
violation | 11 | | of a provision of this Code or a local ordinance
and is | 12 | | designed to obtain a clear recorded image of the
vehicle and | 13 | | the vehicle's license plate. The recorded image must also
| 14 | | display the time, date, and location of the violation.
| 15 | | (b) As used in this Section, "recorded images" means | 16 | | images
recorded by an automated traffic law enforcement system | 17 | | on:
| 18 | | (1) 2 or more photographs;
| 19 | | (2) 2 or more microphotographs;
| 20 | | (3) 2 or more electronic images; or
| 21 | | (4) a video recording showing the motor vehicle and, | 22 | | on at
least one image or portion of the recording, clearly | 23 | | identifying the
registration plate or digital registration | 24 | | plate number of the motor vehicle.
| 25 | | (b-5) A municipality or
county that
produces a recorded | 26 | | image of a motor vehicle's
violation of a provision of this |
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| 1 | | Code or a local ordinance must make the recorded images of a | 2 | | violation accessible to the alleged violator by providing the | 3 | | alleged violator with a website address, accessible through | 4 | | the Internet. | 5 | | (c) Except as provided under Section 11-208.8 of this | 6 | | Code, a county or municipality, including a home rule county | 7 | | or municipality, may not use an automated traffic law | 8 | | enforcement system to provide recorded images of a motor | 9 | | vehicle for the purpose of recording its speed. Except as | 10 | | provided under Section 11-208.8 of this Code, the regulation | 11 | | of the use of automated traffic law enforcement systems to | 12 | | record vehicle speeds is an exclusive power and function of | 13 | | the State. This subsection (c) is a denial and limitation of | 14 | | home rule powers and functions under subsection (h) of Section | 15 | | 6 of Article VII of the Illinois Constitution.
| 16 | | (c-5) A county or municipality, including a home rule | 17 | | county or municipality, may not use an automated traffic law | 18 | | enforcement system to issue violations in instances where the | 19 | | motor vehicle comes to a complete stop and does not enter the | 20 | | intersection, as defined by Section 1-132 of this Code, during | 21 | | the cycle of the red signal indication unless one or more | 22 | | pedestrians or bicyclists are present, even if the motor | 23 | | vehicle stops at a point past a stop line or crosswalk where a | 24 | | driver is required to stop, as specified in subsection (c) of | 25 | | Section 11-306 of this Code or a similar provision of a local | 26 | | ordinance. |
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| 1 | | (c-6) A county, or a municipality with less than 2,000,000 | 2 | | inhabitants, including a home rule county or municipality, may | 3 | | not use an automated traffic law enforcement system to issue | 4 | | violations in instances where a motorcyclist enters an | 5 | | intersection against a red signal
indication when the red | 6 | | signal fails to change to a green signal within a reasonable | 7 | | period of time not less than 120 seconds because of a signal | 8 | | malfunction or because the signal has failed to detect the | 9 | | arrival of the motorcycle due to the motorcycle's size or | 10 | | weight. | 11 | | (d) For each violation of a provision of this Code or a | 12 | | local ordinance
recorded by an automatic
traffic law | 13 | | enforcement system, the county or municipality having
| 14 | | jurisdiction shall issue a written notice of the
violation to | 15 | | the registered owner of the vehicle as the alleged
violator. | 16 | | The notice shall be delivered to the registered
owner of the | 17 | | vehicle, by mail, within 30 days after the Secretary of State | 18 | | notifies the municipality or county of the identity of the | 19 | | owner of the vehicle, but in no event later than 90 days after | 20 | | the violation.
| 21 | | The notice shall include:
| 22 | | (1) the name and address of the registered owner of | 23 | | the
vehicle;
| 24 | | (2) the registration number of the motor vehicle
| 25 | | involved in the violation;
| 26 | | (3) the violation charged;
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| 1 | | (4) the location where the violation occurred;
| 2 | | (5) the date and time of the violation;
| 3 | | (6) a copy of the recorded images;
| 4 | | (7) the amount of the civil penalty imposed and the | 5 | | requirements of any traffic education program imposed and | 6 | | the date
by which the civil penalty should be paid and the | 7 | | traffic education program should be completed;
| 8 | | (8) a statement that recorded images are evidence of a
| 9 | | violation of a red light signal;
| 10 | | (9) a warning that failure to pay the civil penalty, | 11 | | to complete a required traffic education program, or to
| 12 | | contest liability in a timely manner is an admission of
| 13 | | liability;
| 14 | | (10) a statement that the person may elect to proceed | 15 | | by:
| 16 | | (A) paying the fine, completing a required traffic | 17 | | education program, or both; or
| 18 | | (B) challenging the charge in court, by mail, or | 19 | | by administrative hearing; and
| 20 | | (11) a website address, accessible through the | 21 | | Internet, where the person may view the recorded images of | 22 | | the violation. | 23 | | (e) (Blank).
| 24 | | (f) Based on inspection of recorded images produced by an
| 25 | | automated traffic law enforcement system, a notice alleging | 26 | | that the violation occurred shall be evidence of the facts |
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| 1 | | contained
in the notice and admissible in any proceeding | 2 | | alleging a
violation under this Section.
| 3 | | (g) Recorded images made by an automatic traffic law
| 4 | | enforcement system are confidential and shall be made
| 5 | | available only to the alleged violator and governmental and
| 6 | | law enforcement agencies for purposes of adjudicating a
| 7 | | violation of this Section, for statistical purposes, or for | 8 | | other governmental purposes. Any recorded image evidencing a
| 9 | | violation of this Section, however, may be admissible in
any | 10 | | proceeding resulting from the issuance of the citation.
| 11 | | (h) The court or hearing officer may consider in defense | 12 | | of a violation:
| 13 | | (1) that the motor vehicle or registration plates or | 14 | | digital registration plates of the motor
vehicle were | 15 | | stolen before the violation occurred and not
under the | 16 | | control of or in the possession of the owner or lessee at
| 17 | | the time of the violation;
| 18 | | (1.5) that the motor vehicle was hijacked before the | 19 | | violation occurred and not under the control of or in the | 20 | | possession of the owner or lessee at the time of the | 21 | | violation; | 22 | | (2) that the driver of the vehicle passed through the
| 23 | | intersection when the light was red either (i) in order to
| 24 | | yield the right-of-way to an emergency vehicle or (ii) as
| 25 | | part of a funeral procession; and
| 26 | | (3) any other evidence or issues provided by municipal |
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| 1 | | or county ordinance.
| 2 | | (i) To demonstrate that the motor vehicle was hijacked or | 3 | | the motor vehicle or registration
plates or digital | 4 | | registration plates were stolen before the violation occurred | 5 | | and were not under the
control or possession of the owner or | 6 | | lessee at the time of the violation, the
owner or lessee must | 7 | | submit proof that a report concerning the
motor vehicle or | 8 | | registration plates was filed with a law enforcement agency in | 9 | | a timely manner.
| 10 | | (j) Unless the driver of the motor vehicle received a | 11 | | Uniform
Traffic Citation from a police officer at the time of | 12 | | the violation,
the motor vehicle owner is subject to a civil | 13 | | penalty not exceeding
$100 or the completion of a traffic | 14 | | education program, or both, plus an additional penalty of not | 15 | | more than $100 for failure to pay the original penalty or to | 16 | | complete a required traffic education program, or both, in a | 17 | | timely manner, if the motor vehicle is recorded by an | 18 | | automated traffic law
enforcement 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.
| 23 | | (j-3) A registered owner who is a holder of a valid | 24 | | commercial driver's license is not required to complete a | 25 | | traffic education program. | 26 | | (j-5) For purposes of the required traffic education |
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| 1 | | program only, a registered owner may submit an affidavit to | 2 | | the court or hearing officer swearing that at the time of the | 3 | | alleged violation, the vehicle was in the custody and control | 4 | | of another person. The affidavit must identify the person in | 5 | | custody and control of the vehicle, including the person's | 6 | | name and current address. The person in custody and control of | 7 | | the vehicle at the time of the violation is required to | 8 | | complete the required traffic education program. If the person | 9 | | in custody and control of the vehicle at the time of the | 10 | | violation completes the required traffic education program, | 11 | | the registered owner of the vehicle is not required to | 12 | | complete a traffic education program. | 13 | | (k) An intersection equipped with an automated traffic law
| 14 | | enforcement system must be posted with a sign visible to | 15 | | approaching traffic
indicating that the intersection is being | 16 | | monitored by an automated
traffic law enforcement system and
| 17 | | informing drivers whether, following a stop, a right turn at
| 18 | | the intersection is permitted or prohibited . | 19 | | (k-3) A municipality or
county that has one or more | 20 | | intersections equipped with an automated traffic law
| 21 | | enforcement system must provide notice to drivers by posting | 22 | | the locations of automated traffic law systems on the | 23 | | municipality or county website.
| 24 | | (k-5) An intersection equipped with an automated traffic | 25 | | law
enforcement system must have a yellow change interval that | 26 | | conforms with the Illinois Manual on Uniform Traffic Control |
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| 1 | | Devices (IMUTCD) published by the Illinois Department of | 2 | | Transportation. Beginning 6 months before it installs an | 3 | | automated traffic law enforcement system at an intersection, a | 4 | | county or municipality may not change the yellow change | 5 | | interval at that intersection. | 6 | | (k-7) A municipality or county operating an automated | 7 | | traffic law enforcement system shall conduct a statistical | 8 | | analysis to assess the safety impact of each automated traffic | 9 | | law enforcement system at an intersection following | 10 | | installation of the system and every 2 years thereafter . Each | 11 | | The statistical analysis shall be based upon the best | 12 | | available crash, traffic, and other data, and shall cover a | 13 | | period of time before and after installation of the system | 14 | | sufficient to provide a statistically valid comparison of | 15 | | safety impact. Each The statistical analysis shall be | 16 | | consistent with professional judgment and acceptable industry | 17 | | practice. Each The statistical analysis also shall be | 18 | | consistent with the data required for valid comparisons of | 19 | | before and after conditions and shall be conducted within a | 20 | | reasonable period following the installation of the automated | 21 | | traffic law enforcement system. Each The statistical analysis | 22 | | required by this subsection (k-7) shall be made available to | 23 | | the public and shall be published on the website of the | 24 | | municipality or county. If a the statistical analysis for the | 25 | | 36 month period following installation of the system indicates | 26 | | that there has been an increase in the rate of accidents at the |
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| 1 | | approach to the intersection monitored by the system, the | 2 | | municipality or county shall undertake additional studies to | 3 | | determine the cause and severity of the accidents, and may | 4 | | take any action that it determines is necessary or appropriate | 5 | | to reduce the number or severity of the accidents at that | 6 | | intersection. | 7 | | (k-8) Any municipality or county operating an automated | 8 | | traffic law enforcement system before the effective date of | 9 | | this amendatory Act of the 103rd General Assembly shall | 10 | | conduct a statistical analysis to assess the safety impact of | 11 | | each automated traffic law enforcement system at an | 12 | | intersection by no later than one year after the effective | 13 | | date of this amendatory Act of the 103rd General Assembly and | 14 | | every 2 years thereafter. The statistical analyses shall be | 15 | | based upon the best available crash, traffic, and other data, | 16 | | and shall cover a period of time before and after installation | 17 | | of the system sufficient to provide a statistically valid | 18 | | comparison of safety impact. The statistical analyses shall be | 19 | | consistent with professional judgment and acceptable industry | 20 | | practice. The statistical analyses also shall be consistent | 21 | | with the data required for valid comparisons of before and | 22 | | after conditions. The statistical analyses required by this | 23 | | subsection shall be made available to the public and shall be | 24 | | published on the website of the municipality or county. If the | 25 | | statistical analysis for any period following installation of | 26 | | the system indicates that there has been an increase in the |
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| 1 | | rate of accidents at the approach to the intersection | 2 | | monitored by the system, the municipality or county shall | 3 | | undertake additional studies to determine the cause and | 4 | | severity of the accidents, and may take any action that it | 5 | | determines is necessary or appropriate to reduce the number or | 6 | | severity of the accidents at that intersection. | 7 | | (l) The compensation paid for an automated traffic law | 8 | | enforcement system
must be based on the value of the equipment | 9 | | or the services provided and may
not be based on the number of | 10 | | traffic citations issued or the revenue generated
by the | 11 | | system.
| 12 | | (l-1) No member of the General Assembly and no officer or | 13 | | employee of a municipality or county shall knowingly accept | 14 | | employment or receive compensation or fees for services from a | 15 | | vendor that provides automated traffic law enforcement system | 16 | | equipment or services to municipalities or counties. No former | 17 | | member of the General Assembly shall, within a period of 2 | 18 | | years immediately after the termination of service as a member | 19 | | of the General Assembly, knowingly accept employment or | 20 | | receive compensation or fees for services from a vendor that | 21 | | provides automated traffic law enforcement system equipment or | 22 | | services to municipalities or counties. No former officer or | 23 | | employee of a municipality or county shall, within a period of | 24 | | 2 years immediately after the termination of municipal or | 25 | | county employment, knowingly accept employment or receive | 26 | | compensation or fees for services from a vendor that provides |
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| 1 | | automated traffic law enforcement system equipment or services | 2 | | to municipalities or counties. | 3 | | (m) This Section applies only to the counties of Cook, | 4 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 5 | | to municipalities located within those counties.
| 6 | | (n) The fee for participating in a traffic education | 7 | | program under this Section shall not exceed $25. | 8 | | A low-income individual required to complete a traffic | 9 | | education program under this Section who provides proof of | 10 | | eligibility for the federal earned income tax credit under | 11 | | Section 32 of the Internal Revenue Code or the Illinois earned | 12 | | income tax credit under Section 212 of the Illinois Income Tax | 13 | | Act shall not be required to pay any fee for participating in a | 14 | | required traffic education program. | 15 | | (o) (Blank). | 16 | | (p) No person who is the lessor of a motor vehicle pursuant | 17 | | to a written lease agreement shall be liable for an automated | 18 | | speed or traffic law enforcement system violation involving | 19 | | such motor vehicle during the period of the lease; provided | 20 | | that upon the request of the appropriate authority received | 21 | | within 120 days after the violation occurred, the lessor | 22 | | provides within 60 days after such receipt the name and | 23 | | address of the lessee. | 24 | | Upon the provision of information by the lessor pursuant | 25 | | to this subsection, the county or municipality may issue the | 26 | | violation to the lessee of the vehicle in the same manner as it |
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| 1 | | would issue a violation to a registered owner of a vehicle | 2 | | pursuant to this Section, and the lessee may be held liable for | 3 | | the violation. | 4 | | (q) If a county or municipality selects a new vendor for | 5 | | its automated traffic law enforcement
system and must, as a | 6 | | consequence, apply for a permit, approval, or other | 7 | | authorization from the Department for reinstallation of one or | 8 | | more malfunctioning components of that system and if, at the | 9 | | time of the application for the permit, approval, or other | 10 | | authorization, the new vendor operates an automated traffic | 11 | | law enforcement
system for any other county or municipality in | 12 | | the State, then the Department shall approve or deny the | 13 | | county or municipality's application for the permit, approval, | 14 | | or other authorization within 90 days after its receipt. | 15 | | (r) The Department may revoke any permit, approval, or | 16 | | other authorization granted to a county or municipality for | 17 | | the placement, installation, or operation of an automated | 18 | | traffic law enforcement
system if any official or employee who | 19 | | serves that county or municipality is charged with bribery, | 20 | | official misconduct, or a similar crime related to the | 21 | | placement, installation, or operation of the automated traffic | 22 | | law enforcement
system in the county or municipality. | 23 | | The Department shall adopt any rules necessary to | 24 | | implement and administer this subsection. The rules adopted by | 25 | | the Department shall describe the revocation process, shall | 26 | | ensure that notice of the revocation is provided, and shall |
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| 1 | | provide an opportunity to appeal the revocation. Any county or | 2 | | municipality that has a permit, approval, or other | 3 | | authorization revoked under this subsection may not reapply | 4 | | for such a permit, approval, or other authorization for a | 5 | | period of 1 year after the revocation. | 6 | | (s) If an automated traffic law enforcement system is | 7 | | removed or rendered inoperable due to construction, then the | 8 | | Department shall authorize the reinstallation or use of the | 9 | | automated traffic law enforcement system within 30 days after | 10 | | the construction is complete. | 11 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | 12 | | 102-905, eff. 1-1-23; revised 12-14-22.) | 13 | | (Text of Section after amendment by P.A. 102-982 )
| 14 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 15 | | (a) As used in this Section, "automated traffic law | 16 | | enforcement
system" means a device with one or more motor | 17 | | vehicle sensors working
in conjunction with a red light signal | 18 | | to produce recorded images of
motor vehicles entering an | 19 | | intersection against a red signal
indication in violation of | 20 | | Section 11-306 of this Code or a similar provision
of a local | 21 | | ordinance.
| 22 | | An
automated traffic law enforcement system is a system, | 23 | | in a municipality or
county operated by a
governmental agency, | 24 | | that
produces a recorded image of a motor vehicle's
violation | 25 | | of a provision of this Code or a local ordinance
and is |
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| 1 | | designed to obtain a clear recorded image of the
vehicle and | 2 | | the vehicle's license plate. The recorded image must also
| 3 | | display the time, date, and location of the violation.
| 4 | | (b) As used in this Section, "recorded images" means | 5 | | images
recorded by an automated traffic law enforcement system | 6 | | on:
| 7 | | (1) 2 or more photographs;
| 8 | | (2) 2 or more microphotographs;
| 9 | | (3) 2 or more electronic images; or
| 10 | | (4) a video recording showing the motor vehicle and, | 11 | | on at
least one image or portion of the recording, clearly | 12 | | identifying the
registration plate or digital registration | 13 | | plate number of the motor vehicle.
| 14 | | (b-5) A municipality or
county that
produces a recorded | 15 | | image of a motor vehicle's
violation of a provision of this | 16 | | Code or a local ordinance must make the recorded images of a | 17 | | violation accessible to the alleged violator by providing the | 18 | | alleged violator with a website address, accessible through | 19 | | the Internet. | 20 | | (c) Except as provided under Section 11-208.8 of this | 21 | | Code, a county or municipality, including a home rule county | 22 | | or municipality, may not use an automated traffic law | 23 | | enforcement system to provide recorded images of a motor | 24 | | vehicle for the purpose of recording its speed. Except as | 25 | | provided under Section 11-208.8 of this Code, the regulation | 26 | | of the use of automated traffic law enforcement systems to |
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| 1 | | record vehicle speeds is an exclusive power and function of | 2 | | the State. This subsection (c) is a denial and limitation of | 3 | | home rule powers and functions under subsection (h) of Section | 4 | | 6 of Article VII of the Illinois Constitution.
| 5 | | (c-5) A county or municipality, including a home rule | 6 | | county or municipality, may not use an automated traffic law | 7 | | enforcement system to issue violations in instances where the | 8 | | motor vehicle comes to a complete stop and does not enter the | 9 | | intersection, as defined by Section 1-132 of this Code, during | 10 | | the cycle of the red signal indication unless one or more | 11 | | pedestrians or bicyclists are present, even if the motor | 12 | | vehicle stops at a point past a stop line or crosswalk where a | 13 | | driver is required to stop, as specified in subsection (c) of | 14 | | Section 11-306 of this Code or a similar provision of a local | 15 | | ordinance. | 16 | | (c-6) A county, or a municipality with less than 2,000,000 | 17 | | inhabitants, including a home rule county or municipality, may | 18 | | not use an automated traffic law enforcement system to issue | 19 | | violations in instances where a motorcyclist enters an | 20 | | intersection against a red signal
indication when the red | 21 | | signal fails to change to a green signal within a reasonable | 22 | | period of time not less than 120 seconds because of a signal | 23 | | malfunction or because the signal has failed to detect the | 24 | | arrival of the motorcycle due to the motorcycle's size or | 25 | | weight. | 26 | | (d) For each violation of a provision of this Code or a |
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| 1 | | local ordinance
recorded by an automatic
traffic law | 2 | | enforcement system, the county or municipality having
| 3 | | jurisdiction shall issue a written notice of the
violation to | 4 | | the registered owner of the vehicle as the alleged
violator. | 5 | | The notice shall be delivered to the registered
owner of the | 6 | | vehicle, by mail, within 30 days after the Secretary of State | 7 | | notifies the municipality or county of the identity of the | 8 | | owner of the vehicle, but in no event later than 90 days after | 9 | | the violation.
| 10 | | The notice shall include:
| 11 | | (1) the name and address of the registered owner of | 12 | | the
vehicle;
| 13 | | (2) the registration number of the motor vehicle
| 14 | | involved in the violation;
| 15 | | (3) the violation charged;
| 16 | | (4) the location where the violation occurred;
| 17 | | (5) the date and time of the violation;
| 18 | | (6) a copy of the recorded images;
| 19 | | (7) the amount of the civil penalty imposed and the | 20 | | requirements of any traffic education program imposed and | 21 | | the date
by which the civil penalty should be paid and the | 22 | | traffic education program should be completed;
| 23 | | (8) a statement that recorded images are evidence of a
| 24 | | violation of a red light signal;
| 25 | | (9) a warning that failure to pay the civil penalty, | 26 | | to complete a required traffic education program, or to
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| 1 | | contest liability in a timely manner is an admission of
| 2 | | liability;
| 3 | | (10) a statement that the person may elect to proceed | 4 | | by:
| 5 | | (A) paying the fine, completing a required traffic | 6 | | education program, or both; or
| 7 | | (B) challenging the charge in court, by mail, or | 8 | | by administrative hearing; and
| 9 | | (11) a website address, accessible through the | 10 | | Internet, where the person may view the recorded images of | 11 | | the violation. | 12 | | (e) (Blank).
| 13 | | (f) Based on inspection of recorded images produced by an
| 14 | | automated traffic law enforcement system, a notice alleging | 15 | | that the violation occurred shall be evidence of the facts | 16 | | contained
in the notice and admissible in any proceeding | 17 | | alleging a
violation under this Section.
| 18 | | (g) Recorded images made by an automatic traffic law
| 19 | | enforcement system are confidential and shall be made
| 20 | | available only to the alleged violator and governmental and
| 21 | | law enforcement agencies for purposes of adjudicating a
| 22 | | violation of this Section, for statistical purposes, or for | 23 | | other governmental purposes. Any recorded image evidencing a
| 24 | | violation of this Section, however, may be admissible in
any | 25 | | proceeding resulting from the issuance of the citation.
| 26 | | (h) The court or hearing officer may consider in defense |
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| 1 | | of a violation:
| 2 | | (1) that the motor vehicle or registration plates or | 3 | | digital registration plates of the motor
vehicle were | 4 | | stolen before the violation occurred and not
under the | 5 | | control of or in the possession of the owner or lessee at
| 6 | | the time of the violation;
| 7 | | (1.5) that the motor vehicle was hijacked before the | 8 | | violation occurred and not under the control of or in the | 9 | | possession of the owner or lessee at the time of the | 10 | | violation; | 11 | | (2) that the driver of the vehicle passed through the
| 12 | | intersection when the light was red either (i) in order to
| 13 | | yield the right-of-way to an emergency vehicle or (ii) as
| 14 | | part of a funeral procession; and
| 15 | | (3) any other evidence or issues provided by municipal | 16 | | or county ordinance.
| 17 | | (i) To demonstrate that the motor vehicle was hijacked or | 18 | | the motor vehicle or registration
plates or digital | 19 | | registration plates were stolen before the violation occurred | 20 | | and were not under the
control or possession of the owner or | 21 | | lessee at the time of the violation, the
owner or lessee must | 22 | | submit proof that a report concerning the
motor vehicle or | 23 | | registration plates was filed with a law enforcement agency in | 24 | | a timely manner.
| 25 | | (j) Unless the driver of the motor vehicle received a | 26 | | Uniform
Traffic Citation from a police officer at the time of |
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| 1 | | the violation,
the motor vehicle owner is subject to a civil | 2 | | penalty not exceeding
$100 or the completion of a traffic | 3 | | education program, or both, plus an additional penalty of not | 4 | | more than $100 for failure to pay the original penalty or to | 5 | | complete a required traffic education program, or both, in a | 6 | | timely manner, if the motor vehicle is recorded by an | 7 | | automated traffic law
enforcement system. A violation for | 8 | | which a civil penalty is imposed
under this Section is not a | 9 | | violation of a traffic regulation governing
the movement of | 10 | | vehicles and may not be recorded on the driving record
of the | 11 | | owner of the vehicle.
| 12 | | (j-3) A registered owner who is a holder of a valid | 13 | | commercial driver's license is not required to complete a | 14 | | traffic education program. | 15 | | (j-5) For purposes of the required traffic education | 16 | | program only, a registered owner may submit an affidavit to | 17 | | the court or hearing officer swearing that at the time of the | 18 | | alleged violation, the vehicle was in the custody and control | 19 | | of another person. The affidavit must identify the person in | 20 | | custody and control of the vehicle, including the person's | 21 | | name and current address. The person in custody and control of | 22 | | the vehicle at the time of the violation is required to | 23 | | complete the required traffic education program. If the person | 24 | | in custody and control of the vehicle at the time of the | 25 | | violation completes the required traffic education program, | 26 | | the registered owner of the vehicle is not required to |
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| 1 | | complete a traffic education program. | 2 | | (k) An intersection equipped with an automated traffic law
| 3 | | enforcement system must be posted with a sign visible to | 4 | | approaching traffic
indicating that the intersection is being | 5 | | monitored by an automated
traffic law enforcement system and
| 6 | | informing drivers whether, following a stop, a right turn at
| 7 | | the intersection is permitted or prohibited . | 8 | | (k-3) A municipality or
county that has one or more | 9 | | intersections equipped with an automated traffic law
| 10 | | enforcement system must provide notice to drivers by posting | 11 | | the locations of automated traffic law systems on the | 12 | | municipality or county website.
| 13 | | (k-5) An intersection equipped with an automated traffic | 14 | | law
enforcement system must have a yellow change interval that | 15 | | conforms with the Illinois Manual on Uniform Traffic Control | 16 | | Devices (IMUTCD) published by the Illinois Department of | 17 | | Transportation. Beginning 6 months before it installs an | 18 | | automated traffic law enforcement system at an intersection, a | 19 | | county or municipality may not change the yellow change | 20 | | interval at that intersection. | 21 | | (k-7) A municipality or county operating an automated | 22 | | traffic law enforcement system shall conduct a statistical | 23 | | analysis to assess the safety impact of each automated traffic | 24 | | law enforcement system at an intersection following | 25 | | installation of the system and every 2 years thereafter . Each | 26 | | The statistical analysis shall be based upon the best |
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| 1 | | available crash, traffic, and other data, and shall cover a | 2 | | period of time before and after installation of the system | 3 | | sufficient to provide a statistically valid comparison of | 4 | | safety impact. Each The statistical analysis shall be | 5 | | consistent with professional judgment and acceptable industry | 6 | | practice. Each The statistical analysis also shall be | 7 | | consistent with the data required for valid comparisons of | 8 | | before and after conditions and shall be conducted within a | 9 | | reasonable period following the installation of the automated | 10 | | traffic law enforcement system. Each The statistical analysis | 11 | | required by this subsection (k-7) shall be made available to | 12 | | the public and shall be published on the website of the | 13 | | municipality or county. If a the statistical analysis for the | 14 | | 36 month period following installation of the system indicates | 15 | | that there has been an increase in the rate of crashes at the | 16 | | approach to the intersection monitored by the system, the | 17 | | municipality or county shall undertake additional studies to | 18 | | determine the cause and severity of the crashes, and may take | 19 | | any action that it determines is necessary or appropriate to | 20 | | reduce the number or severity of the crashes at that | 21 | | intersection. | 22 | | (k-8) Any municipality or county operating an automated | 23 | | traffic law enforcement system before the effective date of | 24 | | this amendatory Act of the 103rd General Assembly shall | 25 | | conduct a statistical analysis to assess the safety impact of | 26 | | each automated traffic law enforcement system at an |
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| 1 | | intersection by no later than one year after the effective | 2 | | date of this amendatory Act of the 103rd General Assembly and | 3 | | every 2 years thereafter. The statistical analyses shall be | 4 | | based upon the best available crash, traffic, and other data, | 5 | | and shall cover a period of time before and after installation | 6 | | of the system sufficient to provide a statistically valid | 7 | | comparison of safety impact. The statistical analyses shall be | 8 | | consistent with professional judgment and acceptable industry | 9 | | practice. The statistical analyses also shall be consistent | 10 | | with the data required for valid comparisons of before and | 11 | | after conditions. The statistical analyses required by this | 12 | | subsection shall be made available to the public and shall be | 13 | | published on the website of the municipality or county. If the | 14 | | statistical analysis for any period following installation of | 15 | | the system indicates that there has been an increase in the | 16 | | rate of accidents at the approach to the intersection | 17 | | monitored by the system, the municipality or county shall | 18 | | undertake additional studies to determine the cause and | 19 | | severity of the accidents, and may take any action that it | 20 | | determines is necessary or appropriate to reduce the number or | 21 | | severity of the accidents at that intersection. | 22 | | (l) The compensation paid for an automated traffic law | 23 | | enforcement system
must be based on the value of the equipment | 24 | | or the services provided and may
not be based on the number of | 25 | | traffic citations issued or the revenue generated
by the | 26 | | system.
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| 1 | | (l-1) No member of the General Assembly and no officer or | 2 | | employee of a municipality or county shall knowingly accept | 3 | | employment or receive compensation or fees for services from a | 4 | | vendor that provides automated traffic law enforcement system | 5 | | equipment or services to municipalities or counties. No former | 6 | | member of the General Assembly shall, within a period of 2 | 7 | | years immediately after the termination of service as a member | 8 | | of the General Assembly, knowingly accept employment or | 9 | | receive compensation or fees for services from a vendor that | 10 | | provides automated traffic law enforcement system equipment or | 11 | | services to municipalities or counties. No former officer or | 12 | | employee of a municipality or county shall, within a period of | 13 | | 2 years immediately after the termination of municipal or | 14 | | county employment, knowingly accept employment or receive | 15 | | compensation or fees for services from a vendor that provides | 16 | | automated traffic law enforcement system equipment or services | 17 | | to municipalities or counties. | 18 | | (m) This Section applies only to the counties of Cook, | 19 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 20 | | to municipalities located within those counties.
| 21 | | (n) The fee for participating in a traffic education | 22 | | program under this Section shall not exceed $25. | 23 | | A low-income individual required to complete a traffic | 24 | | education program under this Section who provides proof of | 25 | | eligibility for the federal earned income tax credit under | 26 | | Section 32 of the Internal Revenue Code or the Illinois earned |
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| 1 | | income tax credit under Section 212 of the Illinois Income Tax | 2 | | Act shall not be required to pay any fee for participating in a | 3 | | required traffic education program. | 4 | | (o) (Blank). | 5 | | (p) No person who is the lessor of a motor vehicle pursuant | 6 | | to a written lease agreement shall be liable for an automated | 7 | | speed or traffic law enforcement system violation involving | 8 | | such motor vehicle during the period of the lease; provided | 9 | | that upon the request of the appropriate authority received | 10 | | within 120 days after the violation occurred, the lessor | 11 | | provides within 60 days after such receipt the name and | 12 | | address of the lessee. | 13 | | Upon the provision of information by the lessor pursuant | 14 | | to this subsection, the county or municipality may issue the | 15 | | violation to the lessee of the vehicle in the same manner as it | 16 | | would issue a violation to a registered owner of a vehicle | 17 | | pursuant to this Section, and the lessee may be held liable for | 18 | | the violation. | 19 | | (q) If a county or municipality selects a new vendor for | 20 | | its automated traffic law enforcement
system and must, as a | 21 | | consequence, apply for a permit, approval, or other | 22 | | authorization from the Department for reinstallation of one or | 23 | | more malfunctioning components of that system and if, at the | 24 | | time of the application for the permit, approval, or other | 25 | | authorization, the new vendor operates an automated traffic | 26 | | law enforcement
system for any other county or municipality in |
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| 1 | | the State, then the Department shall approve or deny the | 2 | | county or municipality's application for the permit, approval, | 3 | | or other authorization within 90 days after its receipt. | 4 | | (r) The Department may revoke any permit, approval, or | 5 | | other authorization granted to a county or municipality for | 6 | | the placement, installation, or operation of an automated | 7 | | traffic law enforcement
system if any official or employee who | 8 | | serves that county or municipality is charged with bribery, | 9 | | official misconduct, or a similar crime related to the | 10 | | placement, installation, or operation of the automated traffic | 11 | | law enforcement
system in the county or municipality. | 12 | | The Department shall adopt any rules necessary to | 13 | | implement and administer this subsection. The rules adopted by | 14 | | the Department shall describe the revocation process, shall | 15 | | ensure that notice of the revocation is provided, and shall | 16 | | provide an opportunity to appeal the revocation. Any county or | 17 | | municipality that has a permit, approval, or other | 18 | | authorization revoked under this subsection may not reapply | 19 | | for such a permit, approval, or other authorization for a | 20 | | period of 1 year after the revocation. | 21 | | (s) If an automated traffic law enforcement system is | 22 | | removed or rendered inoperable due to construction, then the | 23 | | Department shall authorize the reinstallation or use of the | 24 | | automated traffic law enforcement system within 30 days after | 25 | | the construction is complete. | 26 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; |
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| 1 | | 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.) | 2 | | (625 ILCS 5/11-208.8) | 3 | | Sec. 11-208.8. Automated speed enforcement systems in | 4 | | safety zones. | 5 | | (a) As used in this Section: | 6 | | "Automated speed enforcement
system" means a photographic | 7 | | device, radar device, laser device, or other electrical or | 8 | | mechanical device or devices installed or utilized in a safety | 9 | | zone and designed to record the speed of a vehicle and obtain a | 10 | | clear photograph or other recorded image of the vehicle and | 11 | | the vehicle's registration plate or digital registration plate | 12 | | while the driver is violating Article VI of Chapter 11 of this | 13 | | Code or a similar provision of a local ordinance. | 14 | | An automated speed enforcement system is a system, located | 15 | | in a safety zone which is under the jurisdiction of a | 16 | | municipality, that produces a recorded image of a motor | 17 | | vehicle's violation of a provision of this Code or a local | 18 | | ordinance and is designed to obtain a clear recorded image of | 19 | | the vehicle and the vehicle's license plate. The recorded | 20 | | image must also display the time, date, and location of the | 21 | | violation. | 22 | | "Owner" means the person or entity to whom the vehicle is | 23 | | registered. | 24 | | "Recorded image" means images
recorded by an automated | 25 | | speed enforcement system on: |
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| 1 | | (1) 2 or more photographs; | 2 | | (2) 2 or more microphotographs; | 3 | | (3) 2 or more electronic images; or | 4 | | (4) a video recording showing the motor vehicle and, | 5 | | on at
least one image or portion of the recording, clearly | 6 | | identifying the
registration plate or digital registration | 7 | | plate number of the motor vehicle. | 8 | | "Safety zone" means an area that is within one-eighth of a | 9 | | mile from the nearest property line of any public or private | 10 | | elementary or secondary school, or from the nearest property | 11 | | line of any facility, area, or land owned by a school district | 12 | | that is used for educational purposes approved by the Illinois | 13 | | State Board of Education, not including school district | 14 | | headquarters or administrative buildings. A safety zone also | 15 | | includes an area that is within one-eighth of a mile from the | 16 | | nearest property line of any facility, area, or land owned by a | 17 | | park district used for recreational purposes. However, if any | 18 | | portion of a roadway is within either one-eighth mile radius, | 19 | | the safety zone also shall include the roadway extended to the | 20 | | furthest portion of the next furthest intersection. The term | 21 | | "safety zone" does not include any portion of the roadway | 22 | | known as Lake Shore Drive or any controlled access highway | 23 | | with 8 or more lanes of traffic. | 24 | | (a-5) The automated speed enforcement system shall be | 25 | | operational and violations shall be recorded only at the | 26 | | following times: |
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| 1 | | (i) if the safety zone is based upon the property line | 2 | | of any facility, area, or land owned by a school district, | 3 | | only on school days and no earlier than 6 a.m. and no later | 4 | | than 8:30 p.m. if the school day is during the period of | 5 | | Monday through Thursday, or 9 p.m. if the school day is a | 6 | | Friday; and | 7 | | (ii) if the safety zone is based upon the property | 8 | | line of any facility, area, or land owned by a park | 9 | | district, no earlier than one hour prior to the time that | 10 | | the facility, area, or land is open to the public or other | 11 | | patrons, and no later than one hour after the facility, | 12 | | area, or land is closed to the public or other patrons. | 13 | | (b) A municipality that
produces a recorded image of a | 14 | | motor vehicle's
violation of a provision of this Code or a | 15 | | local ordinance must make the recorded images of a violation | 16 | | accessible to the alleged violator by providing the alleged | 17 | | violator with a website address, accessible through the | 18 | | Internet. | 19 | | (c) Notwithstanding any penalties for any other violations | 20 | | of this Code, the owner of a motor vehicle used in a traffic | 21 | | violation recorded by an automated speed enforcement system | 22 | | shall be subject to the following penalties: | 23 | | (1) if the recorded speed is no less than 6 miles per | 24 | | hour and no more than 10 miles per hour over the legal | 25 | | speed limit, a civil penalty not exceeding $50, plus an | 26 | | additional penalty of not more than $50 for failure to pay |
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| 1 | | the original penalty in a timely manner; or | 2 | | (2) if the recorded speed is more than 10 miles per | 3 | | hour over the legal speed limit, a civil penalty not | 4 | | exceeding $100, plus an additional penalty of not more | 5 | | than $100 for failure to pay the original penalty in a | 6 | | timely manner. | 7 | | A penalty may not be imposed under this Section if the | 8 | | driver of the motor vehicle received a Uniform Traffic | 9 | | Citation from a police officer for a speeding violation | 10 | | occurring within one-eighth of a mile and 15 minutes of the | 11 | | violation that was recorded by the system. A violation for | 12 | | which a civil penalty is imposed
under this Section is not a | 13 | | violation of a traffic regulation governing
the movement of | 14 | | vehicles and may not be recorded on the driving record
of the | 15 | | owner of the vehicle. A law enforcement officer is not | 16 | | required to be present or to witness the violation. No penalty | 17 | | may be imposed under this Section if the recorded speed of a | 18 | | vehicle is 5 miles per hour or less over the legal speed limit. | 19 | | The municipality may send, in the same manner that notices are | 20 | | sent under this Section, a speed violation warning notice | 21 | | where the violation involves a speed of 5 miles per hour or | 22 | | less above the legal speed limit. | 23 | | (d) The net proceeds that a municipality receives from | 24 | | civil penalties imposed under an automated speed enforcement | 25 | | system, after deducting all non-personnel and personnel costs | 26 | | associated with the operation and maintenance of such system, |
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| 1 | | shall be expended or obligated by the municipality for the | 2 | | following purposes: | 3 | | (i) public safety initiatives to ensure safe passage | 4 | | around schools, and to provide police protection and | 5 | | surveillance around schools and parks, including but not | 6 | | limited to:
(1) personnel costs; and
(2) non-personnel | 7 | | costs such as construction and maintenance of public | 8 | | safety infrastructure and equipment; | 9 | | (ii) initiatives to improve pedestrian and traffic | 10 | | safety; | 11 | | (iii) construction and maintenance of infrastructure | 12 | | within the municipality, including but not limited to | 13 | | roads and bridges; and | 14 | | (iv) after school programs. | 15 | | (e) For each violation of a provision of this Code or a | 16 | | local ordinance
recorded by an automated speed enforcement | 17 | | system, the municipality having
jurisdiction shall issue a | 18 | | written notice of the
violation to the registered owner of the | 19 | | vehicle as the alleged
violator. The notice shall be delivered | 20 | | to the registered
owner of the vehicle, by mail, within 30 days | 21 | | after the Secretary of State notifies the municipality of the | 22 | | identity of the owner of the vehicle, but in no event later | 23 | | than 90 days after the violation. | 24 | | (f) The notice required under subsection (e) of this | 25 | | Section shall include: | 26 | | (1) the name and address of the registered owner of |
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| 1 | | the
vehicle; | 2 | | (2) the registration number of the motor vehicle
| 3 | | involved in the violation; | 4 | | (3) the violation charged; | 5 | | (4) the date, time, and location where the violation | 6 | | occurred; | 7 | | (5) a copy of the recorded image or images; | 8 | | (6) the amount of the civil penalty imposed and the | 9 | | date
by which the civil penalty should be paid; | 10 | | (7) a statement that recorded images are evidence of a
| 11 | | violation of a speed restriction; | 12 | | (8) a warning that failure to pay the civil penalty or | 13 | | to
contest liability in a timely manner is an admission of
| 14 | | liability; | 15 | | (9) a statement that the person may elect to proceed | 16 | | by: | 17 | | (A) paying the fine; or | 18 | | (B) challenging the charge in court, by mail, or | 19 | | by administrative hearing; and | 20 | | (10) a website address, accessible through the
| 21 | | Internet, where the person may view the recorded images of | 22 | | the violation. | 23 | | (g) (Blank). | 24 | | (h) Based on inspection of recorded images produced by an
| 25 | | automated speed enforcement system, a notice alleging that the | 26 | | violation occurred shall be evidence of the facts contained
in |
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| 1 | | the notice and admissible in any proceeding alleging a
| 2 | | violation under this Section. | 3 | | (i) Recorded images made by an automated speed
enforcement | 4 | | system are confidential and shall be made
available only to | 5 | | the alleged violator and governmental and
law enforcement | 6 | | agencies for purposes of adjudicating a
violation of this | 7 | | Section, for statistical purposes, or for other governmental | 8 | | purposes. Any recorded image evidencing a
violation of this | 9 | | Section, however, may be admissible in
any proceeding | 10 | | resulting from the issuance of the citation. | 11 | | (j) The court or hearing officer may consider in defense | 12 | | of a violation: | 13 | | (1) that the motor vehicle or registration plates or | 14 | | digital registration plates of the motor
vehicle were | 15 | | stolen before the violation occurred and not
under the | 16 | | control or in the possession of the owner or lessee at
the | 17 | | time of the violation; | 18 | | (1.5) that the motor vehicle was hijacked before the | 19 | | violation occurred and not under the control of or in the | 20 | | possession of the owner or lessee at the time of the | 21 | | violation; | 22 | | (2) that the driver of the motor vehicle received a | 23 | | Uniform Traffic Citation from a police officer for a | 24 | | speeding violation occurring within one-eighth of a mile | 25 | | and 15 minutes of the violation that was recorded by the | 26 | | system; and |
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| 1 | | (3) any other evidence or issues provided by municipal | 2 | | ordinance. | 3 | | (k) To demonstrate that the motor vehicle was hijacked or | 4 | | the motor vehicle or registration
plates or digital | 5 | | registration plates were stolen before the violation occurred | 6 | | and were not under the
control or possession of the owner or | 7 | | lessee at the time of the violation, the
owner or lessee must | 8 | | submit proof that a report concerning the
motor vehicle or | 9 | | registration plates was filed with a law enforcement agency in | 10 | | a timely manner. | 11 | | (l) A roadway equipped with an automated speed enforcement | 12 | | system shall be posted with a sign conforming to the national | 13 | | Manual on Uniform Traffic Control Devices that is visible to | 14 | | approaching traffic stating that vehicle speeds are being | 15 | | photo-enforced and indicating the speed limit. The | 16 | | municipality shall install such additional signage as it | 17 | | determines is necessary to give reasonable notice to drivers | 18 | | as to where automated speed enforcement systems are installed. | 19 | | (m) A roadway where a new automated speed enforcement | 20 | | system is installed shall be posted with signs providing 30 | 21 | | days notice of the use of a new automated speed enforcement | 22 | | system prior to the issuance of any citations through the | 23 | | automated speed enforcement system. | 24 | | (n) The compensation paid for an automated speed | 25 | | enforcement system
must be based on the value of the equipment | 26 | | or the services provided and may
not be based on the number of |
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| 1 | | traffic citations issued or the revenue generated
by the | 2 | | system. | 3 | | (n-1) No member of the General Assembly and no officer or | 4 | | employee of a municipality or county shall knowingly accept | 5 | | employment or receive compensation or fees for services from a | 6 | | vendor that provides automated speed enforcement system | 7 | | equipment or services to municipalities or counties. No former | 8 | | member of the General Assembly shall, within a period of 2 | 9 | | years immediately after the termination of service as a member | 10 | | of the General Assembly, knowingly accept employment or | 11 | | receive compensation or fees for services from a vendor that | 12 | | provides automated speed enforcement system equipment or | 13 | | services to municipalities or counties. No former officer or | 14 | | employee of a municipality or county shall, within a period of | 15 | | 2 years immediately after the termination of municipal or | 16 | | county employment, knowingly accept employment or receive | 17 | | compensation or fees for services from a vendor that provides | 18 | | automated speed enforcement system equipment or services to | 19 | | municipalities or counties. | 20 | | (o) (Blank). | 21 | | (p) No person who is the lessor of a motor vehicle pursuant | 22 | | to a written lease agreement shall be liable for an automated | 23 | | speed or traffic law enforcement system violation involving | 24 | | such motor vehicle during the period of the lease; provided | 25 | | that upon the request of the appropriate authority received | 26 | | within 120 days after the violation occurred, the lessor |
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| 1 | | provides within 60 days after such receipt the name and | 2 | | address of the lessee. The drivers license number of a lessee | 3 | | may be subsequently individually requested by the appropriate | 4 | | authority if needed for enforcement of this Section. | 5 | | Upon the provision of information by the lessor pursuant | 6 | | to this subsection, the municipality may issue the violation | 7 | | to the lessee of the vehicle in the same manner as it would | 8 | | issue a violation to a registered owner of a vehicle pursuant | 9 | | to this Section, and the lessee may be held liable for the | 10 | | violation. | 11 | | (q) A municipality using an automated speed enforcement | 12 | | system must provide notice to drivers by publishing the | 13 | | locations of all safety zones where system equipment is | 14 | | installed on the website of the municipality. | 15 | | (r) A municipality operating an automated speed | 16 | | enforcement system shall conduct a statistical analysis to | 17 | | assess the safety impact of the system following installation | 18 | | of the system and every 2 years thereafter. A municipality | 19 | | operating an automated speed enforcement system before the | 20 | | effective date of this amendatory Act of the 103rd General | 21 | | Assembly shall conduct a statistical analysis to assess the | 22 | | safety impact of the system by no later than one year after the | 23 | | effective date of this amendatory Act of the 103rd General | 24 | | Assembly and every 2 years thereafter . Each The statistical | 25 | | analysis shall be based upon the best available crash, | 26 | | traffic, and other data, and shall cover a period of time |
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| 1 | | before and after installation of the system sufficient to | 2 | | provide a statistically valid comparison of safety impact. | 3 | | Each The statistical analysis shall be consistent with | 4 | | professional judgment and acceptable industry practice. Each | 5 | | The statistical analysis also shall be consistent with the | 6 | | data required for valid comparisons of before and after | 7 | | conditions and shall be conducted within a reasonable period | 8 | | following the installation of the automated traffic law | 9 | | enforcement system. Each The statistical analysis required by | 10 | | this subsection shall be made available to the public and | 11 | | shall be published on the website of the municipality. | 12 | | (s) This Section applies only to municipalities with a | 13 | | population of 1,000,000 or more inhabitants.
| 14 | | (t) If a county or municipality selects a new vendor for | 15 | | its automated speed enforcement
system and must, as a | 16 | | consequence, apply for a permit, approval, or other | 17 | | authorization from the Department for reinstallation of one or | 18 | | more malfunctioning components of that system and if, at the | 19 | | time of the application for the permit, approval, or other | 20 | | authorization, the new vendor operates an automated speed | 21 | | enforcement
system for any other county or municipality in the | 22 | | State, then the Department shall approve or deny the county or | 23 | | municipality's application for the permit, approval, or other | 24 | | authorization within 90 days after its receipt. | 25 | | (u) The Department may revoke any permit, approval, or | 26 | | other authorization granted to a county or municipality for |
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| 1 | | the placement, installation, or operation of an automated | 2 | | speed enforcement
system if any official or employee who | 3 | | serves that county or municipality is charged with bribery, | 4 | | official misconduct, or a similar crime related to the | 5 | | placement, installation, or operation of the automated speed | 6 | | enforcement
system in the county or municipality. | 7 | | The Department shall adopt any rules necessary to | 8 | | implement and administer this subsection. The rules adopted by | 9 | | the Department shall describe the revocation process, shall | 10 | | ensure that notice of the revocation is provided, and shall | 11 | | provide an opportunity to appeal the revocation. Any county or | 12 | | municipality that has a permit, approval, or other | 13 | | authorization revoked under this subsection may not reapply | 14 | | for such a permit, approval, or other authorization for a | 15 | | period of 1 year after the revocation. | 16 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | 17 | | 102-905, eff. 1-1-23 .)
| 18 | | (625 ILCS 5/11-208.9)
| 19 | | (Text of Section before amendment by P.A. 102-982 ) | 20 | | Sec. 11-208.9. Automated traffic law enforcement system; | 21 | | approaching, overtaking, and passing a school bus. | 22 | | (a) As used in this Section, "automated traffic law | 23 | | enforcement
system" means a device with one or more motor | 24 | | vehicle sensors working
in conjunction with the visual signals | 25 | | on a school bus, as specified in Sections 12-803 and 12-805 of |
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| 1 | | this Code, to produce recorded images of
motor vehicles that | 2 | | fail to stop before meeting or overtaking, from either | 3 | | direction, any school bus stopped at any location for the | 4 | | purpose of receiving or discharging pupils in violation of | 5 | | Section 11-1414 of this Code or a similar provision
of a local | 6 | | ordinance. | 7 | | An
automated traffic law enforcement system is a system, | 8 | | in a municipality or
county operated by a
governmental agency, | 9 | | that
produces a recorded image of a motor vehicle's
violation | 10 | | of a provision of this Code or a local ordinance
and is | 11 | | designed to obtain a clear recorded image of the
vehicle and | 12 | | the vehicle's license plate. The recorded image must also
| 13 | | display the time, date, and location of the violation. | 14 | | (b) As used in this Section, "recorded images" means | 15 | | images
recorded by an automated traffic law enforcement system | 16 | | on: | 17 | | (1) 2 or more photographs; | 18 | | (2) 2 or more microphotographs; | 19 | | (3) 2 or more electronic images; or | 20 | | (4) a video recording showing the motor vehicle and, | 21 | | on at
least one image or portion of the recording, clearly | 22 | | identifying the
registration plate or digital registration | 23 | | plate number of the motor vehicle. | 24 | | (c) A municipality or
county that
produces a recorded | 25 | | image of a motor vehicle's
violation of a provision of this | 26 | | Code or a local ordinance must make the recorded images of a |
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| 1 | | violation accessible to the alleged violator by providing the | 2 | | alleged violator with a website address, accessible through | 3 | | the Internet. | 4 | | (d) For each violation of a provision of this Code or a | 5 | | local ordinance
recorded by an automated
traffic law | 6 | | enforcement system, the county or municipality having
| 7 | | jurisdiction shall issue a written notice of the
violation to | 8 | | the registered owner of the vehicle as the alleged
violator. | 9 | | The notice shall be delivered to the registered
owner of the | 10 | | vehicle, by mail, within 30 days after the Secretary of State | 11 | | notifies the municipality or county of the identity of the | 12 | | owner of the vehicle, but in no event later than 90 days after | 13 | | the violation. | 14 | | (e) The notice required under subsection (d) shall | 15 | | include: | 16 | | (1) the name and address of the registered owner of | 17 | | the
vehicle; | 18 | | (2) the registration number of the motor vehicle
| 19 | | involved in the violation; | 20 | | (3) the violation charged; | 21 | | (4) the location where the violation occurred; | 22 | | (5) the date and time of the violation; | 23 | | (6) a copy of the recorded images; | 24 | | (7) the amount of the civil penalty imposed and the | 25 | | date
by which the civil penalty should be paid; | 26 | | (8) a statement that recorded images are evidence of a
|
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| 1 | | violation of overtaking or passing a school bus stopped | 2 | | for the purpose of receiving or discharging pupils; | 3 | | (9) a warning that failure to pay the civil penalty or | 4 | | to
contest liability in a timely manner is an admission of
| 5 | | liability; | 6 | | (10) a statement that the person may elect to proceed | 7 | | by: | 8 | | (A) paying the fine; or | 9 | | (B) challenging the charge in court, by mail, or | 10 | | by administrative hearing; and | 11 | | (11) a website address, accessible through the | 12 | | Internet, where the person may view the recorded images of | 13 | | the violation. | 14 | | (f) (Blank). | 15 | | (g) Based on inspection of recorded images produced by an
| 16 | | automated traffic law enforcement system, a notice alleging | 17 | | that the violation occurred shall be evidence of the facts | 18 | | contained
in the notice and admissible in any proceeding | 19 | | alleging a
violation under this Section. | 20 | | (h) Recorded images made by an automated traffic law
| 21 | | enforcement system are confidential and shall be made
| 22 | | available only to the alleged violator and governmental and
| 23 | | law enforcement agencies for purposes of adjudicating a
| 24 | | violation of this Section, for statistical purposes, or for | 25 | | other governmental purposes. Any recorded image evidencing a
| 26 | | violation of this Section, however, may be admissible in
any |
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| 1 | | proceeding resulting from the issuance of the citation. | 2 | | (i) The court or hearing officer may consider in defense | 3 | | of a violation: | 4 | | (1) that the motor vehicle or registration plates or | 5 | | digital registration plates of the motor
vehicle were | 6 | | stolen before the violation occurred and not
under the | 7 | | control of or in the possession of the owner or lessee at
| 8 | | the time of the violation; | 9 | | (1.5) that the motor vehicle was hijacked before the | 10 | | violation occurred and not under the control of or in the | 11 | | possession of the owner or lessee at the time of the | 12 | | violation; | 13 | | (2) that the driver of the motor vehicle received a | 14 | | Uniform Traffic Citation from a police officer for a | 15 | | violation of Section 11-1414 of this Code within | 16 | | one-eighth of a mile and 15 minutes of the violation that | 17 | | was recorded by the system; | 18 | | (3) that the visual signals required by Sections | 19 | | 12-803 and 12-805 of this Code were damaged, not | 20 | | activated, not present in violation of Sections 12-803 and | 21 | | 12-805, or inoperable; and | 22 | | (4) any other evidence or issues provided by municipal | 23 | | or county ordinance. | 24 | | (j) 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 | | (k) Unless the driver of the motor vehicle received a | 7 | | Uniform
Traffic Citation from a police officer at the time of | 8 | | the violation,
the motor vehicle owner is subject to a civil | 9 | | penalty not exceeding
$150 for a first time violation or $500 | 10 | | for a second or subsequent violation, plus an additional | 11 | | penalty of not more than $100 for failure to pay the original | 12 | | penalty in a timely manner, if the motor vehicle is recorded by | 13 | | an automated traffic law
enforcement system. A violation for | 14 | | which a civil penalty is imposed
under this Section is not a | 15 | | violation of a traffic regulation governing
the movement of | 16 | | vehicles and may not be recorded on the driving record
of the | 17 | | owner of the vehicle, but may be recorded by the municipality | 18 | | or county for the purpose of determining if a person is subject | 19 | | to the higher fine for a second or subsequent offense. | 20 | | (l) A school bus equipped with an automated traffic law
| 21 | | enforcement system must be posted with a sign indicating that | 22 | | the school bus is being monitored by an automated
traffic law | 23 | | enforcement system. | 24 | | (m) A municipality or
county that has one or more school | 25 | | buses equipped with an automated traffic law
enforcement | 26 | | system must provide notice to drivers by posting a list of |
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| 1 | | school districts using school buses equipped with an automated | 2 | | traffic law enforcement system on the municipality or county | 3 | | website. School districts that have one or more school buses | 4 | | equipped with an automated traffic law enforcement system must | 5 | | provide notice to drivers by posting that information on their | 6 | | websites. | 7 | | (n) A municipality or county operating an automated | 8 | | traffic law enforcement system shall conduct a statistical | 9 | | analysis to assess the safety impact in each school district | 10 | | using school buses equipped with an automated traffic law | 11 | | enforcement system following installation of the system and | 12 | | every 2 years thereafter. A municipality or county operating | 13 | | an automated speed enforcement system before the effective | 14 | | date of this amendatory Act of the 103rd General Assembly | 15 | | shall conduct a statistical analysis to assess the safety | 16 | | impact of the system by no later than one year after the | 17 | | effective date of this amendatory Act of the 103rd General | 18 | | Assembly and every 2 years thereafter . Each The statistical | 19 | | analysis shall be based upon the best available crash, | 20 | | traffic, and other data, and shall cover a period of time | 21 | | before and after installation of the system sufficient to | 22 | | provide a statistically valid comparison of safety impact. | 23 | | Each The statistical analysis shall be consistent with | 24 | | professional judgment and acceptable industry practice. Each | 25 | | The statistical analysis also shall be consistent with the | 26 | | data required for valid comparisons of before and after |
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| 1 | | conditions and shall be conducted within a reasonable period | 2 | | following the installation of the automated traffic law | 3 | | enforcement system. Each The statistical analysis required by | 4 | | this subsection shall be made available to the public and | 5 | | shall be published on the website of the municipality or | 6 | | county. If a the statistical analysis for the 36-month period | 7 | | following installation of the system indicates that there has | 8 | | been an increase in the rate of accidents at the approach to | 9 | | school buses monitored by the system, the municipality or | 10 | | county shall undertake additional studies to determine the | 11 | | cause and severity of the accidents, and may take any action | 12 | | that it determines is necessary or appropriate to reduce the | 13 | | number or severity of the accidents involving school buses | 14 | | equipped with an automated traffic law enforcement system. | 15 | | (o) The compensation paid for an automated traffic law | 16 | | enforcement system
must be based on the value of the equipment | 17 | | or the services provided and may
not be based on the number of | 18 | | traffic citations issued or the revenue generated
by the | 19 | | system. | 20 | | (o-1) No member of the General Assembly and no officer or | 21 | | employee of a municipality or county shall knowingly accept | 22 | | employment or receive compensation or fees for services from a | 23 | | vendor that provides automated traffic law enforcement system | 24 | | equipment or services to municipalities or counties. No former | 25 | | member of the General Assembly shall, within a period of 2 | 26 | | years immediately after the termination of service as a member |
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| 1 | | of the General Assembly, knowingly accept employment or | 2 | | receive compensation or fees for services from a vendor that | 3 | | provides automated traffic law enforcement system equipment or | 4 | | services to municipalities or counties. No former officer or | 5 | | employee of a municipality or county shall, within a period of | 6 | | 2 years immediately after the termination of municipal or | 7 | | county employment, knowingly accept employment or receive | 8 | | compensation or fees for services from a vendor that provides | 9 | | automated traffic law enforcement system equipment or services | 10 | | to municipalities or counties. | 11 | | (p) No person who is the lessor of a motor vehicle pursuant | 12 | | to a written lease agreement shall be liable for an automated | 13 | | speed or traffic law enforcement system violation involving | 14 | | such motor vehicle during the period of the lease; provided | 15 | | that upon the request of the appropriate authority received | 16 | | within 120 days after the violation occurred, the lessor | 17 | | provides within 60 days after such receipt the name and | 18 | | address of the lessee. | 19 | | Upon the provision of information by the lessor pursuant | 20 | | to this subsection, the county or municipality may issue the | 21 | | violation to the lessee of the vehicle in the same manner as it | 22 | | would issue a violation to a registered owner of a vehicle | 23 | | pursuant to this Section, and the lessee may be held liable for | 24 | | the violation. | 25 | | (q) (Blank). | 26 | | (r) After a municipality or county enacts an ordinance |
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| 1 | | providing for automated traffic law enforcement systems under | 2 | | this Section, each school district within that municipality or | 3 | | county's jurisdiction may implement an automated traffic law | 4 | | enforcement system under this Section. The elected school | 5 | | board for that district must approve the implementation of an | 6 | | automated traffic law enforcement system. The school district | 7 | | shall be responsible for entering into a contract, approved by | 8 | | the elected school board of that district, with vendors for | 9 | | the installation, maintenance, and operation of the automated | 10 | | traffic law enforcement system. The school district must enter | 11 | | into an intergovernmental agreement, approved by the elected | 12 | | school board of that district, with the municipality or county | 13 | | with jurisdiction over that school district for the | 14 | | administration of the automated traffic law enforcement | 15 | | system. The proceeds from a school district's automated | 16 | | traffic law enforcement system's fines shall be divided | 17 | | equally between the school district and the municipality or | 18 | | county administering the automated traffic law enforcement | 19 | | system.
| 20 | | (s) If a county or municipality changes the vendor it uses | 21 | | for its automated traffic law enforcement
system and must, as | 22 | | a consequence, apply for a permit, approval, or other | 23 | | authorization from the Department for reinstallation of one or | 24 | | more malfunctioning components of that system and if, at the | 25 | | time of the application, the new vendor operates an automated | 26 | | traffic law enforcement
system for any other county or |
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| 1 | | municipality in the State, then the Department shall approve | 2 | | or deny the county or municipality's application for that | 3 | | permit, approval, or other authorization within 90 days after | 4 | | its receipt. | 5 | | (t) The Department may revoke any permit, approval, or | 6 | | other authorization granted to a county or municipality for | 7 | | the placement, installation, or operation of an automated | 8 | | traffic law enforcement
system if any official or employee who | 9 | | serves that county or municipality is charged with bribery, | 10 | | official misconduct, or a similar crime related to the | 11 | | placement, installation, or operation of the automated traffic | 12 | | law enforcement system in the county or municipality. | 13 | | The Department shall adopt any rules necessary to | 14 | | implement and administer this subsection. The rules adopted by | 15 | | the Department shall describe the revocation process, shall | 16 | | ensure that notice of the revocation is provided, and shall | 17 | | provide an opportunity to appeal the revocation. Any county or | 18 | | municipality that has a permit, approval, or other | 19 | | authorization revoked under this subsection may not reapply | 20 | | for such a permit, approval, or other authorization for a | 21 | | period of 1 year after the revocation. | 22 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | 23 | | 102-905, eff. 1-1-23.) | 24 | | (Text of Section after amendment by P.A. 102-982 )
| 25 | | Sec. 11-208.9. Automated traffic law enforcement system; |
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| 1 | | approaching, overtaking, and passing a school bus. | 2 | | (a) As used in this Section, "automated traffic law | 3 | | enforcement
system" means a device with one or more motor | 4 | | vehicle sensors working
in conjunction with the visual signals | 5 | | on a school bus, as specified in Sections 12-803 and 12-805 of | 6 | | this Code, to produce recorded images of
motor vehicles that | 7 | | fail to stop before meeting or overtaking, from either | 8 | | direction, any school bus stopped at any location for the | 9 | | purpose of receiving or discharging pupils in violation of | 10 | | Section 11-1414 of this Code or a similar provision
of a local | 11 | | ordinance. | 12 | | An
automated traffic law enforcement system is a system, | 13 | | in a municipality or
county operated by a
governmental agency, | 14 | | that
produces a recorded image of a motor vehicle's
violation | 15 | | of a provision of this Code or a local ordinance
and is | 16 | | designed to obtain a clear recorded image of the
vehicle and | 17 | | the vehicle's license plate. The recorded image must also
| 18 | | display the time, date, and location of the violation. | 19 | | (b) As used in this Section, "recorded images" means | 20 | | images
recorded by an automated traffic law enforcement system | 21 | | on: | 22 | | (1) 2 or more photographs; | 23 | | (2) 2 or more microphotographs; | 24 | | (3) 2 or more electronic images; or | 25 | | (4) a video recording showing the motor vehicle and, | 26 | | on at
least one image or portion of the recording, clearly |
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| 1 | | identifying the
registration plate or digital registration | 2 | | plate number of the motor vehicle. | 3 | | (c) A municipality or
county that
produces a recorded | 4 | | image of a motor vehicle's
violation of a provision of this | 5 | | Code or a local ordinance must make the recorded images of a | 6 | | violation accessible to the alleged violator by providing the | 7 | | alleged violator with a website address, accessible through | 8 | | the Internet. | 9 | | (d) For each violation of a provision of this Code or a | 10 | | local ordinance
recorded by an automated
traffic law | 11 | | enforcement system, the county or municipality having
| 12 | | jurisdiction shall issue a written notice of the
violation to | 13 | | the registered owner of the vehicle as the alleged
violator. | 14 | | The notice shall be delivered to the registered
owner of the | 15 | | vehicle, by mail, within 30 days after the Secretary of State | 16 | | notifies the municipality or county of the identity of the | 17 | | owner of the vehicle, but in no event later than 90 days after | 18 | | the violation. | 19 | | (e) The notice required under subsection (d) shall | 20 | | 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 location where the violation occurred; |
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| 1 | | (5) the date and time of the violation; | 2 | | (6) a copy of the recorded images; | 3 | | (7) the amount of the civil penalty imposed and the | 4 | | date
by which the civil penalty should be paid; | 5 | | (8) a statement that recorded images are evidence of a
| 6 | | violation of overtaking or passing a school bus stopped | 7 | | for the purpose of receiving or discharging pupils; | 8 | | (9) a warning that failure to pay the civil penalty or | 9 | | to
contest liability in a timely manner is an admission of
| 10 | | liability; | 11 | | (10) a statement that the person may elect to proceed | 12 | | by: | 13 | | (A) paying the fine; or | 14 | | (B) challenging the charge in court, by mail, or | 15 | | by administrative hearing; and | 16 | | (11) a website address, accessible through the | 17 | | Internet, where the person may view the recorded images of | 18 | | the violation. | 19 | | (f) (Blank). | 20 | | (g) Based on inspection of recorded images produced by an
| 21 | | automated traffic law enforcement system, a notice alleging | 22 | | that the violation occurred shall be evidence of the facts | 23 | | contained
in the notice and admissible in any proceeding | 24 | | alleging a
violation under this Section. | 25 | | (h) Recorded images made by an automated traffic law
| 26 | | enforcement system are confidential and shall be made
|
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| 1 | | available only to the alleged violator and governmental and
| 2 | | law enforcement agencies for purposes of adjudicating a
| 3 | | violation of this Section, for statistical purposes, or for | 4 | | other governmental purposes. Any recorded image evidencing a
| 5 | | violation of this Section, however, may be admissible in
any | 6 | | proceeding resulting from the issuance of the citation. | 7 | | (i) The court or hearing officer may consider in defense | 8 | | of a violation: | 9 | | (1) that the motor vehicle or registration plates or | 10 | | digital registration plates of the motor
vehicle were | 11 | | stolen before the violation occurred and not
under the | 12 | | control of or in the possession of the owner or lessee at
| 13 | | the time of the violation; | 14 | | (1.5) that the motor vehicle was hijacked before the | 15 | | violation occurred and not under the control of or in the | 16 | | possession of the owner or lessee at the time of the | 17 | | violation; | 18 | | (2) that the driver of the motor vehicle received a | 19 | | Uniform Traffic Citation from a police officer for a | 20 | | violation of Section 11-1414 of this Code within | 21 | | one-eighth of a mile and 15 minutes of the violation that | 22 | | was recorded by the system; | 23 | | (3) that the visual signals required by Sections | 24 | | 12-803 and 12-805 of this Code were damaged, not | 25 | | activated, not present in violation of Sections 12-803 and | 26 | | 12-805, or inoperable; and |
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| 1 | | (4) any other evidence or issues provided by municipal | 2 | | or county ordinance. | 3 | | (j) To demonstrate that the motor vehicle was hijacked or | 4 | | the motor vehicle or registration
plates or digital | 5 | | registration plates were stolen before the violation occurred | 6 | | and were not under the
control or possession of the owner or | 7 | | lessee at the time of the violation, the
owner or lessee must | 8 | | submit proof that a report concerning the
motor vehicle or | 9 | | registration plates was filed with a law enforcement agency in | 10 | | a timely manner. | 11 | | (k) Unless the driver of the motor vehicle received a | 12 | | Uniform
Traffic Citation from a police officer at the time of | 13 | | the violation,
the motor vehicle owner is subject to a civil | 14 | | penalty not exceeding
$150 for a first time violation or $500 | 15 | | for a second or subsequent violation, plus an additional | 16 | | penalty of not more than $100 for failure to pay the original | 17 | | penalty in a timely manner, if the motor vehicle is recorded by | 18 | | an automated traffic law
enforcement 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, but may be recorded by the municipality | 23 | | or county for the purpose of determining if a person is subject | 24 | | to the higher fine for a second or subsequent offense. | 25 | | (l) A school bus equipped with an automated traffic law
| 26 | | enforcement system must be posted with a sign indicating that |
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| 1 | | the school bus is being monitored by an automated
traffic law | 2 | | enforcement system. | 3 | | (m) A municipality or
county that has one or more school | 4 | | buses equipped with an automated traffic law
enforcement | 5 | | system must provide notice to drivers by posting a list of | 6 | | school districts using school buses equipped with an automated | 7 | | traffic law enforcement system on the municipality or county | 8 | | website. School districts that have one or more school buses | 9 | | equipped with an automated traffic law enforcement system must | 10 | | provide notice to drivers by posting that information on their | 11 | | websites. | 12 | | (n) A municipality or county operating an automated | 13 | | traffic law enforcement system shall conduct a statistical | 14 | | analysis to assess the safety impact in each school district | 15 | | using school buses equipped with an automated traffic law | 16 | | enforcement system following installation of the system and | 17 | | every 2 years thereafter. A municipality or county operating | 18 | | an automated speed enforcement system before the effective | 19 | | date of this amendatory Act of the 103rd General Assembly | 20 | | shall conduct a statistical analysis to assess the safety | 21 | | impact of the system by no later than one year after the | 22 | | effective date of this amendatory Act of the 103rd General | 23 | | Assembly and every 2 years thereafter . Each The statistical | 24 | | analysis shall be based upon the best available crash, | 25 | | traffic, and other data, and shall cover a period of time | 26 | | before and after installation of the system sufficient to |
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| 1 | | provide a statistically valid comparison of safety impact. | 2 | | Each The statistical analysis shall be consistent with | 3 | | professional judgment and acceptable industry practice. Each | 4 | | The statistical analysis also shall be consistent with the | 5 | | data required for valid comparisons of before and after | 6 | | conditions and shall be conducted within a reasonable period | 7 | | following the installation of the automated traffic law | 8 | | enforcement system. Each The statistical analysis required by | 9 | | this subsection shall be made available to the public and | 10 | | shall be published on the website of the municipality or | 11 | | county. If a the statistical analysis for the 36-month period | 12 | | following installation of the system indicates that there has | 13 | | been an increase in the rate of crashes at the approach to | 14 | | school buses monitored by the system, the municipality or | 15 | | county shall undertake additional studies to determine the | 16 | | cause and severity of the crashes, and may take any action that | 17 | | it determines is necessary or appropriate to reduce the number | 18 | | or severity of the crashes involving school buses equipped | 19 | | with an automated traffic law enforcement system. | 20 | | (o) The compensation paid for an automated traffic law | 21 | | enforcement system
must be based on the value of the equipment | 22 | | or the services provided and may
not be based on the number of | 23 | | traffic citations issued or the revenue generated
by the | 24 | | system. | 25 | | (o-1) No member of the General Assembly and no officer or | 26 | | employee of a municipality or county shall knowingly accept |
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| 1 | | employment or receive compensation or fees for services from a | 2 | | vendor that provides automated traffic law enforcement system | 3 | | equipment or services to municipalities or counties. No former | 4 | | member of the General Assembly shall, within a period of 2 | 5 | | years immediately after the termination of service as a member | 6 | | of the General Assembly, knowingly accept employment or | 7 | | receive compensation or fees for services from a vendor that | 8 | | provides automated traffic law enforcement system equipment or | 9 | | services to municipalities or counties. No former officer or | 10 | | employee of a municipality or county shall, within a period of | 11 | | 2 years immediately after the termination of municipal or | 12 | | county employment, knowingly accept employment or receive | 13 | | compensation or fees for services from a vendor that provides | 14 | | automated traffic law enforcement system equipment or services | 15 | | to municipalities or counties. | 16 | | (p) No person who is the lessor of a motor vehicle pursuant | 17 | | to a written lease agreement shall be liable for an automated | 18 | | speed or traffic law enforcement system violation involving | 19 | | such motor vehicle during the period of the lease; provided | 20 | | that upon the request of the appropriate authority received | 21 | | within 120 days after the violation occurred, the lessor | 22 | | provides within 60 days after such receipt the name and | 23 | | address of the lessee. | 24 | | Upon the provision of information by the lessor pursuant | 25 | | to this subsection, the county or municipality may issue the | 26 | | violation to the lessee of the vehicle in the same manner as it |
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| 1 | | would issue a violation to a registered owner of a vehicle | 2 | | pursuant to this Section, and the lessee may be held liable for | 3 | | the violation. | 4 | | (q) (Blank). | 5 | | (r) After a municipality or county enacts an ordinance | 6 | | providing for automated traffic law enforcement systems under | 7 | | this Section, each school district within that municipality or | 8 | | county's jurisdiction may implement an automated traffic law | 9 | | enforcement system under this Section. The elected school | 10 | | board for that district must approve the implementation of an | 11 | | automated traffic law enforcement system. The school district | 12 | | shall be responsible for entering into a contract, approved by | 13 | | the elected school board of that district, with vendors for | 14 | | the installation, maintenance, and operation of the automated | 15 | | traffic law enforcement system. The school district must enter | 16 | | into an intergovernmental agreement, approved by the elected | 17 | | school board of that district, with the municipality or county | 18 | | with jurisdiction over that school district for the | 19 | | administration of the automated traffic law enforcement | 20 | | system. The proceeds from a school district's automated | 21 | | traffic law enforcement system's fines shall be divided | 22 | | equally between the school district and the municipality or | 23 | | county administering the automated traffic law enforcement | 24 | | system.
| 25 | | (s) If a county or municipality changes the vendor it uses | 26 | | for its automated traffic law enforcement
system and must, as |
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| 1 | | a consequence, apply for a permit, approval, or other | 2 | | authorization from the Department for reinstallation of one or | 3 | | more malfunctioning components of that system and if, at the | 4 | | time of the application, the new vendor operates an automated | 5 | | traffic law enforcement
system for any other county or | 6 | | municipality in the State, then the Department shall approve | 7 | | or deny the county or municipality's application for that | 8 | | permit, approval, or other authorization within 90 days after | 9 | | its receipt. | 10 | | (t) The Department may revoke any permit, approval, or | 11 | | other authorization granted to a county or municipality for | 12 | | the placement, installation, or operation of an automated | 13 | | traffic law enforcement
system if any official or employee who | 14 | | serves that county or municipality is charged with bribery, | 15 | | official misconduct, or a similar crime related to the | 16 | | placement, installation, or operation of the automated traffic | 17 | | law enforcement system in the county or municipality. | 18 | | The Department shall adopt any rules necessary to | 19 | | implement and administer this subsection. The rules adopted by | 20 | | the Department shall describe the revocation process, shall | 21 | | ensure that notice of the revocation is provided, and shall | 22 | | provide an opportunity to appeal the revocation. Any county or | 23 | | municipality that has a permit, approval, or other | 24 | | authorization revoked under this subsection may not reapply | 25 | | for such a permit, approval, or other authorization for a | 26 | | period of 1 year after the revocation. |
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| 1 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | 2 | | 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.) | 3 | | Section 95. No acceleration or delay. Where this Act makes | 4 | | changes in a statute that is represented in this Act by text | 5 | | that is not yet or no longer in effect (for example, a Section | 6 | | represented by multiple versions), the use of that text does | 7 | | not accelerate or delay the taking effect of (i) the changes | 8 | | made by this Act or (ii) provisions derived from any other | 9 | | Public Act.
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.".
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