Full Text of SB3603 103rd General Assembly
SB3603 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3603 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/11-208 | from Ch. 95 1/2, par. 11-208 | 625 ILCS 5/11-208.3 | from Ch. 95 1/2, par. 11-208.3 |
| Amends the Illinois Vehicle Code. Provides that a municipality, county, or township may enact an ordinance providing for administrative and civil fines to enforce violations of provisions concerning fleeing or attempting to elude a peace officer or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. Makes corresponding changes. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government. | 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 | 5 | | changing Sections 11-208 and 11-208.3 as follows: | 6 | | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) | 7 | | Sec. 11-208. Powers of local authorities. | 8 | | (a) The provisions of this Code shall not be deemed to | 9 | | prevent local authorities with respect to streets and highways | 10 | | under their jurisdiction and within the reasonable exercise of | 11 | | the police power from: | 12 | | 1. Regulating the standing or parking of vehicles, | 13 | | except as limited by Sections 11-1306 and 11-1307 of this | 14 | | Act; | 15 | | 2. Regulating traffic by means of police officers or | 16 | | traffic control signals; | 17 | | 3. Regulating or prohibiting processions or | 18 | | assemblages on the highways; and certifying persons to | 19 | | control traffic for processions or assemblages; | 20 | | 4. Designating particular highways as one-way highways | 21 | | and requiring that all vehicles thereon be moved in one | 22 | | specific direction; | 23 | | 5. Regulating the speed of vehicles in public parks |
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| 1 | | subject to the limitations set forth in Section 11-604; | 2 | | 6. Designating any highway as a through highway, as | 3 | | authorized in Section 11-302, and requiring that all | 4 | | vehicles stop before entering or crossing the same or | 5 | | designating any intersection as a stop intersection or a | 6 | | yield right-of-way intersection and requiring all vehicles | 7 | | to stop or yield the right-of-way at one or more entrances | 8 | | to such intersections; | 9 | | 7. Restricting the use of highways as authorized in | 10 | | Chapter 15; | 11 | | 8. Regulating the operation of mobile carrying | 12 | | devices, bicycles, low-speed electric bicycles, and | 13 | | low-speed gas bicycles, and requiring the registration and | 14 | | licensing of same, including the requirement of a | 15 | | registration fee; | 16 | | 9. Regulating or prohibiting the turning of vehicles | 17 | | or specified types of vehicles at intersections; | 18 | | 10. Altering the speed limits as authorized in Section | 19 | | 11-604; | 20 | | 11. Prohibiting U-turns; | 21 | | 12. Prohibiting pedestrian crossings at other than | 22 | | designated and marked crosswalks or at intersections; | 23 | | 13. Prohibiting parking during snow removal operation; | 24 | | 14. Imposing fines in accordance with Section | 25 | | 11-1301.3 as penalties for use of any parking place | 26 | | reserved for persons with disabilities, as defined by |
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| 1 | | Section 1-159.1, or veterans with disabilities by any | 2 | | person using a motor vehicle not bearing registration | 3 | | plates specified in Section 11-1301.1 or a special decal | 4 | | or device as defined in Section 11-1301.2 as evidence that | 5 | | the vehicle is operated by or for a person with | 6 | | disabilities or a veteran with a disability; | 7 | | 15. Adopting such other traffic regulations as are | 8 | | specifically authorized by this Code; or | 9 | | 16. Enforcing the provisions of subsection (f) of | 10 | | Section 3-413 of this Code or a similar local ordinance. | 11 | | (b) No ordinance or regulation enacted under paragraph 1, | 12 | | 4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be | 13 | | effective until signs giving reasonable notice of such local | 14 | | traffic regulations are posted. | 15 | | (c) The provisions of this Code shall not prevent any | 16 | | municipality having a population of 500,000 or more | 17 | | inhabitants from prohibiting any person from driving or | 18 | | operating any motor vehicle upon the roadways of such | 19 | | municipality with headlamps on high beam or bright. | 20 | | (d) The provisions of this Code shall not be deemed to | 21 | | prevent local authorities within the reasonable exercise of | 22 | | their police power from prohibiting, on private property, the | 23 | | unauthorized use of parking spaces reserved for persons with | 24 | | disabilities. | 25 | | (e) No unit of local government, including a home rule | 26 | | unit, may enact or enforce an ordinance that applies only to |
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| 1 | | motorcycles if the principal purpose for that ordinance is to | 2 | | restrict the access of motorcycles to any highway or portion | 3 | | of a highway for which federal or State funds have been used | 4 | | for the planning, design, construction, or maintenance of that | 5 | | highway. No unit of local government, including a home rule | 6 | | unit, may enact an ordinance requiring motorcycle users to | 7 | | wear protective headgear. Nothing in this subsection (e) shall | 8 | | affect the authority of a unit of local government to regulate | 9 | | motorcycles for traffic control purposes or in accordance with | 10 | | Section 12-602 of this Code. No unit of local government, | 11 | | including a home rule unit, may regulate motorcycles in a | 12 | | manner inconsistent with this Code. This subsection (e) is a | 13 | | limitation under subsection (i) of Section 6 of Article VII of | 14 | | the Illinois Constitution on the concurrent exercise by home | 15 | | rule units of powers and functions exercised by the State. | 16 | | (e-5) The City of Chicago may enact an ordinance providing | 17 | | for a noise monitoring system upon any portion of the roadway | 18 | | known as Lake Shore Drive. Twelve months after the | 19 | | installation of the noise monitoring system, and any time | 20 | | after the first report as the City deems necessary, the City of | 21 | | Chicago shall prepare a noise monitoring report with the data | 22 | | collected from the system and shall, upon request, make the | 23 | | report available to the public. For purposes of this | 24 | | subsection (e-5), "noise monitoring system" means an automated | 25 | | noise monitor capable of recording noise levels 24 hours per | 26 | | day and 365 days per year with computer equipment sufficient |
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| 1 | | to process the data. | 2 | | (e-10) A unit of local government, including a home rule | 3 | | unit, may not enact an ordinance prohibiting the use of | 4 | | Automated Driving System equipped vehicles on its roadways. | 5 | | Nothing in this subsection (e-10) shall affect the authority | 6 | | of a unit of local government to regulate Automated Driving | 7 | | System equipped vehicles for traffic control purposes. No unit | 8 | | of local government, including a home rule unit, may regulate | 9 | | Automated Driving System equipped vehicles in a manner | 10 | | inconsistent with this Code. For purposes of this subsection | 11 | | (e-10), "Automated Driving System equipped vehicle" means any | 12 | | vehicle equipped with an Automated Driving System of hardware | 13 | | and software that are collectively capable of performing the | 14 | | entire dynamic driving task on a sustained basis, regardless | 15 | | of whether it is limited to a specific operational domain. | 16 | | This subsection (e-10) is a limitation under subsection (i) of | 17 | | Section 6 of Article VII of the Illinois Constitution on the | 18 | | concurrent exercise by home rule units of powers and functions | 19 | | exercised by the State. | 20 | | (f) A municipality or county designated in Section | 21 | | 11-208.6 may enact an ordinance providing for an automated | 22 | | traffic law enforcement system to enforce violations of this | 23 | | Code or a similar provision of a local ordinance and imposing | 24 | | liability on a registered owner or lessee of a vehicle used in | 25 | | such a violation. | 26 | | (g) A municipality or county, as provided in Section |
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| 1 | | 11-1201.1, may enact an ordinance providing for an automated | 2 | | traffic law enforcement system to enforce violations of | 3 | | Section 11-1201 of this Code or a similar provision of a local | 4 | | ordinance and imposing liability on a registered owner of a | 5 | | vehicle used in such a violation. | 6 | | (h) A municipality designated in Section 11-208.8 may | 7 | | enact an ordinance providing for an automated speed | 8 | | enforcement system to enforce violations of Article VI of | 9 | | Chapter 11 of this Code or a similar provision of a local | 10 | | ordinance. | 11 | | (i) A municipality or county designated in Section | 12 | | 11-208.9 may enact an ordinance providing for an automated | 13 | | traffic law enforcement system to enforce violations of | 14 | | Section 11-1414 of this Code or a similar provision of a local | 15 | | ordinance and imposing liability on a registered owner or | 16 | | lessee of a vehicle used in such a violation. | 17 | | (j) A municipality, county, or township may enact an | 18 | | ordinance providing for administrative and civil fines to | 19 | | enforce violations of Section 11-204 of the Illinois Vehicle | 20 | | Code or a similar provision of a local ordinance and imposing | 21 | | liability on a registered owner or lessee of a vehicle used in | 22 | | such a violation. | 23 | | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | 24 | | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | 25 | | 7-26-19.) |
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| 1 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) | 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 , and other | 6 | | violations of the Illinois Vehicle Code . | 7 | | (a) Any municipality , or county , or township may provide | 8 | | by ordinance for a system of administrative adjudication of | 9 | | vehicular standing and parking violations and vehicle | 10 | | compliance violations as described in this subsection, | 11 | | automated traffic law violations as defined in Section | 12 | | 11-208.6, 11-208.9, or 11-1201.1, and automated speed | 13 | | enforcement system violations as defined in Section 11-208.8 | 14 | | and violations of Section 11-204 of the Illinois Vehicle Code | 15 | | or a similar provision of a local ordinance . The | 16 | | administrative system shall have as its purpose the fair and | 17 | | efficient enforcement of municipal , or county , or township | 18 | | regulations through the administrative adjudication of | 19 | | automated speed enforcement system or automated traffic law | 20 | | violations and violations of municipal , or county , or township | 21 | | ordinances regulating the standing and parking of vehicles, | 22 | | the condition and use of vehicle equipment, and the display of | 23 | | municipal or county wheel tax licenses within the | 24 | | municipality's or county's borders , and other violations of | 25 | | the Illinois Vehicle Code . The administrative system shall | 26 | | only have authority to adjudicate civil offenses carrying |
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| 1 | | fines not in excess of $500 or requiring the completion of a | 2 | | traffic education program, or both, that occur after the | 3 | | effective date of the ordinance adopting such a system under | 4 | | this Section. For purposes of this Section, "compliance | 5 | | violation" means a violation of a municipal or county | 6 | | regulation governing the condition or use of equipment on a | 7 | | vehicle or governing the display of a municipal or county | 8 | | wheel tax license. | 9 | | (b) Any ordinance establishing a system of administrative | 10 | | adjudication under this Section shall provide for: | 11 | | (1) A traffic compliance administrator authorized to | 12 | | adopt, distribute, and process parking, compliance, and | 13 | | automated speed enforcement system or automated traffic | 14 | | law violation notices and other notices required by this | 15 | | Section, collect money paid as fines and penalties for | 16 | | violation of parking and compliance ordinances , and | 17 | | automated speed enforcement system or automated traffic | 18 | | law violations, and other violations of the Illinois | 19 | | Vehicle Code and operate an administrative adjudication | 20 | | system. | 21 | | (2) A parking, standing, compliance, automated speed | 22 | | enforcement system, or automated traffic law , or other | 23 | | violation notice that shall specify or include the date, | 24 | | time, and place of violation of a parking, standing, | 25 | | compliance, automated speed enforcement system, or | 26 | | automated traffic law regulation , or other violation ; the |
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| 1 | | particular regulation violated; any requirement to | 2 | | complete a traffic education program; the fine and any | 3 | | penalty that may be assessed for late payment or failure | 4 | | to complete a required traffic education program, or both, | 5 | | when so provided by ordinance; the vehicle make or a | 6 | | photograph of the vehicle; the state registration number | 7 | | of the vehicle; and the identification number of the | 8 | | person issuing the notice. With regard to automated speed | 9 | | enforcement system or automated traffic law violations, | 10 | | vehicle make shall be specified on the automated speed | 11 | | enforcement system or automated traffic law violation | 12 | | notice if the notice does not include a photograph of the | 13 | | vehicle and the make is available and readily discernible. | 14 | | With regard to municipalities or counties with a | 15 | | population of 1 million or more, it shall be grounds for | 16 | | dismissal of a parking violation if the state registration | 17 | | number or vehicle make specified is incorrect. The | 18 | | violation notice shall state that the completion of any | 19 | | required traffic education program, the payment of any | 20 | | indicated fine, and the payment of any applicable penalty | 21 | | for late payment or failure to complete a required traffic | 22 | | education program, or both, shall operate as a final | 23 | | disposition of the violation. The notice also shall | 24 | | contain information as to the availability of a hearing in | 25 | | which the violation may be contested on its merits. The | 26 | | violation notice shall specify the time and manner in |
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| 1 | | which a hearing may be had. | 2 | | (3) Service of a parking, standing, or compliance , or | 3 | | other violation notice by: (i) affixing the original or a | 4 | | facsimile of the notice to an unlawfully parked or | 5 | | standing vehicle; (ii) handing the notice to the operator | 6 | | of a vehicle if he or she is present; or (iii) mailing the | 7 | | notice to the address of the registered owner or lessee of | 8 | | the cited vehicle as recorded with the Secretary of State | 9 | | or the lessor of the motor vehicle within 30 days after the | 10 | | Secretary of State or the lessor of the motor vehicle | 11 | | notifies the municipality , or county , or township of the | 12 | | identity of the owner or lessee of the vehicle, but not | 13 | | later than 90 days after the date of the violation, except | 14 | | that in the case of a lessee of a motor vehicle, service of | 15 | | a parking, standing, or compliance violation notice may | 16 | | occur no later than 210 days after the violation; and | 17 | | service of an automated speed enforcement system or | 18 | | automated traffic law violation notice by mail to the | 19 | | address of the registered owner or lessee of the cited | 20 | | vehicle as recorded with the Secretary of State or the | 21 | | lessor of the motor vehicle within 30 days after the | 22 | | Secretary of State or the lessor of the motor vehicle | 23 | | notifies the municipality , or county , or township of the | 24 | | identity of the owner or lessee of the vehicle, but not | 25 | | later than 90 days after the violation, except that in the | 26 | | case of a lessee of a motor vehicle, service of an |
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| 1 | | automated traffic law violation notice may occur no later | 2 | | than 210 days after the violation. A person authorized by | 3 | | ordinance to issue and serve parking, standing, and | 4 | | compliance , or other violation notices shall certify as to | 5 | | the correctness of the facts entered on the violation | 6 | | notice by signing his or her name to the notice at the time | 7 | | of service or, in the case of a notice produced by a | 8 | | computerized device, by signing a single certificate to be | 9 | | kept by the traffic compliance administrator attesting to | 10 | | the correctness of all notices produced by the device | 11 | | while it was under his or her control. In the case of an | 12 | | automated traffic law violation, the ordinance shall | 13 | | require a determination by a technician employed or | 14 | | contracted by the municipality or county that, based on | 15 | | inspection of recorded images, the motor vehicle was being | 16 | | operated in violation of Section 11-208.6, 11-208.9, or | 17 | | 11-1201.1 or a local ordinance. If the technician | 18 | | determines that the vehicle entered the intersection as | 19 | | part of a funeral procession or in order to yield the | 20 | | right-of-way to an emergency vehicle, a citation shall not | 21 | | be issued. In municipalities with a population of less | 22 | | than 1,000,000 inhabitants and counties with a population | 23 | | of less than 3,000,000 inhabitants, the automated traffic | 24 | | law ordinance shall require that all determinations by a | 25 | | technician that a motor vehicle was being operated in | 26 | | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a |
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| 1 | | local ordinance must be reviewed and approved by a law | 2 | | enforcement officer or retired law enforcement officer of | 3 | | the municipality or county issuing the violation. In | 4 | | municipalities with a population of 1,000,000 or more | 5 | | inhabitants and counties with a population of 3,000,000 or | 6 | | more inhabitants, the automated traffic law ordinance | 7 | | shall require that all determinations by a technician that | 8 | | a motor vehicle was being operated in violation of Section | 9 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | 10 | | be reviewed and approved by a law enforcement officer or | 11 | | retired law enforcement officer of the municipality or | 12 | | county issuing the violation or by an additional fully | 13 | | trained reviewing technician who is not employed by the | 14 | | contractor who employs the technician who made the initial | 15 | | determination. In the case of an automated speed | 16 | | enforcement system violation, the ordinance shall require | 17 | | a determination by a technician employed by the | 18 | | municipality, based upon an inspection of recorded images, | 19 | | video or other documentation, including documentation of | 20 | | the speed limit and automated speed enforcement signage, | 21 | | and documentation of the inspection, calibration, and | 22 | | certification of the speed equipment, that the vehicle was | 23 | | being operated in violation of Article VI of Chapter 11 of | 24 | | this Code or a similar local ordinance. If the technician | 25 | | determines that the vehicle speed was not determined by a | 26 | | calibrated, certified speed equipment device based upon |
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| 1 | | the speed equipment documentation, or if the vehicle was | 2 | | an emergency vehicle, a citation may not be issued. The | 3 | | automated speed enforcement ordinance shall require that | 4 | | all determinations by a technician that a violation | 5 | | occurred be reviewed and approved by a law enforcement | 6 | | officer or retired law enforcement officer of the | 7 | | municipality issuing the violation or by an additional | 8 | | fully trained reviewing technician who is not employed by | 9 | | the contractor who employs the technician who made the | 10 | | initial determination. Routine and independent calibration | 11 | | of the speeds produced by automated speed enforcement | 12 | | systems and equipment shall be conducted annually by a | 13 | | qualified technician. Speeds produced by an automated | 14 | | speed enforcement system shall be compared with speeds | 15 | | produced by lidar or other independent equipment. Radar or | 16 | | lidar equipment shall undergo an internal validation test | 17 | | no less frequently than once each week. Qualified | 18 | | technicians shall test loop-based equipment no less | 19 | | frequently than once a year. Radar equipment shall be | 20 | | checked for accuracy by a qualified technician when the | 21 | | unit is serviced, when unusual or suspect readings | 22 | | persist, or when deemed necessary by a reviewing | 23 | | technician. Radar equipment shall be checked with the | 24 | | internal frequency generator and the internal circuit test | 25 | | whenever the radar is turned on. Technicians must be alert | 26 | | for any unusual or suspect readings, and if unusual or |
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| 1 | | suspect readings of a radar unit persist, that unit shall | 2 | | immediately be removed from service and not returned to | 3 | | service until it has been checked by a qualified | 4 | | technician and determined to be functioning properly. | 5 | | Documentation of the annual calibration results, including | 6 | | the equipment tested, test date, technician performing the | 7 | | test, and test results, shall be maintained and available | 8 | | for use in the determination of an automated speed | 9 | | enforcement system violation and issuance of a citation. | 10 | | The technician performing the calibration and testing of | 11 | | the automated speed enforcement equipment shall be trained | 12 | | and certified in the use of equipment for speed | 13 | | enforcement purposes. Training on the speed enforcement | 14 | | equipment may be conducted by law enforcement, civilian, | 15 | | or manufacturer's personnel and if applicable may be | 16 | | equivalent to the equipment use and operations training | 17 | | included in the Speed Measuring Device Operator Program | 18 | | developed by the National Highway Traffic Safety | 19 | | Administration (NHTSA). The vendor or technician who | 20 | | performs the work shall keep accurate records on each | 21 | | piece of equipment the technician calibrates and tests. As | 22 | | used in this paragraph, "fully trained reviewing | 23 | | technician" means a person who has received at least 40 | 24 | | hours of supervised training in subjects which shall | 25 | | include image inspection and interpretation, the elements | 26 | | necessary to prove a violation, license plate |
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| 1 | | identification, and traffic safety and management. In all | 2 | | municipalities and counties, the automated speed | 3 | | enforcement system or automated traffic law ordinance | 4 | | shall require that no additional fee shall be charged to | 5 | | the alleged violator for exercising his or her right to an | 6 | | administrative hearing, and persons shall be given at | 7 | | least 25 days following an administrative hearing to pay | 8 | | any civil penalty imposed by a finding that Section | 9 | | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | 10 | | local ordinance has been violated. The original or a | 11 | | facsimile of the violation notice or, in the case of a | 12 | | notice produced by a computerized device, a printed record | 13 | | generated by the device showing the facts entered on the | 14 | | notice, shall be retained by the traffic compliance | 15 | | administrator, and shall be a record kept in the ordinary | 16 | | course of business. A parking, standing, compliance, | 17 | | automated speed enforcement system, or automated traffic | 18 | | law , or other violation notice issued, signed, and served | 19 | | in accordance with this Section, a copy of the notice, or | 20 | | the computer-generated record shall be prima facie correct | 21 | | and shall be prima facie evidence of the correctness of | 22 | | the facts shown on the notice. The notice, copy, or | 23 | | computer-generated record shall be admissible in any | 24 | | subsequent administrative or legal proceedings. | 25 | | (4) An opportunity for a hearing for the registered | 26 | | owner of the vehicle cited in the parking, standing, |
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| 1 | | compliance, automated speed enforcement system, or | 2 | | automated traffic law , or other violation notice in which | 3 | | the owner may contest the merits of the alleged violation, | 4 | | and during which formal or technical rules of evidence | 5 | | shall not apply; provided, however, that under Section | 6 | | 11-1306 of this Code the lessee of a vehicle cited in the | 7 | | violation notice likewise shall be provided an opportunity | 8 | | for a hearing of the same kind afforded the registered | 9 | | owner. The hearings shall be recorded, and the person | 10 | | conducting the hearing on behalf of the traffic compliance | 11 | | administrator shall be empowered to administer oaths and | 12 | | to secure by subpoena both the attendance and testimony of | 13 | | witnesses and the production of relevant books and papers. | 14 | | Persons appearing at a hearing under this Section may be | 15 | | represented by counsel at their expense. The ordinance may | 16 | | also provide for internal administrative review following | 17 | | the decision of the hearing officer. | 18 | | (5) Service of additional notices, sent by first class | 19 | | United States mail, postage prepaid, to the address of the | 20 | | registered owner of the cited vehicle as recorded with the | 21 | | Secretary of State 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 | | or, under Section 11-1306 or subsection (p) of Section | 25 | | 11-208.6 or 11-208.9, or subsection (p) of Section | 26 | | 11-208.8 of this Code, to the lessee of the cited vehicle |
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| 1 | | at the last address known to the lessor of the cited | 2 | | vehicle at the time of lease or, if any notice to that | 3 | | address is returned as undeliverable, to the last known | 4 | | address recorded in a United States Post Office approved | 5 | | database. The service shall be deemed complete as of the | 6 | | date of deposit in the United States mail. The notices | 7 | | shall be in the following sequence and shall include, but | 8 | | not be limited to, the information specified herein: | 9 | | (i) A second notice of parking, standing, or | 10 | | compliance , or other violation if the first notice of | 11 | | the violation was issued by affixing the original or a | 12 | | facsimile of the notice to the unlawfully parked | 13 | | vehicle or by handing the notice to the operator. This | 14 | | notice shall specify or include the date and location | 15 | | of the violation cited in the parking, standing, or | 16 | | compliance , or other violation notice, the particular | 17 | | regulation violated, the vehicle make or a photograph | 18 | | of the vehicle, the state registration number of the | 19 | | vehicle, any requirement to complete a traffic | 20 | | education program, the fine and any penalty that may | 21 | | be assessed for late payment or failure to complete a | 22 | | traffic education program, or both, when so provided | 23 | | by ordinance, the availability of a hearing in which | 24 | | the violation may be contested on its merits, and the | 25 | | time and manner in which the hearing may be had. The | 26 | | notice of violation shall also state that failure to |
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| 1 | | complete a required traffic education program, to pay | 2 | | the indicated fine and any applicable penalty, or to | 3 | | appear at a hearing on the merits in the time and | 4 | | manner specified, will result in a final determination | 5 | | of violation liability for the cited violation in the | 6 | | amount of the fine or penalty indicated, and that, | 7 | | upon the occurrence of a final determination of | 8 | | violation liability for the failure, and the | 9 | | exhaustion of, or failure to exhaust, available | 10 | | administrative or judicial procedures for review, any | 11 | | incomplete traffic education program or any unpaid | 12 | | fine or penalty, or both, will constitute a debt due | 13 | | and owing the municipality or county. | 14 | | (ii) A notice of final determination of parking, | 15 | | standing, compliance, automated speed enforcement | 16 | | system, or automated traffic law , or other violation | 17 | | liability. This notice shall be sent following a final | 18 | | determination of parking, standing, compliance, | 19 | | automated speed enforcement system, or automated | 20 | | traffic law , or other violation liability and the | 21 | | conclusion of judicial review procedures taken under | 22 | | this Section. The notice shall state that the | 23 | | incomplete traffic education program or the unpaid | 24 | | fine or penalty, or both, is a debt due and owing the | 25 | | municipality , or county , or township . The notice shall | 26 | | contain warnings that failure to complete any required |
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| 1 | | traffic education program or to pay any fine or | 2 | | penalty due and owing the municipality , or county, or | 3 | | township or both, within the time specified may result | 4 | | in the municipality's, county's, or township's | 5 | | municipality's or county's filing of a petition in the | 6 | | Circuit Court to have the incomplete traffic education | 7 | | program or unpaid fine or penalty, or both, rendered a | 8 | | judgment as provided by this Section, or, where | 9 | | applicable, may result in suspension of the person's | 10 | | driver's license for failure to complete a traffic | 11 | | education program. | 12 | | (6) A notice of impending driver's license suspension. | 13 | | This notice shall be sent to the person liable for failure | 14 | | to complete a required traffic education program. The | 15 | | notice shall state that failure to complete a required | 16 | | traffic education program within 45 days of the notice's | 17 | | date will result in the municipality , or county , or | 18 | | township notifying the Secretary of State that the person | 19 | | is eligible for initiation of suspension proceedings under | 20 | | Section 6-306.5 of this Code. The notice shall also state | 21 | | that the person may obtain a photostatic copy of an | 22 | | original ticket imposing a fine or penalty by sending a | 23 | | self-addressed, stamped envelope to the municipality , or | 24 | | county , or township along with a request for the | 25 | | photostatic copy. The notice of impending driver's license | 26 | | suspension shall be sent by first class United States |
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| 1 | | mail, postage prepaid, to the address recorded with the | 2 | | Secretary of State or, if any notice to that address is | 3 | | returned as undeliverable, to the last known address | 4 | | recorded in a United States Post Office approved database. | 5 | | (7) Final determinations of violation liability. A | 6 | | final determination of violation liability shall occur | 7 | | following failure to complete the required traffic | 8 | | education program or to pay the fine or penalty, or both, | 9 | | after a hearing officer's determination of violation | 10 | | liability and the exhaustion of or failure to exhaust any | 11 | | administrative review procedures provided by ordinance. | 12 | | Where a person fails to appear at a hearing to contest the | 13 | | alleged violation in the time and manner specified in a | 14 | | prior mailed notice, the hearing officer's determination | 15 | | of violation liability shall become final: (A) upon denial | 16 | | of a timely petition to set aside that determination, or | 17 | | (B) upon expiration of the period for filing the petition | 18 | | without a filing having been made. | 19 | | (8) A petition to set aside a determination of | 20 | | parking, standing, compliance, automated speed enforcement | 21 | | system, or automated traffic law , or other violation | 22 | | liability that may be filed by a person owing an unpaid | 23 | | fine or penalty. A petition to set aside a determination | 24 | | of liability may also be filed by a person required to | 25 | | complete a traffic education program. The petition shall | 26 | | be filed with and ruled upon by the traffic compliance |
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| 1 | | administrator in the manner and within the time specified | 2 | | by ordinance. The grounds for the petition may be limited | 3 | | to: (A) the person not having been the owner or lessee of | 4 | | the cited vehicle on the date the violation notice was | 5 | | issued, (B) the person having already completed the | 6 | | required traffic education program or paid the fine or | 7 | | penalty, or both, for the violation in question, and (C) | 8 | | excusable failure to appear at or request a new date for a | 9 | | hearing. With regard to municipalities or counties with a | 10 | | population of 1 million or more, it shall be grounds for | 11 | | dismissal of a parking violation if the state registration | 12 | | number or vehicle make, only if specified in the violation | 13 | | notice, is incorrect. After the determination of parking, | 14 | | standing, compliance, automated speed enforcement system, | 15 | | or automated traffic law , or other violation liability has | 16 | | been set aside upon a showing of just cause, the | 17 | | registered owner shall be provided with a hearing on the | 18 | | merits for that violation. | 19 | | (9) Procedures for non-residents. Procedures by which | 20 | | persons who are not residents of the municipality , or | 21 | | county , or township may contest the merits of the alleged | 22 | | violation without attending a hearing. | 23 | | (10) A schedule of civil fines for violations of | 24 | | vehicular standing, parking, compliance, automated speed | 25 | | enforcement system, or automated traffic law , or other | 26 | | regulations enacted by ordinance pursuant to this Section, |
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| 1 | | and a schedule of penalties for late payment of the fines | 2 | | or failure to complete required traffic education | 3 | | programs, provided, however, that the total amount of the | 4 | | fine and penalty for any one violation shall not exceed | 5 | | $250, except as to violations of an ordinance relating to | 6 | | Section 11-204 of the Illinois Vehicle Code, which shall | 7 | | not exceed $500, and except as provided in subsection (c) | 8 | | of Section 11-1301.3 of this Code. | 9 | | (11) Other provisions as are necessary and proper to | 10 | | carry into effect the powers granted and purposes stated | 11 | | in this Section. | 12 | | (b-5) An automated speed enforcement system or automated | 13 | | traffic law ordinance adopted under this Section by a | 14 | | municipality or county shall require that the determination to | 15 | | issue a citation be vested solely with the municipality or | 16 | | county and that such authority may not be delegated to any | 17 | | vendor retained by the municipality or county. Any contract or | 18 | | agreement violating such a provision in the ordinance is null | 19 | | and void. | 20 | | (c) Any municipality , or county , or township establishing | 21 | | vehicular standing, parking, compliance, automated speed | 22 | | enforcement system, or automated traffic law , or other | 23 | | regulations under this Section may also provide by ordinance | 24 | | for a program of vehicle immobilization for the purpose of | 25 | | facilitating enforcement of those regulations. The program of | 26 | | vehicle immobilization shall provide for immobilizing any |
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| 1 | | eligible vehicle upon the public way by presence of a | 2 | | restraint in a manner to prevent operation of the vehicle. Any | 3 | | ordinance establishing a program of vehicle immobilization | 4 | | under this Section shall provide: | 5 | | (1) Criteria for the designation of vehicles eligible | 6 | | for immobilization. A vehicle shall be eligible for | 7 | | immobilization when the registered owner of the vehicle | 8 | | has accumulated the number of incomplete traffic education | 9 | | programs or unpaid final determinations of parking, | 10 | | standing, compliance, automated speed enforcement system, | 11 | | or automated traffic law , or other violation liability, or | 12 | | both, as determined by ordinance. | 13 | | (2) A notice of impending vehicle immobilization and a | 14 | | right to a hearing to challenge the validity of the notice | 15 | | by disproving liability for the incomplete traffic | 16 | | education programs or unpaid final determinations of | 17 | | parking, standing, compliance, automated speed enforcement | 18 | | system, or automated traffic law , or other violation | 19 | | liability, or both, listed on the notice. | 20 | | (3) The right to a prompt hearing after a vehicle has | 21 | | been immobilized or subsequently towed without the | 22 | | completion of the required traffic education program or | 23 | | payment of the outstanding fines and penalties on parking, | 24 | | standing, compliance, automated speed enforcement system, | 25 | | or automated traffic law , or other violations, or both, | 26 | | for which final determinations have been issued. An order |
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| 1 | | issued after the hearing is a final administrative | 2 | | decision within the meaning of Section 3-101 of the Code | 3 | | of Civil Procedure. | 4 | | (4) A post immobilization and post-towing notice | 5 | | advising the registered owner of the vehicle of the right | 6 | | to a hearing to challenge the validity of the impoundment. | 7 | | (d) Judicial review of final determinations of parking, | 8 | | standing, compliance, automated speed enforcement system, or | 9 | | automated traffic law , or other violations and final | 10 | | administrative decisions issued after hearings regarding | 11 | | vehicle immobilization and impoundment made under this Section | 12 | | shall be subject to the provisions of the Administrative | 13 | | Review Law. | 14 | | (e) Any fine, penalty, incomplete traffic education | 15 | | program, or part of any fine or any penalty remaining unpaid | 16 | | after the exhaustion of, or the failure to exhaust, | 17 | | administrative remedies created under this Section and the | 18 | | conclusion of any judicial review procedures shall be a debt | 19 | | due and owing the municipality , or county , or township and, as | 20 | | such, may be collected in accordance with applicable law. | 21 | | Completion of any required traffic education program and | 22 | | payment in full of any fine or penalty resulting from a | 23 | | standing, parking, compliance, automated speed enforcement | 24 | | system, or automated traffic law , or other violation shall | 25 | | constitute a final disposition of that violation. | 26 | | (f) After the expiration of the period within which |
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| 1 | | judicial review may be sought for a final determination of | 2 | | parking, standing, compliance, automated speed enforcement | 3 | | system, or automated traffic law , or other violation, the | 4 | | municipality , or county , or township may commence a proceeding | 5 | | in the Circuit Court for purposes of obtaining a judgment on | 6 | | the final determination of violation. Nothing in this Section | 7 | | shall prevent a municipality , or county | | | , or township from | 8 | | consolidating multiple final determinations of parking, | 9 | | standing, compliance, automated speed enforcement system, or | 10 | | automated traffic law , or other violations against a person in | 11 | | a proceeding. Upon commencement of the action, the | 12 | | municipality , or county , or township shall file a certified | 13 | | copy or record of the final determination of parking, | 14 | | standing, compliance, automated speed enforcement system, or | 15 | | automated traffic law , or other violation, which shall be | 16 | | accompanied by a certification that recites facts sufficient | 17 | | to show that the final determination of violation was issued | 18 | | in accordance with this Section and the applicable municipal , | 19 | | or county , or township ordinance. Service of the summons and a | 20 | | copy of the petition may be by any method provided by Section | 21 | | 2-203 of the Code of Civil Procedure or by certified mail, | 22 | | return receipt requested, provided that the total amount of | 23 | | fines and penalties for final determinations of parking, | 24 | | standing, compliance, automated speed enforcement system, or | 25 | | automated traffic law , or other violations does not exceed | 26 | | $2500. If the court is satisfied that the final determination |
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| 1 | | of parking, standing, compliance, automated speed enforcement | 2 | | system, or automated traffic law , or other violation was | 3 | | entered in accordance with the requirements of this Section | 4 | | and the applicable municipal , or county , or township | 5 | | ordinance, and that the registered owner or the lessee, as the | 6 | | case may be, had an opportunity for an administrative hearing | 7 | | and for judicial review as provided in this Section, the court | 8 | | shall render judgment in favor of the municipality , or county , | 9 | | or township and against the registered owner or the lessee for | 10 | | the amount indicated in the final determination of parking, | 11 | | standing, compliance, automated speed enforcement system, or | 12 | | automated traffic law , or other violation, plus costs. The | 13 | | judgment shall have the same effect and may be enforced in the | 14 | | same manner as other judgments for the recovery of money. | 15 | | (g) The fee for participating in a traffic education | 16 | | program under this Section shall not exceed $25. | 17 | | A low-income individual required to complete a traffic | 18 | | education program under this Section who provides proof of | 19 | | eligibility for the federal earned income tax credit under | 20 | | Section 32 of the Internal Revenue Code or the Illinois earned | 21 | | income tax credit under Section 212 of the Illinois Income Tax | 22 | | Act shall not be required to pay any fee for participating in a | 23 | | required traffic education program. | 24 | | (h) Notwithstanding any other provision of law to the | 25 | | contrary, a person shall not be liable for violations, fees, | 26 | | fines, or penalties under this Section during the period in |
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| 1 | | which the motor vehicle was stolen or hijacked, as indicated | 2 | | in a report to the appropriate law enforcement agency filed in | 3 | | a timely manner. | 4 | | (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; | 5 | | 103-364, eff. 7-28-23.) |
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