Full Text of SB3376 101st General Assembly
SB3376 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB3376 Introduced 2/14/2020, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-209.1 | | 625 ILCS 5/6-306.5 | from Ch. 95 1/2, par. 6-306.5 | 625 ILCS 5/11-208.3 | from Ch. 95 1/2, par. 11-208.3 | 625 ILCS 5/11-208.6 | | 625 ILCS 5/11-208.8 | |
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Amends the Illinois Vehicle Code. Provides that the Secretary of State may not suspend the driving privileges of a person for violations of a Section of the Code relating to the automated traffic law enforcement of red light violations. Provides that the Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled before the effective date due to the person having failed to pay any fine or penalty due and owing as a result of 5 offenses for automated speed enforcement system violations or automated traffic violations. Makes corresponding changes. Deletes language providing that the driver's license number of a lessee may be subsequently individually requested by the appropriate authority if needed for automated speed or traffic law enforcement.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 6-209.1, 6-306.5, 11-208.3, 11-208.6, and 11-208.8 as | 6 | | follows: | 7 | | (625 ILCS 5/6-209.1) | 8 | | (This Section may contain text from a Public Act with a | 9 | | delayed effective date ) | 10 | | Sec. 6-209.1. Restoration of driving privileges; | 11 | | revocation; suspension; cancellation. | 12 | | (a) The Secretary shall rescind the suspension or | 13 | | cancellation of a person's driver's license that has been | 14 | | suspended or canceled before July 1, 2020 the effective date of | 15 | | this amendatory Act of the 101st General Assembly due to: | 16 | | (1) the person being convicted of theft of motor fuel | 17 | | under Sections 16-25 or 16K-15 of the Criminal Code of 1961 | 18 | | or the Criminal Code of 2012; | 19 | | (2) the person, since the issuance of the driver's | 20 | | license, being adjudged to be afflicted with or suffering | 21 | | from any mental disability or disease; | 22 | | (3) a violation of Section 6-16 of the Liquor Control | 23 | | Act of 1934 or a similar provision of a local ordinance; |
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| 1 | | (4) the person being convicted of a violation of | 2 | | Section 6-20 of the Liquor Control Act of 1934 or a similar | 3 | | provision of a local ordinance, if the person presents a | 4 | | certified copy of a court order that includes a finding | 5 | | that the person was not an occupant of a motor vehicle at | 6 | | the time of the violation; | 7 | | (5) the person receiving a disposition of court | 8 | | supervision for a violation of subsections (a), (d), or (e) | 9 | | of Section 6-20 of the Liquor Control Act of 1934 or a | 10 | | similar provision of a local ordinance, if the person | 11 | | presents a certified copy of a court order that includes a | 12 | | finding that the person was not an occupant of a motor | 13 | | vehicle at the time of the violation; | 14 | | (6) the person failing to pay any fine or penalty due | 15 | | or owing as a result of 10 or more violations of a | 16 | | municipality's or county's vehicular standing, parking, or | 17 | | compliance regulations established by ordinance under | 18 | | Section 11-208.3 of this Code; | 19 | | (7) the person failing to satisfy any fine or penalty | 20 | | resulting from a final order issued by the Authority | 21 | | relating directly or indirectly to 5 or more toll | 22 | | violations, toll evasions, or both; | 23 | | (8) the person being convicted of a violation of | 24 | | Section 4-102 of this Code, if the person presents a | 25 | | certified copy of a court order that includes a finding | 26 | | that the person did not exercise actual physical control of |
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| 1 | | the vehicle at the time of the violation; or | 2 | | (9) the person being convicted of criminal trespass to | 3 | | vehicles under Section 21-2 of the Criminal Code of 2012, | 4 | | if the person presents a certified copy of a court order | 5 | | that includes a finding that the person did not exercise | 6 | | actual physical control of the vehicle at the time of the | 7 | | violation. | 8 | | (b) The Secretary shall rescind the suspension or | 9 | | cancellation of a person's driver's license that has been | 10 | | suspended or canceled before the effective date of this | 11 | | amendatory Act of the 101st General Assembly due to the person | 12 | | having failed to pay any fine or penalty due and owing as a | 13 | | result of 5 offenses for automated traffic law enforcement | 14 | | system violations as defined in Section 11-208.6.
| 15 | | (Source: P.A. 101-623, eff. 7-1-20.)
| 16 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 17 | | (Text of Section before amendment by P.A. 101-623 )
| 18 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 19 | | parking,
compliance, automated speed enforcement system, or | 20 | | automated traffic law violations; suspension of driving | 21 | | privileges.
| 22 | | (a) Upon receipt of
a certified report,
as prescribed by | 23 | | subsection (c) of
this Section, from
any municipality or county | 24 | | stating that the owner of a registered vehicle: (1) has failed
| 25 | | to pay any fine or penalty due and owing as a result of 10 or |
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| 1 | | more violations
of a
municipality's or county's vehicular | 2 | | standing, parking, or compliance
regulations established by
| 3 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 4 | | failed to pay any
fine or penalty due and owing as a result of 5 | 5 | | offenses for automated speed enforcement system violations or | 6 | | automated traffic
violations as defined in Sections
11-208.6, | 7 | | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or | 8 | | (3) is more than 14 days in default of a payment plan pursuant | 9 | | to which a suspension had been terminated under subsection (c) | 10 | | of this Section, the Secretary of State
shall suspend the | 11 | | driving privileges of such person in accordance with the
| 12 | | procedures set forth in this Section.
The Secretary shall also | 13 | | suspend the driving privileges of an owner of a
registered | 14 | | vehicle upon receipt of a certified report, as prescribed by
| 15 | | subsection (f) of this Section, from any municipality or county | 16 | | stating that such
person has failed to satisfy any fines or | 17 | | penalties imposed by final judgments
for 5 or more automated | 18 | | speed enforcement system or automated traffic law violations, | 19 | | or combination thereof, or 10 or more violations of local | 20 | | standing, parking, or
compliance regulations after
exhaustion | 21 | | of judicial review procedures.
| 22 | | (b) Following receipt of the certified report of the | 23 | | municipality or county as
specified in this Section, the | 24 | | Secretary of State shall notify the person
whose name appears | 25 | | on the certified report that
the person's
drivers license will | 26 | | be suspended at the end of a specified period of time
unless |
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| 1 | | the Secretary of State is presented with a notice from the
| 2 | | municipality or county certifying that the fine or penalty due
| 3 | | and owing the municipality or county has been paid or that | 4 | | inclusion of that
person's name on the certified report was in | 5 | | error. The Secretary's notice
shall state in substance the | 6 | | information
contained in the municipality's or county's | 7 | | certified report to the Secretary, and
shall be effective as | 8 | | specified by subsection (c) of Section 6-211 of this
Code.
| 9 | | (c) The report of the appropriate municipal or county | 10 | | official notifying the
Secretary of State of unpaid fines or | 11 | | penalties pursuant to this Section
shall be certified and shall | 12 | | contain the following:
| 13 | | (1) The name, last known address as recorded with the | 14 | | Secretary of State, as provided by the lessor of the cited | 15 | | vehicle at the time of lease, or as recorded in a United | 16 | | States Post Office approved database if any notice sent | 17 | | under Section 11-208.3 of this Code is returned as | 18 | | undeliverable, and drivers license number of the
person who | 19 | | failed to pay the fine or
penalty or who has defaulted in a | 20 | | payment plan and the registration number of any vehicle | 21 | | known to be registered
to such person in this State.
| 22 | | (2) The name of the municipality or county making the | 23 | | report pursuant to this
Section.
| 24 | | (3) A statement that the municipality or county sent a | 25 | | notice of impending
drivers license suspension as | 26 | | prescribed by ordinance enacted
pursuant to Section |
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| 1 | | 11-208.3 of this Code or a notice of default in a payment | 2 | | plan, to the person named in the report at the
address | 3 | | recorded with the Secretary of State or at the last address | 4 | | known to the lessor of the cited vehicle at the time of | 5 | | lease or, if any notice sent under Section 11-208.3 of this | 6 | | Code is returned as undeliverable, at the last known | 7 | | address recorded in a United States Post Office approved | 8 | | database; the date on which such
notice was sent; and the | 9 | | address to which such notice was sent.
In a municipality or | 10 | | county with a population of 1,000,000 or more, the report | 11 | | shall
also include a statement that the alleged violator's | 12 | | State vehicle registration
number and vehicle make, if | 13 | | specified on the automated speed enforcement system | 14 | | violation or automated traffic law violation notice, are | 15 | | correct as they appear on the citations. | 16 | | (4) A unique identifying reference number for each | 17 | | request of suspension sent whenever a person has failed to | 18 | | pay the fine or penalty or has defaulted on a payment plan.
| 19 | | (d) Any municipality or county making a certified report to | 20 | | the Secretary of State
pursuant to this Section
shall notify | 21 | | the Secretary of State, in a form prescribed by the
Secretary, | 22 | | whenever a person named in the certified report has paid the
| 23 | | previously reported fine or penalty, whenever a person named in | 24 | | the certified report has entered into a payment plan pursuant | 25 | | to which the municipality or county has agreed to terminate the | 26 | | suspension, or whenever the municipality or county determines
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| 1 | | that the original report was in error. A certified copy of such
| 2 | | notification shall also be given upon request and at no | 3 | | additional charge
to the person named therein. Upon receipt of | 4 | | the municipality's or county's
notification or presentation of | 5 | | a certified copy of such notification, the
Secretary of State | 6 | | shall terminate the suspension.
| 7 | | (e) Any municipality or county making a certified report to | 8 | | the Secretary of State
pursuant to this Section
shall also by | 9 | | ordinance establish procedures for persons to
challenge the | 10 | | accuracy of the certified report. The ordinance shall also
| 11 | | state the grounds for such a challenge, which may be limited to | 12 | | (1) the
person not having been the owner or lessee of the | 13 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 14 | | compliance
violation notices or a combination of 5 or more | 15 | | automated speed enforcement system or automated traffic law | 16 | | violations on the date or dates such notices were issued; and | 17 | | (2) the
person
having already paid the fine or penalty for the | 18 | | 10 or more standing, parking, or compliance violations or | 19 | | combination of 5 or more automated speed enforcement system or | 20 | | automated traffic law violations
indicated on the certified | 21 | | report.
| 22 | | (f) Any municipality or county, other than a municipality | 23 | | or county establishing vehicular
standing, parking, and | 24 | | compliance regulations pursuant to
Section 11-208.3, automated | 25 | | speed enforcement system regulations under Section 11-208.8, | 26 | | or automated traffic law regulations under Section 11-208.6, |
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| 1 | | 11-208.9, or 11-1201.1, may also
cause a suspension of a | 2 | | person's drivers license pursuant to this Section.
Such | 3 | | municipality or county may invoke this sanction by making a | 4 | | certified report to
the Secretary of State upon a person's | 5 | | failure to satisfy any fine or
penalty imposed by final | 6 | | judgment for 10 or more violations of local
standing, parking, | 7 | | or compliance regulations or a combination of 5 or more | 8 | | automated speed enforcement system or automated traffic law | 9 | | violations after exhaustion
of judicial review
procedures, but | 10 | | only if:
| 11 | | (1) the municipality or county complies with the | 12 | | provisions of this Section in all
respects except in regard | 13 | | to enacting an ordinance pursuant to Section
11-208.3;
| 14 | | (2) the municipality or county has sent a notice of | 15 | | impending
drivers license suspension as prescribed by an | 16 | | ordinance enacted pursuant to
subsection (g) of this | 17 | | Section; and
| 18 | | (3) in municipalities or counties with a population of | 19 | | 1,000,000 or more, the
municipality or county
has verified | 20 | | that the alleged violator's State vehicle registration | 21 | | number and
vehicle make are correct as they appear on the | 22 | | citations.
| 23 | | (g) Any municipality or county, other than a municipality | 24 | | or county establishing
standing, parking, and compliance | 25 | | regulations pursuant to
Section 11-208.3, automated speed | 26 | | enforcement system regulations under Section 11-208.8, or |
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| 1 | | automated traffic law regulations under Section 11-208.6, | 2 | | 11-208.9, or 11-1201.1, may provide by
ordinance for the | 3 | | sending of a notice of impending
drivers license suspension to | 4 | | the person who has failed to satisfy any fine
or penalty | 5 | | imposed by final judgment for 10 or more violations of local
| 6 | | standing, parking, or compliance regulations or a combination | 7 | | of 5 or more automated speed enforcement system or automated | 8 | | traffic law violations after exhaustion
of
judicial review
| 9 | | procedures. An ordinance so providing shall specify that the | 10 | | notice
sent to the person liable for any fine or penalty
shall | 11 | | state that failure to pay the fine or
penalty owing within 45 | 12 | | days of the notice's date will result in the
municipality or | 13 | | county notifying the Secretary of State that
the person's | 14 | | drivers license is eligible for suspension pursuant to this
| 15 | | Section.
The notice of impending drivers license suspension
| 16 | | shall be sent by first class United States mail, postage | 17 | | prepaid, to the
address
recorded with the Secretary of State or | 18 | | at the last address known to the lessor of the cited vehicle at | 19 | | the time of lease or, if any notice sent under Section 11-208.3 | 20 | | of this Code is returned as undeliverable, to the last known | 21 | | address recorded in a United States Post Office approved | 22 | | database.
| 23 | | (h) An administrative hearing to contest an impending | 24 | | suspension or a
suspension made pursuant to this Section may be | 25 | | had upon filing a written
request with the Secretary of State. | 26 | | The filing fee for this hearing shall
be $20, to be paid at the |
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| 1 | | time the request is made.
A municipality or county which files | 2 | | a certified report with the Secretary of
State pursuant to this | 3 | | Section shall reimburse the Secretary for all
reasonable costs | 4 | | incurred by the Secretary as a result of the filing of the
| 5 | | report, including but not limited to the costs of providing the | 6 | | notice
required pursuant to subsection (b) and the costs | 7 | | incurred by the Secretary
in any hearing conducted with respect | 8 | | to the report pursuant to this
subsection and any appeal from | 9 | | such a hearing.
| 10 | | (i) The provisions of this Section shall apply on and after | 11 | | January 1, 1988.
| 12 | | (j) For purposes of this Section, the term "compliance | 13 | | violation" is
defined as in Section 11-208.3.
| 14 | | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; | 15 | | 98-556, eff. 1-1-14.)
| 16 | | (Text of Section after amendment by P.A. 101-623 )
| 17 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 18 | | parking,
compliance, automated speed enforcement system, or | 19 | | automated traffic law violations; suspension of driving | 20 | | privileges.
| 21 | | (a) Upon receipt of
a certified report,
as prescribed by | 22 | | subsection (c) of
this Section, from
any municipality or county | 23 | | stating that the owner of a registered vehicle has failed to | 24 | | pay any
fine or penalty due and owing as a result of 5 offenses | 25 | | for automated speed enforcement system violations or automated |
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| 1 | | traffic
violations as defined in Sections
11-208.6, 11-208.8, | 2 | | 11-208.9, or 11-1201.1, or combination thereof, or (3) is more | 3 | | than 14 days in default of a payment plan pursuant to which a | 4 | | suspension had been terminated under subsection (c) of this | 5 | | Section, the Secretary of State
shall suspend the driving | 6 | | privileges of such person in accordance with the
procedures set | 7 | | forth in this Section.
The Secretary shall also suspend the | 8 | | driving privileges of an owner of a
registered vehicle upon | 9 | | receipt of a certified report, as prescribed by
subsection (f) | 10 | | of this Section, from any municipality or county stating that | 11 | | such
person has failed to satisfy any fines or penalties | 12 | | imposed by final judgments
for 5 or more automated speed | 13 | | enforcement system or automated traffic law violations under | 14 | | Section 11-208.8, 11-208.9, or 11-1201.1 , or combination | 15 | | thereof, after
exhaustion of judicial review procedures. The | 16 | | Secretary may not suspend the driving privileges of a person | 17 | | for violations of Section 11-208.6 of this Code.
| 18 | | (b) Following receipt of the certified report of the | 19 | | municipality or county as
specified in this Section, the | 20 | | Secretary of State shall notify the person
whose name appears | 21 | | on the certified report that
the person's
drivers license will | 22 | | be suspended at the end of a specified period of time
unless | 23 | | the Secretary of State is presented with a notice from the
| 24 | | municipality or county certifying that the fine or penalty due
| 25 | | and owing the municipality or county has been paid or that | 26 | | inclusion of that
person's name on the certified report was in |
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| 1 | | error. The Secretary's notice
shall state in substance the | 2 | | information
contained in the municipality's or county's | 3 | | certified report to the Secretary, and
shall be effective as | 4 | | specified by subsection (c) of Section 6-211 of this
Code.
| 5 | | (c) The report of the appropriate municipal or county | 6 | | official notifying the
Secretary of State of unpaid fines or | 7 | | penalties pursuant to this Section
shall be certified and shall | 8 | | contain the following:
| 9 | | (1) The name, last known address as recorded with the | 10 | | Secretary of State, as provided by the lessor of the cited | 11 | | vehicle at the time of lease, or as recorded in a United | 12 | | States Post Office approved database if any notice sent | 13 | | under Section 11-208.3 of this Code is returned as | 14 | | undeliverable, and drivers license number of the
person who | 15 | | failed to pay the fine or
penalty or who has defaulted in a | 16 | | payment plan and the registration number of any vehicle | 17 | | known to be registered
to such person in this State.
| 18 | | (2) The name of the municipality or county making the | 19 | | report pursuant to this
Section.
| 20 | | (3) A statement that the municipality or county sent a | 21 | | notice of impending
drivers license suspension as | 22 | | prescribed by ordinance enacted
pursuant to Section | 23 | | 11-208.3 of this Code or a notice of default in a payment | 24 | | plan, to the person named in the report at the
address | 25 | | recorded with the Secretary of State or at the last address | 26 | | known to the lessor of the cited vehicle at the time of |
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| 1 | | lease or, if any notice sent under Section 11-208.3 of this | 2 | | Code is returned as undeliverable, at the last known | 3 | | address recorded in a United States Post Office approved | 4 | | database; the date on which such
notice was sent; and the | 5 | | address to which such notice was sent.
In a municipality or | 6 | | county with a population of 1,000,000 or more, the report | 7 | | shall
also include a statement that the alleged violator's | 8 | | State vehicle registration
number and vehicle make, if | 9 | | specified on the automated speed enforcement system | 10 | | violation or automated traffic law violation notice, are | 11 | | correct as they appear on the citations. | 12 | | (4) A unique identifying reference number for each | 13 | | request of suspension sent whenever a person has failed to | 14 | | pay the fine or penalty or has defaulted on a payment plan.
| 15 | | (d) Any municipality or county making a certified report to | 16 | | the Secretary of State
pursuant to this Section
shall notify | 17 | | the Secretary of State, in a form prescribed by the
Secretary, | 18 | | whenever a person named in the certified report has paid the
| 19 | | previously reported fine or penalty, whenever a person named in | 20 | | the certified report has entered into a payment plan pursuant | 21 | | to which the municipality or county has agreed to terminate the | 22 | | suspension, or whenever the municipality or county determines
| 23 | | that the original report was in error. A certified copy of such
| 24 | | notification shall also be given upon request and at no | 25 | | additional charge
to the person named therein. As soon as | 26 | | practicable after the effective date of this amendatory Act of |
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| 1 | | the 101st General Assembly, the municipality or county shall: | 2 | | (1) evaluate whether any certified reports submitted to the | 3 | | Secretary of State indicated that the person named in the | 4 | | certified report was subject to the suspension of driving | 5 | | privileges based on a violation of Section 11-208.6 before the | 6 | | effective date of this amendatory Act of the 101st General | 7 | | Assembly; and (2) provide notice of eligibility for the | 8 | | restoration of driving privileges under this amendatory Act of | 9 | | the 101st General Assembly to the Secretary of State and to any | 10 | | person eligible for the restoration of driving privileges. Upon | 11 | | receipt of the municipality's or county's
notification or | 12 | | presentation of a certified copy of a notification under this | 13 | | subsection, such notification, the
Secretary of State shall | 14 | | terminate the suspension.
| 15 | | (e) Any municipality or county making a certified report to | 16 | | the Secretary of State
pursuant to this Section
shall also by | 17 | | ordinance establish procedures for persons to
challenge the | 18 | | accuracy of the certified report. The ordinance shall also
| 19 | | state the grounds for such a challenge, which may be limited to | 20 | | (1) the
person not having been the owner or lessee of the | 21 | | vehicle or vehicles
receiving a combination of 5 or more | 22 | | automated speed enforcement system or automated traffic law | 23 | | violations on the date or dates such notices were issued; and | 24 | | (2) the
person
having already paid the fine or penalty for the | 25 | | combination of 5 or more automated speed enforcement system or | 26 | | automated traffic law violations
indicated on the certified |
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| 1 | | report.
| 2 | | (f) Any municipality or county, other than a municipality | 3 | | or county establishing automated speed enforcement system | 4 | | regulations under Section 11-208.8, or automated traffic law | 5 | | regulations under Section 11-208.6, 11-208.9 , or 11-1201.1, | 6 | | may also
cause a suspension of a person's drivers license | 7 | | pursuant to this Section.
Such municipality or county may | 8 | | invoke this sanction by making a certified report to
the | 9 | | Secretary of State upon a person's failure to satisfy any fine | 10 | | or
penalty imposed by final judgment for a combination of 5 or | 11 | | more automated speed enforcement system or automated traffic | 12 | | law violations after exhaustion
of judicial review
procedures, | 13 | | but only if:
| 14 | | (1) the municipality or county complies with the | 15 | | provisions of this Section in all
respects except in regard | 16 | | to enacting an ordinance pursuant to Section
11-208.3;
| 17 | | (2) the municipality or county has sent a notice of | 18 | | impending
drivers license suspension as prescribed by an | 19 | | ordinance enacted pursuant to
subsection (g) of this | 20 | | Section; and
| 21 | | (3) in municipalities or counties with a population of | 22 | | 1,000,000 or more, the
municipality or county
has verified | 23 | | that the alleged violator's State vehicle registration | 24 | | number and
vehicle make are correct as they appear on the | 25 | | citations.
| 26 | | (g) Any municipality or county, other than a municipality |
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| 1 | | or county establishing
automated speed enforcement system | 2 | | regulations under Section 11-208.8, or automated traffic law | 3 | | regulations under Section 11-208.6, 11-208.9 , or 11-1201.1, | 4 | | may provide by
ordinance for the sending of a notice of | 5 | | impending
drivers license suspension to the person who has | 6 | | failed to satisfy any fine
or penalty imposed by final judgment | 7 | | for a combination of 5 or more automated speed enforcement | 8 | | system or automated traffic law violations after exhaustion
of
| 9 | | judicial review
procedures. An ordinance so providing shall | 10 | | specify that the notice
sent to the person liable for any fine | 11 | | or penalty
shall state that failure to pay the fine or
penalty | 12 | | owing within 45 days of the notice's date will result in the
| 13 | | municipality or county notifying the Secretary of State that
| 14 | | the person's drivers license is eligible for suspension | 15 | | pursuant to this
Section.
The notice of impending drivers | 16 | | license suspension
shall be sent by first class United States | 17 | | mail, postage prepaid, to the
address
recorded with the | 18 | | Secretary of State or at the last address known to the lessor | 19 | | of the cited vehicle at the time of lease or, if any notice | 20 | | sent under Section 11-208.3 of this Code is returned as | 21 | | undeliverable, to the last known address recorded in a United | 22 | | States Post Office approved database.
| 23 | | (h) An administrative hearing to contest an impending | 24 | | suspension or a
suspension made pursuant to this Section may be | 25 | | had upon filing a written
request with the Secretary of State. | 26 | | The filing fee for this hearing shall
be $20, to be paid at the |
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| 1 | | time the request is made.
A municipality or county which files | 2 | | a certified report with the Secretary of
State pursuant to this | 3 | | Section shall reimburse the Secretary for all
reasonable costs | 4 | | incurred by the Secretary as a result of the filing of the
| 5 | | report, including but not limited to the costs of providing the | 6 | | notice
required pursuant to subsection (b) and the costs | 7 | | incurred by the Secretary
in any hearing conducted with respect | 8 | | to the report pursuant to this
subsection and any appeal from | 9 | | such a hearing.
| 10 | | (i) The provisions of this Section shall apply on and after | 11 | | January 1, 1988.
| 12 | | (j) For purposes of this Section, the term "compliance | 13 | | violation" is
defined as in Section 11-208.3.
| 14 | | (Source: P.A. 101-623, eff. 7-1-20.)
| 15 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 16 | | (Text of Section before amendment by P.A. 101-623 )
| 17 | | Sec. 11-208.3. Administrative adjudication of violations | 18 | | of traffic
regulations concerning the standing, parking, or | 19 | | condition of
vehicles, automated traffic law violations, and | 20 | | automated speed enforcement system violations.
| 21 | | (a) Any municipality or county may provide by ordinance for | 22 | | a system of
administrative adjudication of vehicular standing | 23 | | and parking violations and
vehicle compliance violations as | 24 | | described in this subsection, automated traffic law violations | 25 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and |
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| 1 | | automated speed enforcement system violations as defined in | 2 | | Section 11-208.8.
The administrative system shall have as its | 3 | | purpose the fair and
efficient enforcement of municipal or | 4 | | county regulations through the
administrative adjudication of | 5 | | automated speed enforcement system or automated traffic law | 6 | | violations and violations of municipal or county ordinances
| 7 | | regulating the standing and parking of vehicles, the condition | 8 | | and use of
vehicle equipment, and the display of municipal or | 9 | | county wheel tax licenses within the
municipality's
or county's | 10 | | borders. The administrative system shall only have authority to | 11 | | adjudicate
civil offenses carrying fines not in excess of $500 | 12 | | or requiring the completion of a traffic education program, or | 13 | | both, that occur after the
effective date of the ordinance | 14 | | adopting such a system under this Section.
For purposes of this | 15 | | Section, "compliance violation" means a violation of a
| 16 | | municipal or county regulation governing the condition or use | 17 | | of equipment on a vehicle
or governing the display of a | 18 | | municipal or county wheel tax license.
| 19 | | (b) Any ordinance establishing a system of administrative | 20 | | adjudication
under this Section shall provide for:
| 21 | | (1) A traffic compliance administrator authorized to
| 22 | | adopt, distribute , and
process parking, compliance, and | 23 | | automated speed enforcement system or automated traffic | 24 | | law violation notices and other notices required
by this
| 25 | | Section, collect money paid as fines and penalties for | 26 | | violation of parking
and compliance
ordinances and |
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| 1 | | automated speed enforcement system or automated traffic | 2 | | law violations, and operate an administrative adjudication | 3 | | system. The traffic
compliance
administrator also may make | 4 | | a certified report to the Secretary of State
under Section | 5 | | 6-306.5.
| 6 | | (2) A parking, standing, compliance, automated speed | 7 | | enforcement system, or automated traffic law violation | 8 | | notice
that
shall specify or include the date,
time, and | 9 | | place of violation of a parking, standing,
compliance, | 10 | | automated speed enforcement system, or automated traffic | 11 | | law
regulation; the particular regulation
violated; any | 12 | | requirement to complete a traffic education program; the | 13 | | fine and any penalty that may be assessed for late payment | 14 | | or failure to complete a required traffic education | 15 | | program, or both,
when so provided by ordinance; the | 16 | | vehicle make or a photograph of the vehicle; the state | 17 | | registration
number of the vehicle; and the identification | 18 | | number of the
person issuing the notice.
With regard to | 19 | | automated speed enforcement system or automated traffic | 20 | | law violations, vehicle make shall be specified on the | 21 | | automated speed enforcement system or automated traffic | 22 | | law violation notice if the notice does not include a | 23 | | photograph of the vehicle and the make is available and | 24 | | readily discernible. With regard to municipalities or | 25 | | counties with a population of 1 million or more, it
shall | 26 | | be grounds for
dismissal of a parking
violation if the |
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| 1 | | state registration number or vehicle make specified is
| 2 | | incorrect. The violation notice shall state that the | 3 | | completion of any required traffic education program, the | 4 | | payment of any indicated
fine, and the payment of any | 5 | | applicable penalty for late payment or failure to complete | 6 | | a required traffic education program, or both, shall | 7 | | operate as a
final disposition of the violation. The notice | 8 | | also shall contain
information as to the availability of a | 9 | | hearing in which the violation may
be contested on its | 10 | | merits. The violation notice shall specify the
time and | 11 | | manner in which a hearing may be had.
| 12 | | (3) Service of a parking, standing, or compliance
| 13 | | violation notice by: (i) affixing the
original or a | 14 | | facsimile of the notice to an unlawfully parked or standing | 15 | | vehicle; (ii)
handing the notice to the operator of a | 16 | | vehicle if he or she is
present; or (iii) mailing the | 17 | | notice to the address of the registered owner or lessee of | 18 | | the cited vehicle as recorded with the Secretary of State | 19 | | or the lessor of the motor vehicle within 30 days after the | 20 | | Secretary of State or the lessor of the motor vehicle | 21 | | notifies the municipality or county of the identity of the | 22 | | owner or lessee of the vehicle, but not later than 90 days | 23 | | after the date of the violation, except that in the case of | 24 | | a lessee of a motor vehicle, service of a parking, | 25 | | standing, or compliance violation notice may occur no later | 26 | | than 210 days after the violation; and service of an |
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| 1 | | automated speed enforcement system or automated traffic | 2 | | law violation notice by mail to the
address
of the | 3 | | registered owner or lessee of the cited vehicle as recorded | 4 | | with the Secretary of
State or the lessor of the motor | 5 | | vehicle within 30 days after the Secretary of State or the | 6 | | lessor of the motor vehicle notifies the municipality or | 7 | | county of the identity of the owner or lessee of the | 8 | | vehicle, but not later than 90 days after the violation, | 9 | | except that in the case of a lessee of a motor vehicle, | 10 | | service of an automated traffic law violation notice may | 11 | | occur no later than 210 days after the violation. A person | 12 | | authorized by ordinance to issue and serve parking,
| 13 | | standing, and compliance
violation notices shall certify | 14 | | as to the correctness of the facts entered
on the violation | 15 | | notice by signing his or her name to the notice at
the time | 16 | | of service or , in the case of a notice produced by a | 17 | | computerized
device, by signing a single certificate to be | 18 | | kept by the traffic
compliance
administrator attesting to | 19 | | the correctness of all notices produced by the
device while | 20 | | it was under his or her control. In the case of an | 21 | | automated traffic law violation, the ordinance shall
| 22 | | require
a
determination by a technician employed or | 23 | | contracted by the municipality or county that,
based on | 24 | | inspection of recorded images, the motor vehicle was being | 25 | | operated in
violation of Section 11-208.6, 11-208.9, or | 26 | | 11-1201.1 or a local ordinance.
If the technician |
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| 1 | | determines that the
vehicle entered the intersection as | 2 | | part of a funeral procession or in order to
yield the | 3 | | right-of-way to an emergency vehicle, a citation shall not | 4 | | be issued. In municipalities with a population of less than | 5 | | 1,000,000 inhabitants and counties with a population of | 6 | | less than 3,000,000 inhabitants, the automated traffic law | 7 | | ordinance shall require that all determinations by a | 8 | | technician that a motor vehicle was being operated in
| 9 | | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | 10 | | local ordinance must be reviewed and approved by a law | 11 | | enforcement officer or retired law enforcement officer of | 12 | | the municipality or county issuing the violation. In | 13 | | municipalities with a population of 1,000,000 or more | 14 | | inhabitants and counties with a population of 3,000,000 or | 15 | | more inhabitants, the automated traffic law ordinance | 16 | | shall require that all determinations by a technician that | 17 | | a motor vehicle was being operated in
violation of Section | 18 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | 19 | | be reviewed and approved by a law enforcement officer or | 20 | | retired law enforcement officer of the municipality or | 21 | | county issuing the violation or by an additional fully | 22 | | trained fully-trained reviewing technician who is not | 23 | | employed by the contractor who employs the technician who | 24 | | made the initial determination. In the case of an automated | 25 | | speed enforcement system violation, the ordinance shall | 26 | | require a determination by a technician employed by the |
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| 1 | | municipality, based upon an inspection of recorded images, | 2 | | video or other documentation, including documentation of | 3 | | the speed limit and automated speed enforcement signage, | 4 | | and documentation of the inspection, calibration, and | 5 | | certification of the speed equipment, that the vehicle was | 6 | | being operated in violation of Article VI of Chapter 11 of | 7 | | this Code or a similar local ordinance. If the technician | 8 | | determines that the vehicle speed was not determined by a | 9 | | calibrated, certified speed equipment device based upon | 10 | | the speed equipment documentation, or if the vehicle was an | 11 | | emergency vehicle, a citation may not be issued. The | 12 | | automated speed enforcement ordinance shall require that | 13 | | all determinations by a technician that a violation | 14 | | occurred be reviewed and approved by a law enforcement | 15 | | officer or retired law enforcement officer of the | 16 | | municipality issuing the violation or by an additional | 17 | | fully trained reviewing technician who is not employed by | 18 | | the contractor who employs the technician who made the | 19 | | initial determination. Routine and independent calibration | 20 | | of the speeds produced by automated speed enforcement | 21 | | systems and equipment shall be conducted annually by a | 22 | | qualified technician. Speeds produced by an automated | 23 | | speed enforcement system shall be compared with speeds | 24 | | produced by lidar or other independent equipment. Radar or | 25 | | lidar equipment shall undergo an internal validation test | 26 | | no less frequently than once each week. Qualified |
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| 1 | | technicians shall test loop-based loop based equipment no | 2 | | less frequently than once a year. Radar equipment shall be | 3 | | checked for accuracy by a qualified technician when the | 4 | | unit is serviced, when unusual or suspect readings persist, | 5 | | or when deemed necessary by a reviewing technician. Radar | 6 | | equipment shall be checked with the internal frequency | 7 | | generator and the internal circuit test whenever the radar | 8 | | is turned on. Technicians must be alert for any unusual or | 9 | | suspect readings, and if unusual or suspect readings of a | 10 | | radar unit persist, that unit shall immediately be removed | 11 | | from service and not returned to service until it has been | 12 | | checked by a qualified technician and determined to be | 13 | | functioning properly. Documentation of the annual | 14 | | calibration results, including the equipment tested, test | 15 | | date, technician performing the test, and test results, | 16 | | shall be maintained and available for use in the | 17 | | determination of an automated speed enforcement system | 18 | | violation and issuance of a citation. The technician | 19 | | performing the calibration and testing of the automated | 20 | | speed enforcement equipment shall be trained and certified | 21 | | in the use of equipment for speed enforcement purposes. | 22 | | Training on the speed enforcement equipment may be | 23 | | conducted by law enforcement, civilian, or manufacturer's | 24 | | personnel and if applicable may be equivalent to the | 25 | | equipment use and operations training included in the Speed | 26 | | Measuring Device Operator Program developed by the |
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| 1 | | National Highway Traffic Safety Administration (NHTSA). | 2 | | The vendor or technician who performs the work shall keep | 3 | | accurate records on each piece of equipment the technician | 4 | | calibrates and tests. As used in this paragraph, " fully | 5 | | trained fully-trained reviewing technician" means a person | 6 | | who has received at least 40 hours of supervised training | 7 | | in subjects which shall include image inspection and | 8 | | interpretation, the elements necessary to prove a | 9 | | violation, license plate identification, and traffic | 10 | | safety and management. In all municipalities and counties, | 11 | | the automated speed enforcement system or automated | 12 | | traffic law ordinance shall require that no additional fee | 13 | | shall be charged to the alleged violator for exercising his | 14 | | or her right to an administrative hearing, and persons | 15 | | shall be given at least 25 days following an administrative | 16 | | hearing to pay any civil penalty imposed by a finding that | 17 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | 18 | | similar local ordinance has been violated. The original or | 19 | | a
facsimile of the violation notice or, in the case of a | 20 | | notice produced by a
computerized device, a printed record | 21 | | generated by the device showing the facts
entered on the | 22 | | notice, shall be retained by the
traffic compliance
| 23 | | administrator, and shall be a record kept in the ordinary | 24 | | course of
business. A parking, standing, compliance, | 25 | | automated speed enforcement system, or automated traffic | 26 | | law violation notice issued,
signed , and served in
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| 1 | | accordance with this Section, a copy of the notice, or the | 2 | | computer-generated computer
generated record shall be | 3 | | prima facie
correct and shall be prima facie evidence of | 4 | | the correctness of the facts
shown on the notice. The | 5 | | notice, copy, or computer-generated computer generated
| 6 | | record shall be admissible in any
subsequent | 7 | | administrative or legal proceedings.
| 8 | | (4) An opportunity for a hearing for the registered | 9 | | owner of the
vehicle cited in the parking, standing, | 10 | | compliance, automated speed enforcement system, or | 11 | | automated traffic law violation notice in
which the owner | 12 | | may
contest the merits of the alleged violation, and during | 13 | | which formal or
technical rules of evidence shall not | 14 | | apply; provided, however, that under
Section 11-1306 of | 15 | | this Code the lessee of a vehicle cited in the
violation | 16 | | notice likewise shall be provided an opportunity for a | 17 | | hearing of
the same kind afforded the registered owner. The | 18 | | hearings shall be
recorded, and the person conducting the | 19 | | hearing on behalf of the traffic
compliance
administrator | 20 | | shall be empowered to administer oaths and to secure by
| 21 | | subpoena both the attendance and testimony of witnesses and | 22 | | the production
of relevant books and papers. Persons | 23 | | appearing at a hearing under this
Section may be | 24 | | represented by counsel at their expense. The ordinance may
| 25 | | also provide for internal administrative review following | 26 | | the decision of
the hearing officer.
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| 1 | | (5) Service of additional notices, sent by first class | 2 | | United States
mail, postage prepaid, to the address of the | 3 | | registered owner of the cited
vehicle as recorded with the | 4 | | Secretary of State or, if any notice to that address is | 5 | | returned as undeliverable, to the last known address | 6 | | recorded in a United States Post Office approved database,
| 7 | | or, under Section 11-1306
or subsection (p) of Section | 8 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | 9 | | of this Code, to the lessee of the cited vehicle at the | 10 | | last address known
to the lessor of the cited vehicle at | 11 | | the time of lease or, if any notice to that address is | 12 | | returned as undeliverable, to the last known address | 13 | | recorded in a United States Post Office approved database.
| 14 | | The service shall
be deemed complete as of the date of | 15 | | deposit in the United States mail.
The notices shall be in | 16 | | the following sequence and shall include , but not be
| 17 | | limited to , the information specified herein:
| 18 | | (i) A second notice of parking, standing, or | 19 | | compliance violation if the first notice of the | 20 | | violation was issued by affixing the original or a | 21 | | facsimile of the notice to the unlawfully parked | 22 | | vehicle or by handing the notice to the operator. This | 23 | | notice shall specify or include the
date and location | 24 | | of the violation cited in the parking,
standing,
or | 25 | | compliance violation
notice, the particular regulation | 26 | | violated, the vehicle
make or a photograph of the |
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| 1 | | vehicle, the state registration number of the vehicle, | 2 | | any requirement to complete a traffic education | 3 | | program, the fine and any penalty that may be
assessed | 4 | | for late payment or failure to complete a traffic | 5 | | education program, or both, when so provided by | 6 | | ordinance, the availability
of a hearing in which the | 7 | | violation may be contested on its merits, and the
time | 8 | | and manner in which the hearing may be had. The notice | 9 | | of violation
shall also state that failure to complete | 10 | | a required traffic education program, to pay the | 11 | | indicated fine and any
applicable penalty, or to appear | 12 | | at a hearing on the merits in the time and
manner | 13 | | specified, will result in a final determination of | 14 | | violation
liability for the cited violation in the | 15 | | amount of the fine or penalty
indicated, and that, upon | 16 | | the occurrence of a final determination of violation | 17 | | liability for the failure, and the exhaustion of, or
| 18 | | failure to exhaust, available administrative or | 19 | | judicial procedures for
review, any incomplete traffic | 20 | | education program or any unpaid fine or penalty, or | 21 | | both, will constitute a debt due and owing
the | 22 | | municipality or county.
| 23 | | (ii) A notice of final determination of parking, | 24 | | standing,
compliance, automated speed enforcement | 25 | | system, or automated traffic law violation liability.
| 26 | | This notice shall be sent following a final |
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| 1 | | determination of parking,
standing, compliance, | 2 | | automated speed enforcement system, or automated | 3 | | traffic law
violation liability and the conclusion of | 4 | | judicial review procedures taken
under this Section. | 5 | | The notice shall state that the incomplete traffic | 6 | | education program or the unpaid fine or
penalty, or | 7 | | both, is a debt due and owing the municipality or | 8 | | county. The notice shall contain
warnings that failure | 9 | | to complete any required traffic education program or | 10 | | to pay any fine or penalty due and owing the
| 11 | | municipality or county, or both, within the time | 12 | | specified may result in the municipality's
or county's | 13 | | filing of a petition in the Circuit Court to have the | 14 | | incomplete traffic education program or unpaid
fine or | 15 | | penalty, or both, rendered a judgment as provided by | 16 | | this Section, or may
result in suspension of the | 17 | | person's driver's drivers license for failure to | 18 | | complete a traffic education program or to pay
fines or | 19 | | penalties, or both, for 10 or more parking violations | 20 | | under Section 6-306.5, or a combination of 5 or more | 21 | | automated traffic law violations under Section | 22 | | 11-208.6 or 11-208.9 or automated speed enforcement | 23 | | system violations under Section 11-208.8.
| 24 | | (6) A notice of impending driver's drivers license | 25 | | suspension. This
notice shall be sent to the person liable | 26 | | for failure to complete a required traffic education |
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| 1 | | program or to pay any fine or penalty that
remains due and | 2 | | owing, or both, on 10 or more parking
violations or | 3 | | combination of 5 or more unpaid automated speed enforcement | 4 | | system or automated traffic law violations. The notice
| 5 | | shall state that failure to complete a required traffic | 6 | | education program or to pay the fine or penalty owing, or | 7 | | both, within 45 days of
the notice's date will result in | 8 | | the municipality or county notifying the Secretary
of State | 9 | | that the person is eligible for initiation of suspension
| 10 | | proceedings under Section 6-306.5 of this Code. The notice | 11 | | shall also state
that the person may obtain a photostatic | 12 | | copy of an original ticket imposing a
fine or penalty by | 13 | | sending a self-addressed self addressed , stamped envelope | 14 | | to the
municipality or county along with a request for the | 15 | | photostatic copy.
The notice of impending driver's
drivers | 16 | | license suspension shall be sent by first class United | 17 | | States mail,
postage prepaid, to the address recorded with | 18 | | the Secretary of State or, if any notice to that address is | 19 | | returned as undeliverable, to the last known address | 20 | | recorded in a United States Post Office approved database.
| 21 | | (7) Final determinations of violation liability. A | 22 | | final
determination of violation liability shall occur | 23 | | following failure to complete the required traffic | 24 | | education program or
to pay the fine or penalty, or both, | 25 | | after a hearing officer's determination of violation | 26 | | liability and the exhaustion of or failure to exhaust any
|
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| 1 | | administrative review procedures provided by ordinance. | 2 | | Where a person
fails to appear at a hearing to contest the | 3 | | alleged violation in the time
and manner specified in a | 4 | | prior mailed notice, the hearing officer's
determination | 5 | | of violation liability shall become final: (A) upon
denial | 6 | | of a timely petition to set aside that determination, or | 7 | | (B) upon
expiration of the period for filing the petition | 8 | | without a
filing having been made.
| 9 | | (8) A petition to set aside a determination of parking, | 10 | | standing,
compliance, automated speed enforcement system, | 11 | | or automated traffic law violation
liability that may be | 12 | | filed by a person owing an unpaid fine or penalty. A | 13 | | petition to set aside a determination of liability may also | 14 | | be filed by a person required to complete a traffic | 15 | | education program.
The petition shall be filed with and | 16 | | ruled upon by the traffic compliance
administrator in the | 17 | | manner and within the time specified by ordinance.
The | 18 | | grounds for the petition may be limited to: (A) the person | 19 | | not having
been the owner or lessee of the cited vehicle on | 20 | | the date the
violation notice was issued, (B) the person | 21 | | having already completed the required traffic education | 22 | | program or paid the fine or
penalty, or both, for the | 23 | | violation in question, and (C) excusable failure to
appear | 24 | | at or
request a new date for a hearing.
With regard to | 25 | | municipalities or counties with a population of 1 million | 26 | | or more, it
shall be grounds for
dismissal of a
parking |
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| 1 | | violation if the state registration number or vehicle make, | 2 | | only if specified in the violation notice, is
incorrect. | 3 | | After the determination of
parking, standing, compliance, | 4 | | automated speed enforcement system, or automated traffic | 5 | | law violation liability has been set aside
upon a showing | 6 | | of just
cause, the registered owner shall be provided with | 7 | | a hearing on the merits
for that violation.
| 8 | | (9) Procedures for non-residents. Procedures by which | 9 | | persons who are
not residents of the municipality or county | 10 | | may contest the merits of the alleged
violation without | 11 | | attending a hearing.
| 12 | | (10) A schedule of civil fines for violations of | 13 | | vehicular standing,
parking, compliance, automated speed | 14 | | enforcement system, or automated traffic law regulations | 15 | | enacted by ordinance pursuant to this
Section, and a
| 16 | | schedule of penalties for late payment of the fines or | 17 | | failure to complete required traffic education programs, | 18 | | provided, however,
that the total amount of the fine and | 19 | | penalty for any one violation shall
not exceed $250, except | 20 | | as provided in subsection (c) of Section 11-1301.3 of this | 21 | | Code.
| 22 | | (11) Other provisions as are necessary and proper to | 23 | | carry into
effect the powers granted and purposes stated in | 24 | | this Section.
| 25 | | (c) Any municipality or county establishing vehicular | 26 | | standing, parking,
compliance, automated speed enforcement |
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| 1 | | system, or automated traffic law
regulations under this Section | 2 | | may also provide by ordinance for a
program of vehicle | 3 | | immobilization for the purpose of facilitating
enforcement of | 4 | | those regulations. The program of vehicle
immobilization shall | 5 | | provide for immobilizing any eligible vehicle upon the
public | 6 | | way by presence of a restraint in a manner to prevent operation | 7 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 8 | | immobilization under this Section shall provide:
| 9 | | (1) Criteria for the designation of vehicles eligible | 10 | | for
immobilization. A vehicle shall be eligible for | 11 | | immobilization when the
registered owner of the vehicle has | 12 | | accumulated the number of incomplete traffic education | 13 | | programs or unpaid final
determinations of parking, | 14 | | standing, compliance, automated speed enforcement system, | 15 | | or automated traffic law violation liability, or both, as
| 16 | | determined by ordinance.
| 17 | | (2) A notice of impending vehicle immobilization and a | 18 | | right to a
hearing to challenge the validity of the notice | 19 | | by disproving liability
for the incomplete traffic | 20 | | education programs or unpaid final determinations of | 21 | | parking, standing, compliance, automated speed enforcement | 22 | | system, or automated traffic law
violation liability, or | 23 | | both, listed
on the notice.
| 24 | | (3) The right to a prompt hearing after a vehicle has | 25 | | been immobilized
or subsequently towed without the | 26 | | completion of the required traffic education program or |
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| 1 | | payment of the outstanding fines and
penalties on parking, | 2 | | standing, compliance, automated speed enforcement system, | 3 | | or automated traffic law violations, or both, for which | 4 | | final
determinations have been
issued. An order issued | 5 | | after the hearing is a final administrative
decision within | 6 | | the meaning of Section 3-101 of the Code of Civil | 7 | | Procedure.
| 8 | | (4) A post immobilization and post-towing notice | 9 | | advising the registered
owner of the vehicle of the right | 10 | | to a hearing to challenge the validity
of the impoundment.
| 11 | | (d) Judicial review of final determinations of parking, | 12 | | standing,
compliance, automated speed enforcement system, or | 13 | | automated traffic law
violations and final administrative | 14 | | decisions issued after hearings
regarding vehicle | 15 | | immobilization and impoundment made
under this Section shall be | 16 | | subject to the provisions of
the Administrative Review Law.
| 17 | | (e) Any fine, penalty, incomplete traffic education | 18 | | program, or part of any fine or any penalty remaining
unpaid | 19 | | after the exhaustion of, or the failure to exhaust, | 20 | | administrative
remedies created under this Section and the | 21 | | conclusion of any judicial
review procedures shall be a debt | 22 | | due and owing the municipality or county and, as
such, may be | 23 | | collected in accordance with applicable law. Completion of any | 24 | | required traffic education program and payment in full
of any | 25 | | fine or penalty resulting from a standing, parking,
compliance, | 26 | | automated speed enforcement system, or automated traffic law |
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| 1 | | violation shall
constitute a final disposition of that | 2 | | violation.
| 3 | | (f) After the expiration of the period within which | 4 | | judicial review may
be sought for a final determination of | 5 | | parking, standing, compliance, automated speed enforcement | 6 | | system, or automated traffic law
violation, the municipality
or | 7 | | county may commence a proceeding in the Circuit Court for | 8 | | purposes of obtaining a
judgment on the final determination of | 9 | | violation. Nothing in this
Section shall prevent a municipality | 10 | | or county from consolidating multiple final
determinations of | 11 | | parking, standing, compliance, automated speed enforcement | 12 | | system, or automated traffic law violations against a
person in | 13 | | a proceeding.
Upon commencement of the action, the municipality | 14 | | or county shall file a certified
copy or record of the final | 15 | | determination of parking, standing, compliance, automated | 16 | | speed enforcement system, or automated traffic law
violation, | 17 | | which shall be
accompanied by a certification that recites | 18 | | facts sufficient to show that
the final determination of | 19 | | violation was
issued in accordance with this Section and the | 20 | | applicable municipal
or county ordinance. Service of the | 21 | | summons and a copy of the petition may be by
any method | 22 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 23 | | certified mail, return receipt requested, provided that the | 24 | | total amount of
fines and penalties for final determinations of | 25 | | parking, standing,
compliance, automated speed enforcement | 26 | | system, or automated traffic law violations does not
exceed |
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| 1 | | $2500. If the court is satisfied that the final determination | 2 | | of
parking, standing, compliance, automated speed enforcement | 3 | | system, or automated traffic law violation was entered in | 4 | | accordance with
the requirements of
this Section and the | 5 | | applicable municipal or county ordinance, and that the | 6 | | registered
owner or the lessee, as the case may be, had an | 7 | | opportunity for an
administrative hearing and for judicial | 8 | | review as provided in this Section,
the court shall render | 9 | | judgment in favor of the municipality or county and against
the | 10 | | registered owner or the lessee for the amount indicated in the | 11 | | final
determination of parking, standing, compliance, | 12 | | automated speed enforcement system, or automated traffic law | 13 | | violation, plus costs.
The judgment shall have
the same effect | 14 | | and may be enforced in the same manner as other judgments
for | 15 | | the recovery of money.
| 16 | | (g) The fee for participating in a traffic education | 17 | | program under this Section shall not exceed $25. | 18 | | A low-income individual required to complete a traffic | 19 | | education program under this Section who provides proof of | 20 | | eligibility for the federal earned income tax credit under | 21 | | Section 32 of the Internal Revenue Code or the Illinois earned | 22 | | income tax credit under Section 212 of the Illinois Income Tax | 23 | | Act shall not be required to pay any fee for participating in a | 24 | | required traffic education program. | 25 | | (Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.) |
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| 1 | | (Text of Section after amendment by P.A. 101-623 )
| 2 | | Sec. 11-208.3. Administrative adjudication of violations | 3 | | of traffic
regulations concerning the standing, parking, or | 4 | | condition of
vehicles, automated traffic law violations, and | 5 | | automated speed enforcement system violations.
| 6 | | (a) Any municipality or county may provide by ordinance for | 7 | | a system of
administrative adjudication of vehicular standing | 8 | | and parking violations and
vehicle compliance violations as | 9 | | described in this subsection, automated traffic law violations | 10 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | 11 | | automated speed enforcement system violations as defined in | 12 | | Section 11-208.8.
The administrative system shall have as its | 13 | | purpose the fair and
efficient enforcement of municipal or | 14 | | county regulations through the
administrative adjudication of | 15 | | automated speed enforcement system or automated traffic law | 16 | | violations and violations of municipal or county ordinances
| 17 | | regulating the standing and parking of vehicles, the condition | 18 | | and use of
vehicle equipment, and the display of municipal or | 19 | | county wheel tax licenses within the
municipality's
or county's | 20 | | borders. The administrative system shall only have authority to | 21 | | adjudicate
civil offenses carrying fines not in excess of $500 | 22 | | or requiring the completion of a traffic education program, or | 23 | | both, that occur after the
effective date of the ordinance | 24 | | adopting such a system under this Section.
For purposes of this | 25 | | Section, "compliance violation" means a violation of a
| 26 | | municipal or county regulation governing the condition or use |
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| 1 | | of equipment on a vehicle
or governing the display of a | 2 | | municipal or county wheel tax license.
| 3 | | (b) Any ordinance establishing a system of administrative | 4 | | adjudication
under this Section shall provide for:
| 5 | | (1) A traffic compliance administrator authorized to
| 6 | | adopt, distribute , and
process parking, compliance, and | 7 | | automated speed enforcement system or automated traffic | 8 | | law violation notices and other notices required
by this
| 9 | | Section, collect money paid as fines and penalties for | 10 | | violation of parking
and compliance
ordinances and | 11 | | automated speed enforcement system or automated traffic | 12 | | law violations, and operate an administrative adjudication | 13 | | system. The traffic
compliance
administrator also may make | 14 | | a certified report to the Secretary of State
under Section | 15 | | 6-306.5.
| 16 | | (2) A parking, standing, compliance, automated speed | 17 | | enforcement system, or automated traffic law violation | 18 | | notice
that
shall specify or include the date,
time, and | 19 | | place of violation of a parking, standing,
compliance, | 20 | | automated speed enforcement system, or automated traffic | 21 | | law
regulation; the particular regulation
violated; any | 22 | | requirement to complete a traffic education program; the | 23 | | fine and any penalty that may be assessed for late payment | 24 | | or failure to complete a required traffic education | 25 | | program, or both,
when so provided by ordinance; the | 26 | | vehicle make or a photograph of the vehicle; the state |
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| 1 | | registration
number of the vehicle; and the identification | 2 | | number of the
person issuing the notice.
With regard to | 3 | | automated speed enforcement system or automated traffic | 4 | | law violations, vehicle make shall be specified on the | 5 | | automated speed enforcement system or automated traffic | 6 | | law violation notice if the notice does not include a | 7 | | photograph of the vehicle and the make is available and | 8 | | readily discernible. With regard to municipalities or | 9 | | counties with a population of 1 million or more, it
shall | 10 | | be grounds for
dismissal of a parking
violation if the | 11 | | state registration number or vehicle make specified is
| 12 | | incorrect. The violation notice shall state that the | 13 | | completion of any required traffic education program, the | 14 | | payment of any indicated
fine, and the payment of any | 15 | | applicable penalty for late payment or failure to complete | 16 | | a required traffic education program, or both, shall | 17 | | operate as a
final disposition of the violation. The notice | 18 | | also shall contain
information as to the availability of a | 19 | | hearing in which the violation may
be contested on its | 20 | | merits. The violation notice shall specify the
time and | 21 | | manner in which a hearing may be had.
| 22 | | (3) Service of a parking, standing, or compliance
| 23 | | violation notice by: (i) affixing the
original or a | 24 | | facsimile of the notice to an unlawfully parked or standing | 25 | | vehicle; (ii)
handing the notice to the operator of a | 26 | | vehicle if he or she is
present; or (iii) mailing the |
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| 1 | | notice to the address of the registered owner or lessee of | 2 | | the cited vehicle as recorded with the Secretary of State | 3 | | or the lessor of the motor vehicle within 30 days after the | 4 | | Secretary of State or the lessor of the motor vehicle | 5 | | notifies the municipality or county of the identity of the | 6 | | owner or lessee of the vehicle, but not later than 90 days | 7 | | after the date of the violation, except that in the case of | 8 | | a lessee of a motor vehicle, service of a parking, | 9 | | standing, or compliance violation notice may occur no later | 10 | | than 210 days after the violation; and service of an | 11 | | automated speed enforcement system or automated traffic | 12 | | law violation notice by mail to the
address
of the | 13 | | registered owner or lessee of the cited vehicle as recorded | 14 | | with the Secretary of
State or the lessor of the motor | 15 | | vehicle within 30 days after the Secretary of State or the | 16 | | lessor of the motor vehicle notifies the municipality or | 17 | | county of the identity of the owner or lessee of the | 18 | | vehicle, but not later than 90 days after the violation, | 19 | | except that in the case of a lessee of a motor vehicle, | 20 | | service of an automated traffic law violation notice may | 21 | | occur no later than 210 days after the violation. A person | 22 | | authorized by ordinance to issue and serve parking,
| 23 | | standing, and compliance
violation notices shall certify | 24 | | as to the correctness of the facts entered
on the violation | 25 | | notice by signing his or her name to the notice at
the time | 26 | | of service or , in the case of a notice produced by a |
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| 1 | | computerized
device, by signing a single certificate to be | 2 | | kept by the traffic
compliance
administrator attesting to | 3 | | the correctness of all notices produced by the
device while | 4 | | it was under his or her control. In the case of an | 5 | | automated traffic law violation, the ordinance shall
| 6 | | require
a
determination by a technician employed or | 7 | | contracted by the municipality or county that,
based on | 8 | | inspection of recorded images, the motor vehicle was being | 9 | | operated in
violation of Section 11-208.6, 11-208.9, or | 10 | | 11-1201.1 or a local ordinance.
If the technician | 11 | | determines that the
vehicle entered the intersection as | 12 | | part of a funeral procession or in order to
yield the | 13 | | right-of-way to an emergency vehicle, a citation shall not | 14 | | be issued. In municipalities with a population of less than | 15 | | 1,000,000 inhabitants and counties with a population of | 16 | | less than 3,000,000 inhabitants, the automated traffic law | 17 | | ordinance shall require that all determinations by a | 18 | | technician that a motor vehicle was being operated in
| 19 | | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | 20 | | local ordinance must be reviewed and approved by a law | 21 | | enforcement officer or retired law enforcement officer of | 22 | | the municipality or county issuing the violation. In | 23 | | municipalities with a population of 1,000,000 or more | 24 | | inhabitants and counties with a population of 3,000,000 or | 25 | | more inhabitants, the automated traffic law ordinance | 26 | | shall require that all determinations by a technician that |
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| 1 | | a motor vehicle was being operated in
violation of Section | 2 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | 3 | | be reviewed and approved by a law enforcement officer or | 4 | | retired law enforcement officer of the municipality or | 5 | | county issuing the violation or by an additional fully | 6 | | trained fully-trained reviewing technician who is not | 7 | | employed by the contractor who employs the technician who | 8 | | made the initial determination. In the case of an automated | 9 | | speed enforcement system violation, the ordinance shall | 10 | | require a determination by a technician employed by the | 11 | | municipality, based upon an inspection of recorded images, | 12 | | video or other documentation, including documentation of | 13 | | the speed limit and automated speed enforcement signage, | 14 | | and documentation of the inspection, calibration, and | 15 | | certification of the speed equipment, that the vehicle was | 16 | | being operated in violation of Article VI of Chapter 11 of | 17 | | this Code or a similar local ordinance. If the technician | 18 | | determines that the vehicle speed was not determined by a | 19 | | calibrated, certified speed equipment device based upon | 20 | | the speed equipment documentation, or if the vehicle was an | 21 | | emergency vehicle, a citation may not be issued. The | 22 | | automated speed enforcement ordinance shall require that | 23 | | all determinations by a technician that a violation | 24 | | occurred be reviewed and approved by a law enforcement | 25 | | officer or retired law enforcement officer of the | 26 | | municipality issuing the violation or by an additional |
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| 1 | | fully trained reviewing technician who is not employed by | 2 | | the contractor who employs the technician who made the | 3 | | initial determination. Routine and independent calibration | 4 | | of the speeds produced by automated speed enforcement | 5 | | systems and equipment shall be conducted annually by a | 6 | | qualified technician. Speeds produced by an automated | 7 | | speed enforcement system shall be compared with speeds | 8 | | produced by lidar or other independent equipment. Radar or | 9 | | lidar equipment shall undergo an internal validation test | 10 | | no less frequently than once each week. Qualified | 11 | | technicians shall test loop-based loop based equipment no | 12 | | less frequently than once a year. Radar equipment shall be | 13 | | checked for accuracy by a qualified technician when the | 14 | | unit is serviced, when unusual or suspect readings persist, | 15 | | or when deemed necessary by a reviewing technician. Radar | 16 | | equipment shall be checked with the internal frequency | 17 | | generator and the internal circuit test whenever the radar | 18 | | is turned on. Technicians must be alert for any unusual or | 19 | | suspect readings, and if unusual or suspect readings of a | 20 | | radar unit persist, that unit shall immediately be removed | 21 | | from service and not returned to service until it has been | 22 | | checked by a qualified technician and determined to be | 23 | | functioning properly. Documentation of the annual | 24 | | calibration results, including the equipment tested, test | 25 | | date, technician performing the test, and test results, | 26 | | shall be maintained and available for use in the |
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| 1 | | determination of an automated speed enforcement system | 2 | | violation and issuance of a citation. The technician | 3 | | performing the calibration and testing of the automated | 4 | | speed enforcement equipment shall be trained and certified | 5 | | in the use of equipment for speed enforcement purposes. | 6 | | Training on the speed enforcement equipment may be | 7 | | conducted by law enforcement, civilian, or manufacturer's | 8 | | personnel and if applicable may be equivalent to the | 9 | | equipment use and operations training included in the Speed | 10 | | Measuring Device Operator Program developed by the | 11 | | National Highway Traffic Safety Administration (NHTSA). | 12 | | The vendor or technician who performs the work shall keep | 13 | | accurate records on each piece of equipment the technician | 14 | | calibrates and tests. As used in this paragraph, " fully | 15 | | trained fully-trained reviewing technician" means a person | 16 | | who has received at least 40 hours of supervised training | 17 | | in subjects which shall include image inspection and | 18 | | interpretation, the elements necessary to prove a | 19 | | violation, license plate identification, and traffic | 20 | | safety and management. In all municipalities and counties, | 21 | | the automated speed enforcement system or automated | 22 | | traffic law ordinance shall require that no additional fee | 23 | | shall be charged to the alleged violator for exercising his | 24 | | or her right to an administrative hearing, and persons | 25 | | shall be given at least 25 days following an administrative | 26 | | hearing to pay any civil penalty imposed by a finding that |
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| 1 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | 2 | | similar local ordinance has been violated. The original or | 3 | | a
facsimile of the violation notice or, in the case of a | 4 | | notice produced by a
computerized device, a printed record | 5 | | generated by the device showing the facts
entered on the | 6 | | notice, shall be retained by the
traffic compliance
| 7 | | administrator, and shall be a record kept in the ordinary | 8 | | course of
business. A parking, standing, compliance, | 9 | | automated speed enforcement system, or automated traffic | 10 | | law violation notice issued,
signed , and served in
| 11 | | accordance with this Section, a copy of the notice, or the | 12 | | computer-generated computer
generated record shall be | 13 | | prima facie
correct and shall be prima facie evidence of | 14 | | the correctness of the facts
shown on the notice. The | 15 | | notice, copy, or computer-generated computer generated
| 16 | | record shall be admissible in any
subsequent | 17 | | administrative or legal proceedings.
| 18 | | (4) An opportunity for a hearing for the registered | 19 | | owner of the
vehicle cited in the parking, standing, | 20 | | compliance, automated speed enforcement system, or | 21 | | automated traffic law violation notice in
which the owner | 22 | | may
contest the merits of the alleged violation, and during | 23 | | which formal or
technical rules of evidence shall not | 24 | | apply; provided, however, that under
Section 11-1306 of | 25 | | this Code the lessee of a vehicle cited in the
violation | 26 | | notice likewise shall be provided an opportunity for a |
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| 1 | | hearing of
the same kind afforded the registered owner. The | 2 | | hearings shall be
recorded, and the person conducting the | 3 | | hearing on behalf of the traffic
compliance
administrator | 4 | | shall be empowered to administer oaths and to secure by
| 5 | | subpoena both the attendance and testimony of witnesses and | 6 | | the production
of relevant books and papers. Persons | 7 | | appearing at a hearing under this
Section may be | 8 | | represented by counsel at their expense. The ordinance may
| 9 | | also provide for internal administrative review following | 10 | | the decision of
the hearing officer.
| 11 | | (5) Service of additional notices, sent by first class | 12 | | United States
mail, postage prepaid, to the address of the | 13 | | registered owner of the cited
vehicle as recorded with the | 14 | | Secretary of State or, if any notice to that address is | 15 | | returned as undeliverable, to the last known address | 16 | | recorded in a United States Post Office approved database,
| 17 | | or, under Section 11-1306
or subsection (p) of Section | 18 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | 19 | | of this Code, to the lessee of the cited vehicle at the | 20 | | last address known
to the lessor of the cited vehicle at | 21 | | the time of lease or, if any notice to that address is | 22 | | returned as undeliverable, to the last known address | 23 | | recorded in a United States Post Office approved database.
| 24 | | The service shall
be deemed complete as of the date of | 25 | | deposit in the United States mail.
The notices shall be in | 26 | | the following sequence and shall include , but not be
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| 1 | | limited to the information specified herein:
| 2 | | (i) A second notice of parking, standing, or | 3 | | compliance violation if the first notice of the | 4 | | violation was issued by affixing the original or a | 5 | | facsimile of the notice to the unlawfully parked | 6 | | vehicle or by handing the notice to the operator. This | 7 | | notice shall specify or include the
date and location | 8 | | of the violation cited in the parking,
standing,
or | 9 | | compliance violation
notice, the particular regulation | 10 | | violated, the vehicle
make or a photograph of the | 11 | | vehicle, the state registration number of the vehicle, | 12 | | any requirement to complete a traffic education | 13 | | program, the fine and any penalty that may be
assessed | 14 | | for late payment or failure to complete a traffic | 15 | | education program, or both, when so provided by | 16 | | ordinance, the availability
of a hearing in which the | 17 | | violation may be contested on its merits, and the
time | 18 | | and manner in which the hearing may be had. The notice | 19 | | of violation
shall also state that failure to complete | 20 | | a required traffic education program, to pay the | 21 | | indicated fine and any
applicable penalty, or to appear | 22 | | at a hearing on the merits in the time and
manner | 23 | | specified, will result in a final determination of | 24 | | violation
liability for the cited violation in the | 25 | | amount of the fine or penalty
indicated, and that, upon | 26 | | the occurrence of a final determination of violation |
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| 1 | | liability for the failure, and the exhaustion of, or
| 2 | | failure to exhaust, available administrative or | 3 | | judicial procedures for
review, any incomplete traffic | 4 | | education program or any unpaid fine or penalty, or | 5 | | both, will constitute a debt due and owing
the | 6 | | municipality or county.
| 7 | | (ii) A notice of final determination of parking, | 8 | | standing,
compliance, automated speed enforcement | 9 | | system, or automated traffic law violation liability.
| 10 | | This notice shall be sent following a final | 11 | | determination of parking,
standing, compliance, | 12 | | automated speed enforcement system, or automated | 13 | | traffic law
violation liability and the conclusion of | 14 | | judicial review procedures taken
under this Section. | 15 | | The notice shall state that the incomplete traffic | 16 | | education program or the unpaid fine or
penalty, or | 17 | | both, is a debt due and owing the municipality or | 18 | | county. The notice shall contain
warnings that failure | 19 | | to complete any required traffic education program or | 20 | | to pay any fine or penalty due and owing the
| 21 | | municipality or county, or both, within the time | 22 | | specified may result in the municipality's
or county's | 23 | | filing of a petition in the Circuit Court to have the | 24 | | incomplete traffic education program or unpaid
fine or | 25 | | penalty, or both, rendered a judgment as provided by | 26 | | this Section, or, where applicable, may
result in |
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| 1 | | suspension of the person's driver's drivers license | 2 | | for failure to complete a traffic education program or | 3 | | to pay
fines or penalties, or both, for 5 or more | 4 | | automated traffic law violations under Section | 5 | | 11-208.6 or 11-208.9 or 11-1201.1 or automated speed | 6 | | enforcement system violations under Section 11-208.8.
| 7 | | (6) A notice of impending driver's drivers license | 8 | | suspension. This
notice shall be sent to the person liable | 9 | | for failure to complete a required traffic education | 10 | | program or to pay any fine or penalty that
remains due and | 11 | | owing, or both, on 5 or more unpaid automated speed | 12 | | enforcement system or automated traffic law violations | 13 | | under Section 11-208.8, 11-208.9, or 11-1201.1 . The notice
| 14 | | shall state that failure to complete a required traffic | 15 | | education program or to pay the fine or penalty owing, or | 16 | | both, within 45 days of
the notice's date will result in | 17 | | the municipality or county notifying the Secretary
of State | 18 | | that the person is eligible for initiation of suspension
| 19 | | proceedings under Section 6-306.5 of this Code. The notice | 20 | | shall also state
that the person may obtain a photostatic | 21 | | copy of an original ticket imposing a
fine or penalty by | 22 | | sending a self-addressed self addressed , stamped envelope | 23 | | to the
municipality or county along with a request for the | 24 | | photostatic copy.
The notice of impending driver's
drivers | 25 | | license suspension shall be sent by first class United | 26 | | States mail,
postage prepaid, to the address recorded with |
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| 1 | | the Secretary of State or, if any notice to that address is | 2 | | returned as undeliverable, to the last known address | 3 | | recorded in a United States Post Office approved database.
| 4 | | (7) Final determinations of violation liability. A | 5 | | final
determination of violation liability shall occur | 6 | | following failure to complete the required traffic | 7 | | education program or
to pay the fine or penalty, or both, | 8 | | after a hearing officer's determination of violation | 9 | | liability and the exhaustion of or failure to exhaust any
| 10 | | administrative review procedures provided by ordinance. | 11 | | Where a person
fails to appear at a hearing to contest the | 12 | | alleged violation in the time
and manner specified in a | 13 | | prior mailed notice, the hearing officer's
determination | 14 | | of violation liability shall become final: (A) upon
denial | 15 | | of a timely petition to set aside that determination, or | 16 | | (B) upon
expiration of the period for filing the petition | 17 | | without a
filing having been made.
| 18 | | (8) A petition to set aside a determination of parking, | 19 | | standing,
compliance, automated speed enforcement system, | 20 | | or automated traffic law violation
liability that may be | 21 | | filed by a person owing an unpaid fine or penalty. A | 22 | | petition to set aside a determination of liability may also | 23 | | be filed by a person required to complete a traffic | 24 | | education program.
The petition shall be filed with and | 25 | | ruled upon by the traffic compliance
administrator in the | 26 | | manner and within the time specified by ordinance.
The |
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| 1 | | grounds for the petition may be limited to: (A) the person | 2 | | not having
been the owner or lessee of the cited vehicle on | 3 | | the date the
violation notice was issued, (B) the person | 4 | | having already completed the required traffic education | 5 | | program or paid the fine or
penalty, or both, for the | 6 | | violation in question, and (C) excusable failure to
appear | 7 | | at or
request a new date for a hearing.
With regard to | 8 | | municipalities or counties with a population of 1 million | 9 | | or more, it
shall be grounds for
dismissal of a
parking | 10 | | violation if the state registration number or vehicle make, | 11 | | only if specified in the violation notice, is
incorrect. | 12 | | After the determination of
parking, standing, compliance, | 13 | | automated speed enforcement system, or automated traffic | 14 | | law violation liability has been set aside
upon a showing | 15 | | of just
cause, the registered owner shall be provided with | 16 | | a hearing on the merits
for that violation.
| 17 | | (9) Procedures for non-residents. Procedures by which | 18 | | persons who are
not residents of the municipality or county | 19 | | may contest the merits of the alleged
violation without | 20 | | attending a hearing.
| 21 | | (10) A schedule of civil fines for violations of | 22 | | vehicular standing,
parking, compliance, automated speed | 23 | | enforcement system, or automated traffic law regulations | 24 | | enacted by ordinance pursuant to this
Section, and a
| 25 | | schedule of penalties for late payment of the fines or | 26 | | failure to complete required traffic education programs, |
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| 1 | | provided, however,
that the total amount of the fine and | 2 | | penalty for any one violation shall
not exceed $250, except | 3 | | as provided in subsection (c) of Section 11-1301.3 of this | 4 | | Code.
| 5 | | (11) Other provisions as are necessary and proper to | 6 | | carry into
effect the powers granted and purposes stated in | 7 | | this Section.
| 8 | | (c) Any municipality or county establishing vehicular | 9 | | standing, parking,
compliance, automated speed enforcement | 10 | | system, or automated traffic law
regulations under this Section | 11 | | may also provide by ordinance for a
program of vehicle | 12 | | immobilization for the purpose of facilitating
enforcement of | 13 | | those regulations. The program of vehicle
immobilization shall | 14 | | provide for immobilizing any eligible vehicle upon the
public | 15 | | way by presence of a restraint in a manner to prevent operation | 16 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 17 | | immobilization under this Section shall provide:
| 18 | | (1) Criteria for the designation of vehicles eligible | 19 | | for
immobilization. A vehicle shall be eligible for | 20 | | immobilization when the
registered owner of the vehicle has | 21 | | accumulated the number of incomplete traffic education | 22 | | programs or unpaid final
determinations of parking, | 23 | | standing, compliance, automated speed enforcement system, | 24 | | or automated traffic law violation liability, or both, as
| 25 | | determined by ordinance.
| 26 | | (2) A notice of impending vehicle immobilization and a |
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| 1 | | right to a
hearing to challenge the validity of the notice | 2 | | by disproving liability
for the incomplete traffic | 3 | | education programs or unpaid final determinations of | 4 | | parking, standing, compliance, automated speed enforcement | 5 | | system, or automated traffic law
violation liability, or | 6 | | both, listed
on the notice.
| 7 | | (3) The right to a prompt hearing after a vehicle has | 8 | | been immobilized
or subsequently towed without the | 9 | | completion of the required traffic education program or | 10 | | payment of the outstanding fines and
penalties on parking, | 11 | | standing, compliance, automated speed enforcement system, | 12 | | or automated traffic law violations, or both, for which | 13 | | final
determinations have been
issued. An order issued | 14 | | after the hearing is a final administrative
decision within | 15 | | the meaning of Section 3-101 of the Code of Civil | 16 | | Procedure.
| 17 | | (4) A post immobilization and post-towing notice | 18 | | advising the registered
owner of the vehicle of the right | 19 | | to a hearing to challenge the validity
of the impoundment.
| 20 | | (d) Judicial review of final determinations of parking, | 21 | | standing,
compliance, automated speed enforcement system, or | 22 | | automated traffic law
violations and final administrative | 23 | | decisions issued after hearings
regarding vehicle | 24 | | immobilization and impoundment made
under this Section shall be | 25 | | subject to the provisions of
the Administrative Review Law.
| 26 | | (e) Any fine, penalty, incomplete traffic education |
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| 1 | | program, or part of any fine or any penalty remaining
unpaid | 2 | | after the exhaustion of, or the failure to exhaust, | 3 | | administrative
remedies created under this Section and the | 4 | | conclusion of any judicial
review procedures shall be a debt | 5 | | due and owing the municipality or county and, as
such, may be | 6 | | collected in accordance with applicable law. Completion of any | 7 | | required traffic education program and payment in full
of any | 8 | | fine or penalty resulting from a standing, parking,
compliance, | 9 | | automated speed enforcement system, or automated traffic law | 10 | | violation shall
constitute a final disposition of that | 11 | | violation.
| 12 | | (f) After the expiration of the period within which | 13 | | judicial review may
be sought for a final determination of | 14 | | parking, standing, compliance, automated speed enforcement | 15 | | system, or automated traffic law
violation, the municipality
or | 16 | | county may commence a proceeding in the Circuit Court for | 17 | | purposes of obtaining a
judgment on the final determination of | 18 | | violation. Nothing in this
Section shall prevent a municipality | 19 | | or county from consolidating multiple final
determinations of | 20 | | parking, standing, compliance, automated speed enforcement | 21 | | system, or automated traffic law violations against a
person in | 22 | | a proceeding.
Upon commencement of the action, the municipality | 23 | | or county shall file a certified
copy or record of the final | 24 | | determination of parking, standing, compliance, automated | 25 | | speed enforcement system, or automated traffic law
violation, | 26 | | which shall be
accompanied by a certification that recites |
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| 1 | | facts sufficient to show that
the final determination of | 2 | | violation was
issued in accordance with this Section and the | 3 | | applicable municipal
or county ordinance. Service of the | 4 | | summons and a copy of the petition may be by
any method | 5 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 6 | | certified mail, return receipt requested, provided that the | 7 | | total amount of
fines and penalties for final determinations of | 8 | | parking, standing,
compliance, automated speed enforcement | 9 | | system, or automated traffic law violations does not
exceed | 10 | | $2500. If the court is satisfied that the final determination | 11 | | of
parking, standing, compliance, automated speed enforcement | 12 | | system, or automated traffic law violation was entered in | 13 | | accordance with
the requirements of
this Section and the | 14 | | applicable municipal or county ordinance, and that the | 15 | | registered
owner or the lessee, as the case may be, had an | 16 | | opportunity for an
administrative hearing and for judicial | 17 | | review as provided in this Section,
the court shall render | 18 | | judgment in favor of the municipality or county and against
the | 19 | | registered owner or the lessee for the amount indicated in the | 20 | | final
determination of parking, standing, compliance, | 21 | | automated speed enforcement system, or automated traffic law | 22 | | violation, plus costs.
The judgment shall have
the same effect | 23 | | and may be enforced in the same manner as other judgments
for | 24 | | the recovery of money.
| 25 | | (g) The fee for participating in a traffic education | 26 | | program under this Section shall not exceed $25. |
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| 1 | | A low-income individual required to complete a traffic | 2 | | education program under this Section who provides proof of | 3 | | eligibility for the federal earned income tax credit under | 4 | | Section 32 of the Internal Revenue Code or the Illinois earned | 5 | | income tax credit under Section 212 of the Illinois Income Tax | 6 | | Act shall not be required to pay any fee for participating in a | 7 | | required traffic education program. | 8 | | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | 9 | | revised 1-21-20.)
| 10 | | (625 ILCS 5/11-208.6)
| 11 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 12 | | (a) As used in this Section, "automated traffic law | 13 | | enforcement
system" means a device with one or more motor | 14 | | vehicle sensors working
in conjunction with a red light signal | 15 | | to produce recorded images of
motor vehicles entering an | 16 | | intersection against a red signal
indication in violation of | 17 | | Section 11-306 of this Code or a similar provision
of a local | 18 | | ordinance.
| 19 | | An
automated traffic law enforcement system is a system, in | 20 | | a municipality or
county operated by a
governmental agency, | 21 | | that
produces a recorded image of a motor vehicle's
violation | 22 | | of a provision of this Code or a local ordinance
and is | 23 | | designed to obtain a clear recorded image of the
vehicle and | 24 | | the vehicle's license plate. The recorded image must also
| 25 | | display the time, date, and location of the violation.
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| 1 | | (b) As used in this Section, "recorded images" means images
| 2 | | recorded by an automated traffic law enforcement system on:
| 3 | | (1) 2 or more photographs;
| 4 | | (2) 2 or more microphotographs;
| 5 | | (3) 2 or more electronic images; or
| 6 | | (4) a video recording showing the motor vehicle and, on | 7 | | at
least one image or portion of the recording, clearly | 8 | | identifying the
registration plate or digital registration | 9 | | plate number of the motor vehicle.
| 10 | | (b-5) A municipality or
county that
produces a recorded | 11 | | image of a motor vehicle's
violation of a provision of this | 12 | | Code or a local ordinance must make the recorded images of a | 13 | | violation accessible to the alleged violator by providing the | 14 | | alleged violator with a website address, accessible through the | 15 | | Internet. | 16 | | (c) Except as provided under Section 11-208.8 of this Code, | 17 | | a county or municipality, including a home rule county or | 18 | | municipality, may not use an automated traffic law enforcement | 19 | | system to provide recorded images of a motor vehicle for the | 20 | | purpose of recording its speed. Except as provided under | 21 | | Section 11-208.8 of this Code, the regulation of the use of | 22 | | automated traffic law enforcement systems to record vehicle | 23 | | speeds is an exclusive power and function of the State. This | 24 | | subsection (c) is a denial and limitation of home rule powers | 25 | | and functions under subsection (h) of Section 6 of Article VII | 26 | | of the Illinois Constitution.
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| 1 | | (c-5) A county or municipality, including a home rule | 2 | | county or municipality, may not use an automated traffic law | 3 | | enforcement system to issue violations in instances where the | 4 | | motor vehicle comes to a complete stop and does not enter the | 5 | | intersection, as defined by Section 1-132 of this Code, during | 6 | | the cycle of the red signal indication unless one or more | 7 | | pedestrians or bicyclists are present, even if the motor | 8 | | vehicle stops at a point past a stop line or crosswalk where a | 9 | | driver is required to stop, as specified in subsection (c) of | 10 | | Section 11-306 of this Code or a similar provision of a local | 11 | | ordinance. | 12 | | (c-6) A county, or a municipality with less than 2,000,000 | 13 | | inhabitants, including a home rule county or municipality, may | 14 | | not use an automated traffic law enforcement system to issue | 15 | | violations in instances where a motorcyclist enters an | 16 | | intersection against a red signal
indication when the red | 17 | | signal fails to change to a green signal within a reasonable | 18 | | period of time not less than 120 seconds because of a signal | 19 | | malfunction or because the signal has failed to detect the | 20 | | arrival of the motorcycle due to the motorcycle's size or | 21 | | weight. | 22 | | (d) For each violation of a provision of this Code or a | 23 | | local ordinance
recorded by an automatic
traffic law | 24 | | enforcement system, the county or municipality having
| 25 | | jurisdiction shall issue a written notice of the
violation to | 26 | | the registered owner of the vehicle as the alleged
violator. |
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| 1 | | The notice shall be delivered to the registered
owner of the | 2 | | vehicle, by mail, within 30 days after the Secretary of State | 3 | | notifies the municipality or county of the identity of the | 4 | | owner of the vehicle, but in no event later than 90 days after | 5 | | the violation.
| 6 | | The notice shall include:
| 7 | | (1) the name and address of the registered owner of the
| 8 | | vehicle;
| 9 | | (2) the registration number of the motor vehicle
| 10 | | involved in the violation;
| 11 | | (3) the violation charged;
| 12 | | (4) the location where the violation occurred;
| 13 | | (5) the date and time of the violation;
| 14 | | (6) a copy of the recorded images;
| 15 | | (7) the amount of the civil penalty imposed and the | 16 | | requirements of any traffic education program imposed and | 17 | | the date
by which the civil penalty should be paid and the | 18 | | traffic education program should be completed;
| 19 | | (8) a statement that recorded images are evidence of a
| 20 | | violation of a red light signal;
| 21 | | (9) a warning that failure to pay the civil penalty, to | 22 | | complete a required traffic education program, or to
| 23 | | contest liability in a timely manner is an admission of
| 24 | | liability and may result in a suspension of the driving
| 25 | | privileges of the registered owner of the vehicle ;
| 26 | | (10) a statement that the person may elect to proceed |
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| 1 | | by:
| 2 | | (A) paying the fine, completing a required traffic | 3 | | education program, or both; or
| 4 | | (B) challenging the charge in court, by mail, or by | 5 | | administrative hearing; and
| 6 | | (11) a website address, accessible through the | 7 | | Internet, where the person may view the recorded images of | 8 | | the violation. | 9 | | (e) (Blank). If a person
charged with a traffic violation, | 10 | | as a result of an automated traffic law
enforcement system, | 11 | | does not pay the fine or complete a required traffic education | 12 | | program, or both, or successfully contest the civil
penalty | 13 | | resulting from that violation, the Secretary of State shall | 14 | | suspend the
driving privileges of the
registered owner of the | 15 | | vehicle under Section 6-306.5 of this Code for failing
to | 16 | | complete a required traffic education program or to pay any | 17 | | fine or penalty
due and owing, or both, as a result of a | 18 | | combination of 5 violations of the automated traffic law
| 19 | | enforcement system or the automated speed enforcement system | 20 | | under Section 11-208.8 of this Code.
| 21 | | (f) Based on inspection of recorded images produced by an
| 22 | | automated traffic law enforcement system, a notice alleging | 23 | | that the violation occurred shall be evidence of the facts | 24 | | contained
in the notice and admissible in any proceeding | 25 | | alleging a
violation under this Section.
| 26 | | (g) Recorded images made by an automatic traffic law
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| 1 | | enforcement system are confidential and shall be made
available | 2 | | only to the alleged violator and governmental and
law | 3 | | enforcement agencies for purposes of adjudicating a
violation | 4 | | of this Section, for statistical purposes, or for other | 5 | | governmental purposes. Any recorded image evidencing a
| 6 | | violation of this Section, however, may be admissible in
any | 7 | | proceeding resulting from the issuance of the citation.
| 8 | | (h) The court or hearing officer may consider in defense of | 9 | | a violation:
| 10 | | (1) that the motor vehicle or registration plates or | 11 | | digital registration plates of the motor
vehicle were | 12 | | stolen before the violation occurred and not
under the | 13 | | control of or in the possession of the owner at
the time of | 14 | | 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 or digital registration plates were stolen | 23 | | before the violation occurred and were not under the
control or | 24 | | possession of the owner at the time of the violation, the
owner | 25 | | must submit proof that a report concerning the stolen
motor | 26 | | vehicle or registration plates was filed with a law enforcement |
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| 1 | | agency in a timely 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 |
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| 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 |
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| 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 |
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| 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) (Blank). A municipality or county shall make a | 10 | | certified report to the Secretary of State pursuant to Section | 11 | | 6-306.5 of this Code whenever a registered owner of a vehicle | 12 | | has failed to pay any
fine or penalty due and owing as a result | 13 | | of a combination of 5 offenses for automated traffic
law or | 14 | | speed enforcement system violations. | 15 | | (p) No person who is the lessor of a motor vehicle pursuant | 16 | | to a written lease agreement shall be liable for an automated | 17 | | speed or traffic law enforcement system violation involving | 18 | | such motor vehicle during the period of the lease; provided | 19 | | that upon the request of the appropriate authority received | 20 | | within 120 days after the violation occurred, the lessor | 21 | | provides within 60 days after such receipt the name and address | 22 | | of the lessee. The drivers license number of a lessee may be | 23 | | subsequently individually requested by the appropriate | 24 | | authority if needed for enforcement of this Section. | 25 | | Upon the provision of information by the lessor pursuant to | 26 | | this subsection, the county or municipality may issue the |
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| 1 | | violation to the lessee of the vehicle in the same manner as it | 2 | | would issue a violation to a registered owner of a vehicle | 3 | | pursuant to this Section, and the lessee may be held liable for | 4 | | the violation. | 5 | | (Source: P.A. 101-395, eff. 8-16-19.) | 6 | | (625 ILCS 5/11-208.8) | 7 | | Sec. 11-208.8. Automated speed enforcement systems in | 8 | | safety zones. | 9 | | (a) As used in this Section: | 10 | | "Automated speed enforcement
system" means a photographic | 11 | | device, radar device, laser device, or other electrical or | 12 | | mechanical device or devices installed or utilized in a safety | 13 | | zone and designed to record the speed of a vehicle and obtain a | 14 | | clear photograph or other recorded image of the vehicle and the | 15 | | vehicle's registration plate or digital registration plate | 16 | | while the driver is violating Article VI of Chapter 11 of this | 17 | | Code or a similar provision of a local ordinance. | 18 | | An automated speed enforcement system is a system, located | 19 | | in a safety zone which is under the jurisdiction of a | 20 | | municipality, that produces a recorded image of a motor | 21 | | vehicle's violation of a provision of this Code or a local | 22 | | ordinance and is designed to obtain a clear recorded image of | 23 | | the vehicle and the vehicle's license plate. The recorded image | 24 | | must also display the time, date, and location of the | 25 | | violation. |
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| 1 | | "Owner" means the person or entity to whom the vehicle is | 2 | | registered. | 3 | | "Recorded image" means images
recorded by an automated | 4 | | speed enforcement system on: | 5 | | (1) 2 or more photographs; | 6 | | (2) 2 or more microphotographs; | 7 | | (3) 2 or more electronic images; or | 8 | | (4) a video recording showing the motor vehicle and, on | 9 | | at
least one image or portion of the recording, clearly | 10 | | identifying the
registration plate or digital registration | 11 | | plate number of the motor vehicle. | 12 | | "Safety zone" means an area that is within one-eighth of a | 13 | | mile from the nearest property line of any public or private | 14 | | elementary or secondary school, or from the nearest property | 15 | | line of any facility, area, or land owned by a school district | 16 | | that is used for educational purposes approved by the Illinois | 17 | | State Board of Education, not including school district | 18 | | headquarters or administrative buildings. A safety zone also | 19 | | includes an area that is within one-eighth of a mile from the | 20 | | nearest property line of any facility, area, or land owned by a | 21 | | park district used for recreational purposes. However, if any | 22 | | portion of a roadway is within either one-eighth mile radius, | 23 | | the safety zone also shall include the roadway extended to the | 24 | | furthest portion of the next furthest intersection. The term | 25 | | "safety zone" does not include any portion of the roadway known | 26 | | as Lake Shore Drive or any controlled access highway with 8 or |
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| 1 | | more lanes of traffic. | 2 | | (a-5) The automated speed enforcement system shall be | 3 | | operational and violations shall be recorded only at the | 4 | | following times: | 5 | | (i) if the safety zone is based upon the property line | 6 | | of any facility, area, or land owned by a school district, | 7 | | only on school days and no earlier than 6 a.m. and no later | 8 | | than 8:30 p.m. if the school day is during the period of | 9 | | Monday through Thursday, or 9 p.m. if the school day is a | 10 | | Friday; and | 11 | | (ii) if the safety zone is based upon the property line | 12 | | of any facility, area, or land owned by a park district, no | 13 | | earlier than one hour prior to the time that the facility, | 14 | | area, or land is open to the public or other patrons, and | 15 | | no later than one hour after the facility, area, or land is | 16 | | closed to the public or other patrons. | 17 | | (b) A municipality that
produces a recorded image of a | 18 | | motor vehicle's
violation of a provision of this Code or a | 19 | | local ordinance must make the recorded images of a violation | 20 | | accessible to the alleged violator by providing the alleged | 21 | | violator with a website address, accessible through the | 22 | | Internet. | 23 | | (c) Notwithstanding any penalties for any other violations | 24 | | of this Code, the owner of a motor vehicle used in a traffic | 25 | | violation recorded by an automated speed enforcement system | 26 | | shall be subject to the following penalties: |
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| 1 | | (1) if the recorded speed is no less than 6 miles per | 2 | | hour and no more than 10 miles per hour over the legal | 3 | | speed limit, a civil penalty not exceeding $50, plus an | 4 | | additional penalty of not more than $50 for failure to pay | 5 | | the original penalty in a timely manner; or | 6 | | (2) if the recorded speed is more than 10 miles per | 7 | | hour over the legal speed limit, a civil penalty not | 8 | | exceeding $100, plus an additional penalty of not more than | 9 | | $100 for failure to pay the original penalty in a timely | 10 | | manner. | 11 | | A penalty may not be imposed under this Section if the | 12 | | driver of the motor vehicle received a Uniform Traffic Citation | 13 | | from a police officer for a speeding violation occurring within | 14 | | one-eighth of a mile and 15 minutes of the violation that was | 15 | | recorded by the system. A violation for which a civil penalty | 16 | | is imposed
under this Section is not a violation of a traffic | 17 | | regulation governing
the movement of vehicles and may not be | 18 | | recorded on the driving record
of the owner of the vehicle. A | 19 | | law enforcement officer is not required to be present or to | 20 | | witness the violation. No penalty may be imposed under this | 21 | | Section if the recorded speed of a vehicle is 5 miles per hour | 22 | | or less over the legal speed limit. The municipality may send, | 23 | | in the same manner that notices are sent under this Section, a | 24 | | speed violation warning notice where the violation involves a | 25 | | speed of 5 miles per hour or less above the legal speed limit. | 26 | | (d) The net proceeds that a municipality receives from |
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| 1 | | civil penalties imposed under an automated speed enforcement | 2 | | system, after deducting all non-personnel and personnel costs | 3 | | associated with the operation and maintenance of such system, | 4 | | shall be expended or obligated by the municipality for the | 5 | | following purposes: | 6 | | (i) public safety initiatives to ensure safe passage | 7 | | around schools, and to provide police protection and | 8 | | surveillance around schools and parks, including but not | 9 | | limited to:
(1) personnel costs; and
(2) non-personnel | 10 | | costs such as construction and maintenance of public safety | 11 | | infrastructure and equipment; | 12 | | (ii) initiatives to improve pedestrian and traffic | 13 | | safety; | 14 | | (iii) construction and maintenance of infrastructure | 15 | | within the municipality, including but not limited to roads | 16 | | and bridges; and | 17 | | (iv) after school programs. | 18 | | (e) For each violation of a provision of this Code or a | 19 | | local ordinance
recorded by an automated speed enforcement | 20 | | system, the municipality having
jurisdiction shall issue a | 21 | | written notice of the
violation to the registered owner of the | 22 | | vehicle as the alleged
violator. The notice shall be delivered | 23 | | to the registered
owner of the vehicle, by mail, within 30 days | 24 | | after the Secretary of State notifies the municipality of the | 25 | | identity of the owner of the vehicle, but in no event later | 26 | | than 90 days after the violation. |
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| 1 | | (f) The notice required under subsection (e) of this | 2 | | Section shall include: | 3 | | (1) the name and address of the registered owner of the
| 4 | | vehicle; | 5 | | (2) the registration number of the motor vehicle
| 6 | | involved in the violation; | 7 | | (3) the violation charged; | 8 | | (4) the date, time, and location where the violation | 9 | | occurred; | 10 | | (5) a copy of the recorded image or images; | 11 | | (6) the amount of the civil penalty imposed and the | 12 | | date
by which the civil penalty should be paid; | 13 | | (7) a statement that recorded images are evidence of a
| 14 | | violation of a speed restriction; | 15 | | (8) a warning that failure to pay the civil penalty or | 16 | | to
contest liability in a timely manner is an admission of
| 17 | | liability and may result in a suspension of the driving
| 18 | | privileges of the registered owner of the vehicle; | 19 | | (9) a statement that the person may elect to proceed | 20 | | by: | 21 | | (A) paying the fine; or | 22 | | (B) challenging the charge in court, by mail, or by | 23 | | administrative hearing; and | 24 | | (10) a website address, accessible through the
| 25 | | Internet, where the person may view the recorded images of | 26 | | the violation. |
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| 1 | | (g) If a person
charged with a traffic violation, as a | 2 | | result of an automated speed enforcement system, does not pay | 3 | | the fine or successfully contest the civil
penalty resulting | 4 | | from that violation, the Secretary of State shall suspend the
| 5 | | driving privileges of the
registered owner of the vehicle under | 6 | | Section 6-306.5 of this Code for failing
to pay any fine or | 7 | | penalty
due and owing, or both, as a result of a combination of | 8 | | 5 violations of the automated speed enforcement system or the | 9 | | automated traffic law under Section 11-208.9 or 11-1201.1 | 10 | | 11-208.6 of this Code. | 11 | | (h) Based on inspection of recorded images produced by an
| 12 | | automated speed enforcement system, a notice alleging that the | 13 | | violation occurred shall be evidence of the facts contained
in | 14 | | the notice and admissible in any proceeding alleging a
| 15 | | violation under this Section. | 16 | | (i) Recorded images made by an automated speed
enforcement | 17 | | system are confidential and shall be made
available only to the | 18 | | alleged violator and governmental and
law enforcement agencies | 19 | | for purposes of adjudicating a
violation of this Section, for | 20 | | statistical purposes, or for other governmental purposes. Any | 21 | | recorded image evidencing a
violation of this Section, however, | 22 | | may be admissible in
any proceeding resulting from the issuance | 23 | | of the citation. | 24 | | (j) The court or hearing officer may consider in defense of | 25 | | a violation: | 26 | | (1) that the motor vehicle or registration plates or |
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| 1 | | digital registration plates of the motor
vehicle were | 2 | | stolen before the violation occurred and not
under the | 3 | | control or in the possession of the owner at
the time of | 4 | | the violation; | 5 | | (2) that the driver of the motor vehicle received a | 6 | | Uniform Traffic Citation from a police officer for a | 7 | | speeding violation occurring within one-eighth of a mile | 8 | | and 15 minutes of the violation that was recorded by the | 9 | | system; and | 10 | | (3) any other evidence or issues provided by municipal | 11 | | ordinance. | 12 | | (k) To demonstrate that the motor vehicle or the | 13 | | registration
plates or digital registration plates were stolen | 14 | | before the violation occurred and were not under the
control or | 15 | | possession of the owner at the time of the violation, the
owner | 16 | | must submit proof that a report concerning the stolen
motor | 17 | | vehicle or registration plates was filed with a law enforcement | 18 | | agency in a timely manner. | 19 | | (l) A roadway equipped with an automated speed enforcement | 20 | | system shall be posted with a sign conforming to the national | 21 | | Manual on Uniform Traffic Control Devices that is visible to | 22 | | approaching traffic stating that vehicle speeds are being | 23 | | photo-enforced and indicating the speed limit. The | 24 | | municipality shall install such additional signage as it | 25 | | determines is necessary to give reasonable notice to drivers as | 26 | | to where automated speed enforcement systems are installed. |
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| 1 | | (m) A roadway where a new automated speed enforcement | 2 | | system is installed shall be posted with signs providing 30 | 3 | | days notice of the use of a new automated speed enforcement | 4 | | system prior to the issuance of any citations through the | 5 | | automated speed enforcement system. | 6 | | (n) The compensation paid for an automated speed | 7 | | enforcement system
must be based on the value of the equipment | 8 | | or the services provided and may
not be based on the number of | 9 | | traffic citations issued or the revenue generated
by the | 10 | | system. | 11 | | (o) A municipality shall make a certified report to the | 12 | | Secretary of State pursuant to Section 6-306.5 of this Code | 13 | | whenever a registered owner of a vehicle has failed to pay any
| 14 | | fine or penalty due and owing as a result of a combination of 5 | 15 | | offenses for automated speed or traffic law enforcement system | 16 | | violations. | 17 | | (p) No person who is the lessor of a motor vehicle pursuant | 18 | | to a written lease agreement shall be liable for an automated | 19 | | speed or traffic law enforcement system violation involving | 20 | | such motor vehicle during the period of the lease; provided | 21 | | that upon the request of the appropriate authority received | 22 | | within 120 days after the violation occurred, the lessor | 23 | | provides within 60 days after such receipt the name and address | 24 | | of the lessee. The drivers license number of a lessee may be | 25 | | subsequently individually requested by the appropriate | 26 | | authority if needed for enforcement of this Section. |
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| 1 | | Upon the provision of information by the lessor pursuant to | 2 | | this subsection, the municipality may issue the violation to | 3 | | the lessee of the vehicle in the same manner as it would issue | 4 | | a violation to a registered owner of a vehicle pursuant to this | 5 | | Section, and the lessee may be held liable for the violation. | 6 | | (q) A municipality using an automated speed enforcement | 7 | | system must provide notice to drivers by publishing the | 8 | | locations of all safety zones where system equipment is | 9 | | installed on the website of the municipality. | 10 | | (r) A municipality operating an automated speed | 11 | | enforcement system shall conduct a statistical analysis to | 12 | | assess the safety impact of the system. The statistical | 13 | | analysis shall be based upon the best available crash, traffic, | 14 | | and other data, and shall cover a period of time before and | 15 | | after installation of the system sufficient to provide a | 16 | | statistically valid comparison of safety impact. The | 17 | | statistical analysis shall be consistent with professional | 18 | | judgment and acceptable industry practice. The statistical | 19 | | analysis also shall be consistent with the data required for | 20 | | valid comparisons of before and after conditions and shall be | 21 | | conducted within a reasonable period following the | 22 | | installation of the automated traffic law enforcement system. | 23 | | The statistical analysis required by this subsection shall be | 24 | | made available to the public and shall be published on the | 25 | | website of the municipality. | 26 | | (s) This Section applies only to municipalities with a |
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| 1 | | population of 1,000,000 or more inhabitants.
| 2 | | (Source: P.A. 101-395, eff. 8-16-19.)
| 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.
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