Full Text of SB2863 097th General Assembly
SB2863 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2863 Introduced 1/24/2012, by Sen. Dan Duffy SYNOPSIS AS INTRODUCED: |
| |
Amends the Illinois Vehicle Code. Provides that a county or municipality may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of issuing violations to persons driving a motor vehicle who enter an intersection to turn right against a red signal indication. Effective immediately.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | SB2863 | | LRB097 16510 HEP 61679 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-208.6 as follows:
| 6 | | (625 ILCS 5/11-208.6)
| 7 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 8 | | (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.
| 15 | | 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
| 21 | | display the time, date, and location of the violation.
| 22 | | (b) As used in this Section, "recorded images" means images
| 23 | | recorded by an automated traffic law enforcement system on:
|
| | | SB2863 | - 2 - | LRB097 16510 HEP 61679 b |
|
| 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, on | 5 | | at
least one image or portion of the recording, clearly | 6 | | identifying the
registration plate number of the motor | 7 | | vehicle.
| 8 | | (b-5) A municipality or
county that
produces a recorded | 9 | | image of a motor vehicle's
violation of a provision of this | 10 | | Code or a local ordinance must make the recorded images of a | 11 | | violation accessible to the alleged violator by providing the | 12 | | alleged violator with a website address, accessible through the | 13 | | Internet. | 14 | | (c) A county or municipality, including a home rule county | 15 | | or municipality, may not use an automated traffic law | 16 | | enforcement system to provide recorded images of a motor | 17 | | vehicle for the purpose of recording its speed. The regulation | 18 | | of the use of automated traffic law enforcement systems to | 19 | | record vehicle speeds is an exclusive power and function of the | 20 | | State. This subsection (c) is a denial and limitation of home | 21 | | rule powers and functions under subsection (h) of Section 6 of | 22 | | Article VII of the Illinois Constitution.
| 23 | | (c-5) A county or municipality, including a home rule | 24 | | county or municipality, may not use an automated traffic law | 25 | | enforcement system to issue violations in instances where the | 26 | | motor vehicle comes to a complete stop and does not enter the |
| | | SB2863 | - 3 - | LRB097 16510 HEP 61679 b |
|
| 1 | | intersection, as defined by Section 1-132 of this Code, during | 2 | | the cycle of the red signal indication unless one or more | 3 | | pedestrians or bicyclists are present, even if the motor | 4 | | vehicle stops at a point past a stop line or crosswalk where a | 5 | | driver is required to stop, as specified in subsection (c) of | 6 | | Section 11-306 of this Code or a similar provision of a local | 7 | | ordinance. | 8 | | (c-6) A county, or a municipality with less than 2,000,000 | 9 | | inhabitants, including a home rule county or municipality, may | 10 | | not use an automated traffic law enforcement system to issue | 11 | | violations in instances where a motorcyclist enters an | 12 | | intersection against a red signal
indication when the red | 13 | | signal fails to change to a green signal within a reasonable | 14 | | period of time because of a signal malfunction or because the | 15 | | signal has failed to detect the arrival of the motorcycle due | 16 | | to the motorcycle's size or weight. | 17 | | (c-10) A county or municipality, including a home rule | 18 | | county or municipality, may not use an automated traffic law | 19 | | enforcement system to provide recorded images of a motor | 20 | | vehicle for the purpose of issuing violations to persons | 21 | | driving a motor vehicle who enter an intersection to turn right | 22 | | against a red signal indication as described in paragraph 3 of | 23 | | subsection (c) of Section 11-306 of this Code or a similar | 24 | | provision of a local ordinance. | 25 | | (d) For each violation of a provision of this Code or a | 26 | | local ordinance
recorded by an automatic
traffic law |
| | | SB2863 | - 4 - | LRB097 16510 HEP 61679 b |
|
| 1 | | enforcement system, the county or municipality having
| 2 | | jurisdiction shall issue a written notice of the
violation to | 3 | | the registered owner of the vehicle as the alleged
violator. | 4 | | The notice shall be delivered to the registered
owner of the | 5 | | vehicle, by mail, within 30 days after the Secretary of State | 6 | | notifies the municipality or county of the identity of the | 7 | | owner of the vehicle, but in no event later than 90 days after | 8 | | the violation.
| 9 | | The notice shall include:
| 10 | | (1) the name and address of the registered owner of the
| 11 | | vehicle;
| 12 | | (2) the registration number of the motor vehicle
| 13 | | involved in the violation;
| 14 | | (3) the violation charged;
| 15 | | (4) the location where the violation occurred;
| 16 | | (5) the date and time of the violation;
| 17 | | (6) a copy of the recorded images;
| 18 | | (7) the amount of the civil penalty imposed and the | 19 | | requirements of any traffic education program imposed and | 20 | | the date
by which the civil penalty should be paid and the | 21 | | traffic education program should be completed;
| 22 | | (8) a statement that recorded images are evidence of a
| 23 | | violation of a red light signal;
| 24 | | (9) a warning that failure to pay the civil penalty, to | 25 | | complete a required traffic education program, or to
| 26 | | contest liability in a timely manner is an admission of
|
| | | SB2863 | - 5 - | LRB097 16510 HEP 61679 b |
|
| 1 | | liability and may result in a suspension of the driving
| 2 | | privileges of the registered owner of the vehicle;
| 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 by | 8 | | 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) If a person
charged with a traffic violation, as a | 13 | | result of an automated traffic law
enforcement system, does not | 14 | | pay the fine or complete a required traffic education program, | 15 | | or both, or successfully contest the civil
penalty resulting | 16 | | from that violation, the Secretary of State shall suspend the
| 17 | | driving privileges of the
registered owner of the vehicle under | 18 | | Section 6-306.5 of this Code for failing
to complete a required | 19 | | traffic education program or to pay any fine or penalty
due and | 20 | | owing, or both, as a result of 5 violations of the automated | 21 | | traffic law
enforcement system.
| 22 | | (f) Based on inspection of recorded images produced by an
| 23 | | automated traffic law enforcement system, a notice alleging | 24 | | that the violation occurred shall be evidence of the facts | 25 | | contained
in the notice and admissible in any proceeding | 26 | | alleging a
violation under this Section.
|
| | | SB2863 | - 6 - | LRB097 16510 HEP 61679 b |
|
| 1 | | (g) Recorded images made by an automatic traffic law
| 2 | | enforcement system are confidential and shall be made
available | 3 | | only to the alleged violator and governmental and
law | 4 | | enforcement agencies for purposes of adjudicating a
violation | 5 | | of this Section, for statistical purposes, or for other | 6 | | governmental purposes. Any recorded image evidencing a
| 7 | | violation of this Section, however, may be admissible in
any | 8 | | proceeding resulting from the issuance of the citation.
| 9 | | (h) The court or hearing officer may consider in defense of | 10 | | a violation:
| 11 | | (1) that the motor vehicle or registration plates of | 12 | | the motor
vehicle were stolen before the violation occurred | 13 | | and not
under the control of or in the possession of the | 14 | | owner at
the time of the violation;
| 15 | | (2) that the driver of the vehicle passed through the
| 16 | | intersection when the light was red either (i) in order to
| 17 | | yield the right-of-way to an emergency vehicle or (ii) as
| 18 | | part of a funeral procession; and
| 19 | | (3) any other evidence or issues provided by municipal | 20 | | or county ordinance.
| 21 | | (i) To demonstrate that the motor vehicle or the | 22 | | registration
plates were stolen before the violation occurred | 23 | | and were not under the
control or possession of the owner at | 24 | | the time of the violation, the
owner must submit proof that a | 25 | | report concerning the stolen
motor vehicle or registration | 26 | | plates was filed with a law enforcement agency in a timely |
| | | SB2863 | - 7 - | LRB097 16510 HEP 61679 b |
|
| 1 | | manner.
| 2 | | (j) Unless the driver of the motor vehicle received a | 3 | | Uniform
Traffic Citation from a police officer at the time of | 4 | | the violation,
the motor vehicle owner is subject to a civil | 5 | | penalty not exceeding
$100 or the completion of a traffic | 6 | | education program, or both, plus an additional penalty of not | 7 | | more than $100 for failure to pay the original penalty or to | 8 | | complete a required traffic education program, or both, in a | 9 | | timely manner, if the motor vehicle is recorded by an automated | 10 | | traffic law
enforcement system. A violation for which a civil | 11 | | penalty is imposed
under this Section is not a violation of a | 12 | | traffic regulation governing
the movement of vehicles and may | 13 | | not be recorded on the driving record
of the owner of the | 14 | | vehicle.
| 15 | | (j-3) A registered owner who is a holder of a valid | 16 | | commercial driver's license is not required to complete a | 17 | | traffic education program. | 18 | | (j-5) For purposes of the required traffic education | 19 | | program only, a registered owner may submit an affidavit to the | 20 | | court or hearing officer swearing that at the time of the | 21 | | alleged violation, the vehicle was in the custody and control | 22 | | of another person. The affidavit must identify the person in | 23 | | custody and control of the vehicle, including the person's name | 24 | | and current address. The person in custody and control of the | 25 | | vehicle at the time of the violation is required to complete | 26 | | the required traffic education program. If the person in |
| | | SB2863 | - 8 - | LRB097 16510 HEP 61679 b |
|
| 1 | | custody and control of the vehicle at the time of the violation | 2 | | completes the required traffic education program, the | 3 | | registered owner of the vehicle is not required to complete a | 4 | | traffic education program. | 5 | | (k) An intersection equipped with an automated traffic law
| 6 | | enforcement system must be posted with a sign visible to | 7 | | approaching traffic
indicating that the intersection is being | 8 | | monitored by an automated
traffic law enforcement system. | 9 | | (k-3) A municipality or
county that has one or more | 10 | | intersections equipped with an automated traffic law
| 11 | | enforcement system must provide notice to drivers by posting | 12 | | the locations of automated traffic law systems on the | 13 | | municipality or county website.
| 14 | | (k-5) An intersection equipped with an automated traffic | 15 | | law
enforcement system must have a yellow change interval that | 16 | | conforms with the Illinois Manual on Uniform Traffic Control | 17 | | Devices (IMUTCD) published by the Illinois Department of | 18 | | Transportation. | 19 | | (k-7) A municipality or county operating an automated | 20 | | traffic law enforcement system shall conduct a statistical | 21 | | analysis to assess the safety impact of each automated traffic | 22 | | law enforcement system at an intersection following | 23 | | installation of the system. The statistical analysis shall be | 24 | | based upon the best available crash, traffic, and other data, | 25 | | and shall cover a period of time before and after installation | 26 | | of the system sufficient to provide a statistically valid |
| | | SB2863 | - 9 - | LRB097 16510 HEP 61679 b |
|
| 1 | | comparison of safety impact. The statistical analysis shall be | 2 | | consistent with professional judgment and acceptable industry | 3 | | practice. The statistical analysis also shall be consistent | 4 | | with the data required for valid comparisons of before and | 5 | | after conditions and shall be conducted within a reasonable | 6 | | period following the installation of the automated traffic law | 7 | | enforcement system. The statistical analysis required by this | 8 | | subsection (k-7) shall be made available to the public and | 9 | | shall be published on the website of the municipality or | 10 | | county. If the statistical analysis for the 36 month period | 11 | | following installation of the system indicates that there has | 12 | | been an increase in the rate of accidents at the approach to | 13 | | the intersection monitored by the system, the municipality or | 14 | | county shall undertake additional studies to determine the | 15 | | cause and severity of the accidents, and may take any action | 16 | | that it determines is necessary or appropriate to reduce the | 17 | | number or severity of the accidents at that intersection. | 18 | | (l) The compensation paid for an automated traffic law | 19 | | enforcement system
must be based on the value of the equipment | 20 | | or the services provided and may
not be based on the number of | 21 | | traffic citations issued or the revenue generated
by the | 22 | | system.
| 23 | | (m) This Section applies only to the counties of Cook, | 24 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 25 | | to municipalities located within those counties.
| 26 | | (n) The fee for participating in a traffic education |
| | | SB2863 | - 10 - | LRB097 16510 HEP 61679 b |
|
| 1 | | program under this Section shall not exceed $25. | 2 | | A low-income individual required to complete a traffic | 3 | | education program under this Section who provides proof of | 4 | | eligibility for the federal earned income tax credit under | 5 | | Section 32 of the Internal Revenue Code or the Illinois earned | 6 | | income tax credit under Section 212 of the Illinois Income Tax | 7 | | Act shall not be required to pay any fee for participating in a | 8 | | required traffic education program. | 9 | | (o) A municipality or county shall make a certified report | 10 | | to the Secretary of State pursuant to Section 6-306.5 of this | 11 | | Code whenever a registered owner of a vehicle has failed to pay | 12 | | any
fine or penalty due and owing as a result of 5 offenses for | 13 | | automated traffic
law violations. | 14 | | (p) No person who is the lessor of a motor vehicle pursuant | 15 | | to a written lease agreement shall be liable for an automated | 16 | | traffic law enforcement system violation involving such motor | 17 | | vehicle during the period of the lease; provided that upon the | 18 | | request of the appropriate authority received within 120 days | 19 | | after the violation occurred, the lessor provides within 60 | 20 | | days after such receipt the name and address of the lessee. The | 21 | | drivers license number of a lessee may be subsequently | 22 | | individually requested by the appropriate authority if needed | 23 | | for enforcement of this Section. | 24 | | Upon the provision of information by the lessor pursuant to | 25 | | this subsection, the county or municipality may issue the | 26 | | violation to the lessee of the vehicle in the same manner as it |
| | | SB2863 | - 11 - | LRB097 16510 HEP 61679 b |
|
| 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 | | (Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11; | 5 | | 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; revised 1-19-12.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.
|
|