Illinois General Assembly - Full Text of HB5408
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Full Text of HB5408  103rd General Assembly


Rep. Brad Stephens

Filed: 4/12/2024





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2    AMENDMENT NO. ______. Amend House Bill 5408 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be referred to as the
5O'Hare Driver Safety Act.
6    Section 5. Definitions. As used in this Act:
7    "Authority" means the Illinois Toll Highway Authority.
8    "Automated traffic safety system" means a device with one
9or more motor vehicle sensors to produce a recorded image of a
10motor vehicle that is stopped or standing on the side of a
11highway or roadway in violation of Section 11-1303 of the
12Illinois Vehicle Code.
13    "Recorded images" has the same meaning given to that term
14under Section 11-208.6 of the Illinois Vehicle Code.
15    Section 10. No stopping or standing within one-half mile



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1of O'Hare International Airport. Except where permitted, a
2person operating a motor vehicle shall not stop or stand the
3person's vehicle on a shoulder of a highway along traffic
4routes within a one-half mile radius of: (1) the eastern
5entrance to O'Hare International Airport; and (2) the
6intersection of Interstate 90 and Interstate 294.
7    No person who is the lessor of a motor vehicle under a
8written lease agreement shall be liable for an automated
9traffic safety system violation involving such motor vehicle
10during the period of the lease, unless, upon the request of the
11appropriate authority received within 120 days after the
12violation occurred, the lessor provides within 60 days after
13such receipt the name and address of the lessee.
14    Upon the provision of information by the lessor under this
15Section, the Authority may issue the violation to the lessee
16of the vehicle in the same manner as it would issue a violation
17to a registered owner of a vehicle, and the lessee may be held
18liable for the violation.
19    This Section shall not apply to vehicles that are stopped
20or standing in a restricted area if:
21        (1) a person is yielding to an emergency vehicle;
22        (2) the vehicle malfunctions;
23        (3) a person was directed to stop the person's vehicle
24    by a law enforcement officer;
25        (4) the vehicle was stolen prior to violation and not
26    controlled by the registered owner of the vehicle; or



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1        (5) the driver of the vehicle received a Uniform
2    Traffic Citation from a police officer at the time of the
3    violation for the same offense.
4    Section 15. Installation of automated traffic safety
5systems; enforcement. The Authority shall install and maintain
6automated traffic safety systems along traffic routes within a
7one-half mile radius of: (1) the eastern entrance to O'Hare
8International Airport; and (2) the intersection of Interstate
990 and Interstate 294.
10    A traffic route that is equipped with an automated traffic
11safety system must be posted with signs visible to approaching
12traffic indicating that the route is being monitored by an
13automated traffic safety system and informing drivers that
14stopping or standing is prohibited.
15    Section 20. Recorded image. An automated traffic safety
16system that produces a recorded image of a motor vehicle's
17violation of this Act shall be designed to obtain a clear
18recorded image of the vehicle and the vehicle's license plate.
19The recorded image must also display the time, date, and
20location of the violation.
21    Recorded images made by an automated traffic safety system
22are confidential and shall be made available only (i) to the
23alleged violator and governmental and law enforcement agencies
24for purposes of adjudicating a violation of this Act, for



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1statistical purposes, or for other governmental purposes; or
2(ii) in response to a lawful subpoena. However, a recorded
3image evidencing a violation of this Act may be admissible in a
4proceeding resulting from the issuance of a citation.
5    Section 25. Fines; notice. A person who violates this Act
6shall be subject to a $100 fine for each offense. Proceeds from
7fines shall be deposited into the State Police Law Enforcement
8Administration Fund.
9    For each violation of a provision of this Act recorded by
10an automatic traffic safety system, the Authority shall issue
11a written notice of the violation to the registered owner of
12the vehicle as the alleged violator. The notice shall be
13delivered to the registered owner of the vehicle, by mail,
14within 30 days after the Secretary of State notifies the
15Authority of the identity of the owner of the vehicle, but in
16no event later than 90 days after the violation.
17    The notice shall include:
18        (1) the name and address of the registered owner of
19    the vehicle;
20        (2) the registration number of the motor vehicle
21    involved in the violation;
22        (3) the violation charged;
23        (4) the location where the violation occurred;
24        (5) the date and time of the violation;
25        (6) a copy of the recorded images;



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1        (7) the amount of the civil penalty imposed and the
2    requirements of any traffic education program imposed and
3    the date by which the civil penalty should be paid and the
4    traffic education program should be completed;
5        (8) a statement that recorded images are evidence of a
6    violation of stopping or standing in a restricted area;
7        (9) a warning that failure to pay the civil penalty,
8    to complete a required traffic education program, or to
9    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, completing a required traffic
14        education program, or both; or
15            (B) challenging the charge in court, by mail, or
16        by administrative hearing; and
17        (11) a website address, accessible through the
18    Internet, where the person may view the recorded images of
19    the violation.
20    Section 30. Rules. The Authority shall adopt rules
21necessary to implement and administer this Act.".