Full Text of SB2092 95th General Assembly
SB2092 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2092
Introduced 2/14/2008, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the compensation paid for an automated traffic law enforcement system may not vary based upon possible or citable violation volume and must not be based upon the number of violations mailed or transmitted for law enforcement agency review, the number of citations issued, the number of violations of the automated traffic law enforcement system that were paid by violators, or the amount of revenue collected by the municipality or county that uses the automated traffic law enforcement system (instead of just the number of traffic citations issued or the revenue generated
by the system).
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A BILL FOR
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SB2092 |
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LRB095 19298 RLC 45590 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 11-208.6 as follows:
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| (625 ILCS 5/11-208.6)
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| Sec. 11-208.6. Automated traffic law enforcement system.
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| (a) As used in this Section, "automated traffic law | 9 |
| enforcement
system" means a device with one or more motor | 10 |
| vehicle sensors working
in conjunction with a red light signal | 11 |
| to produce recorded images of
motor vehicles entering an | 12 |
| intersection against a red signal
indication in violation of | 13 |
| Section 11-306 of this Code or a similar provision
of a local | 14 |
| ordinance.
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| An
automated traffic law enforcement system is a system, in | 16 |
| a municipality or
county operated by a
governmental agency, | 17 |
| that
produces a recorded image of a motor vehicle's
violation | 18 |
| of a provision of this Code or a local ordinance
and is | 19 |
| designed to obtain a clear recorded image of the
vehicle and | 20 |
| the vehicle's license plate. The recorded image must also
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| display the time, date, and location of the violation.
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| (b) As used in this Section, "recorded images" means images
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| recorded by an automated traffic law enforcement system on:
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LRB095 19298 RLC 45590 b |
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| (1) 2 or more photographs;
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| (2) 2 or more microphotographs;
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| (3) 2 or more electronic images; or
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| (4) a video recording showing the motor vehicle and, on | 5 |
| at
least one image or portion of the recording, clearly | 6 |
| identifying the
registration plate number of the motor | 7 |
| vehicle.
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| (c) A county or municipality, including a home rule county | 9 |
| or municipality, may not use an automated traffic law | 10 |
| enforcement system to provide recorded images of a motor | 11 |
| vehicle for the purpose of recording its speed. The regulation | 12 |
| of the use of automated traffic law enforcement systems to | 13 |
| record vehicle speeds is an exclusive power and function of the | 14 |
| State. This subsection (c) is a denial and limitation of home | 15 |
| rule powers and functions under subsection (h) of Section 6 of | 16 |
| Article VII of the Illinois Constitution.
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| (d) For each violation of a provision of this Code or a | 18 |
| local ordinance
recorded by an automatic
traffic law | 19 |
| enforcement system, the county or municipality having
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| jurisdiction shall issue a written notice of the
violation to | 21 |
| the registered owner of the vehicle as the alleged
violator. | 22 |
| The notice shall be delivered to the registered
owner of the | 23 |
| vehicle, by mail, within 30 days after the Secretary of State | 24 |
| notifies the municipality or county of the identity of the | 25 |
| owner of the vehicle, but in no event later than 90 days after | 26 |
| the violation.
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| The notice shall include:
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| (1) the name and address of the registered owner of the
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| vehicle;
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| (2) the registration number of the motor vehicle
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| involved in the violation;
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| (3) the violation charged;
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| (4) the location where the violation occurred;
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| (5) the date and time of the violation;
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| (6) a copy of the recorded images;
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| (7) the amount of the civil penalty imposed and the | 11 |
| date
by which the civil penalty should be paid;
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| (8) a statement that recorded images are evidence of a
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| violation of a red light signal;
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| (9) a warning that failure to pay the civil penalty or | 15 |
| to
contest liability in a timely manner is an admission of
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| liability and may result in a suspension of the driving
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| privileges of the registered owner of the vehicle; and
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| (10) a statement that the person may elect to proceed | 19 |
| by:
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| (A) paying the fine; or
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| (B) challenging the charge in court, by mail, or by | 22 |
| administrative hearing.
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| (e) If a person
charged with a traffic violation, as a | 24 |
| result of an automated traffic law
enforcement system, does not | 25 |
| pay or successfully contest the civil
penalty resulting from | 26 |
| that violation, the Secretary of State shall suspend the
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| driving privileges of the
registered owner of the vehicle under | 2 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 3 |
| penalty
due and owing as a result of 5 violations of the | 4 |
| automated traffic law
enforcement system.
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| (f) Based on inspection of recorded images produced by an
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| automated traffic law enforcement system, a notice alleging | 7 |
| that the violation occurred shall be evidence of the facts | 8 |
| contained
in the notice and admissible in any proceeding | 9 |
| alleging a
violation under this Section.
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| (g) Recorded images made by an automatic traffic law
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| enforcement system are confidential and shall be made
available | 12 |
| only to the alleged violator and governmental and
law | 13 |
| enforcement agencies for purposes of adjudicating a
violation | 14 |
| of this Section, for statistical purposes, or for other | 15 |
| governmental purposes. Any recorded image evidencing a
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| violation of this Section, however, may be admissible in
any | 17 |
| proceeding resulting from the issuance of the citation.
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| (h) The court or hearing officer may consider in defense of | 19 |
| a violation:
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| (1) that the motor vehicle or registration plates of | 21 |
| the motor
vehicle were stolen before the violation occurred | 22 |
| and not
under the control of or in the possession of the | 23 |
| owner at
the time of the violation;
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| (2) that the driver of the vehicle passed through the
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| intersection when the light was red either (i) in order to
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| yield the right-of-way to an emergency vehicle or (ii) as
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| part of a funeral procession; and
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| (3) any other evidence or issues provided by municipal | 3 |
| or county ordinance.
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| (i) To demonstrate that the motor vehicle or the | 5 |
| registration
plates were stolen before the violation occurred | 6 |
| and were not under the
control or possession of the owner at | 7 |
| the time of the violation, the
owner must submit proof that a | 8 |
| report concerning the stolen
motor vehicle or registration | 9 |
| plates was filed with a law enforcement agency in a timely | 10 |
| manner.
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| (j) 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
$100, plus an additional penalty of not | 15 |
| more than $100 for failure to pay the original penalty in a | 16 |
| timely manner, if the motor vehicle is recorded by an automated | 17 |
| traffic law
enforcement system. A violation for which a civil | 18 |
| penalty is imposed
under this Section is not a violation of a | 19 |
| traffic regulation governing
the movement of vehicles and may | 20 |
| not be recorded on the driving record
of the owner of the | 21 |
| vehicle.
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| (k) An intersection equipped with an automated traffic law
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| enforcement system must be posted with a sign visible to | 24 |
| approaching traffic
indicating that the intersection is being | 25 |
| monitored by an automated
traffic law enforcement system.
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| (l) The compensation paid for an automated traffic law |
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| enforcement system
must be based on the value of the equipment | 2 |
| or the services provided and may
not vary based upon possible | 3 |
| or citable violation volume be based on the number of traffic | 4 |
| citations issued or the revenue generated
by the system . The | 5 |
| compensation paid for an automated traffic law enforcement | 6 |
| system must not be based upon the number of violations mailed | 7 |
| or transmitted for law enforcement agency review, the number of | 8 |
| citations issued, the number of violations of the automated | 9 |
| traffic law enforcement system that were paid by violators, or | 10 |
| the amount of revenue collected by the municipality or county | 11 |
| that uses the automated traffic law enforcement system.
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| (m) This Section applies only to the counties of Cook, | 13 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 14 |
| to municipalities located within those counties.
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| (Source: P.A. 94-795, eff. 5-22-06.)
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