Full Text of HB3733 096th General Assembly
HB3733 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3733
Introduced 2/25/2009, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Establishes requirements for the system. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Deletes language pertaining to a pilot project to establish such a system. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $250 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid. Repeals the provision currently providing for the establishment of these systems. Makes other changes.
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A BILL FOR
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HB3733 |
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LRB096 09364 AJT 19521 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 1-105.2, 6-306.5, 11-208, 11-208.3, and 11-1201.1 as | 6 |
| follows: | 7 |
| (625 ILCS 5/1-105.2)
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| Sec. 1-105.2. Automated traffic law violation. A violation | 9 |
| described in Section 11-208.6 or 11-1201.1 of this Code.
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| (Source: P.A. 94-795, eff. 5-22-06.)
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| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 13 |
| parking,
compliance, or automated traffic law violations; | 14 |
| suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 16 |
| subsection (c) of
this Section, from
any municipality stating | 17 |
| that the owner of a registered vehicle has: (1) failed
to pay | 18 |
| any fine or penalty due and owing as a result of 10 or more | 19 |
| violations
of a
municipality's vehicular standing, parking, or | 20 |
| compliance
regulations established by
ordinance pursuant to | 21 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 22 |
| penalty due and owing as a result of 5 offenses for automated |
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HB3733 |
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| traffic
violations as defined in
Section 11-208.6 or 11-1201.1 , | 2 |
| the Secretary of State
shall suspend the driving privileges of | 3 |
| such person in accordance with the
procedures set forth in this | 4 |
| Section.
The Secretary shall also suspend the driving | 5 |
| privileges of an owner of a
registered vehicle upon receipt of | 6 |
| a certified report, as prescribed by
subsection (f) of this | 7 |
| Section, from any municipality stating that such
person has | 8 |
| failed to satisfy any fines or penalties imposed by final | 9 |
| judgments
for 5 or more automated traffic law violations or 10 | 10 |
| or more violations of local standing, parking, or
compliance | 11 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 13 |
| municipality as
specified in this Section, the Secretary of | 14 |
| State shall notify the person
whose name appears on the | 15 |
| certified report that
the person's
drivers license will be | 16 |
| suspended at the end of a specified period of time
unless the | 17 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 19 |
| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The | 21 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 23 |
| Secretary, and
shall be effective as specified by subsection | 24 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 26 |
| notifying the
Secretary of State of unpaid fines or penalties |
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| pursuant to this Section
shall be certified and shall contain | 2 |
| the following:
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| (1) The name, last known address as recorded with the | 4 |
| Secretary of State, as provided by the lessor of the cited | 5 |
| vehicle at the time of lease, or as recorded in a United | 6 |
| States Post Office approved database if any notice sent | 7 |
| under Section 11-208.3 of this Code is returned as | 8 |
| undeliverable, and drivers license number of the
person who | 9 |
| failed to pay the fine or
penalty and the registration | 10 |
| number of any vehicle known to be registered
to such person | 11 |
| in this State.
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| (2) The name of the municipality making the report | 13 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 15 |
| impending
drivers license suspension as prescribed by | 16 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 17 |
| person named in the report at the
address recorded with the | 18 |
| Secretary of State or at the last address known to the | 19 |
| lessor of the cited vehicle at the time of lease or, if any | 20 |
| notice sent under Section 11-208.3 of this Code is returned | 21 |
| as undeliverable, at the last known address recorded in a | 22 |
| United States Post Office approved database; the date on | 23 |
| which such
notice was sent; and the address to which such | 24 |
| notice was sent.
In a municipality with a population of | 25 |
| 1,000,000 or more, the report shall
also include a | 26 |
| statement that the alleged violator's State vehicle |
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| registration
number and vehicle make, if specified on the | 2 |
| automated traffic law violation notice, are correct as they | 3 |
| appear on the citations.
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| (d) Any municipality making a certified report to the | 5 |
| Secretary of State
pursuant to this Section
shall notify the | 6 |
| Secretary of State, in a form prescribed by the
Secretary, | 7 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 9 |
| municipality determines
that the original report was in error. | 10 |
| A certified copy of such
notification shall also be given upon | 11 |
| request and at no additional charge
to the person named | 12 |
| therein. Upon receipt of the municipality's
notification or | 13 |
| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the | 16 |
| 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
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| 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 10 or more standing, parking, or | 22 |
| compliance
violation notices or 5 or more 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 |
| 10 or more standing, parking, or compliance violations or 5 or | 26 |
| more automated traffic law violations
indicated on the |
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| certified report.
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| (f) Any municipality, other than a municipality | 3 |
| establishing vehicular
standing, parking, and compliance | 4 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 5 |
| law regulations under Section 11-208.6 or 11-1201.1 , may also
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| cause a suspension of a person's drivers license pursuant to | 7 |
| this Section.
Such municipality may invoke this sanction by | 8 |
| making a certified report to
the Secretary of State upon a | 9 |
| person's failure to satisfy any fine or
penalty imposed by | 10 |
| final judgment for 10 or more violations of local
standing, | 11 |
| parking, or compliance regulations or 5 or more automated | 12 |
| traffic law violations after exhaustion
of judicial review
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| procedures, but only if:
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| (1) the municipality complies with the provisions of | 15 |
| this Section in all
respects except in regard to enacting | 16 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance | 19 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 21 |
| more, the
municipality
has verified that the alleged | 22 |
| violator's State vehicle registration number and
vehicle | 23 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 25 |
| establishing
standing, parking, and compliance regulations | 26 |
| pursuant to
Section 11-208.3 or automated traffic law |
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| regulations under Section 11-208.6 or 11-1201.1 , may provide by
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| ordinance for the sending of a notice of impending
drivers | 3 |
| license suspension to the person who has failed to satisfy any | 4 |
| fine
or penalty imposed by final judgment for 10 or more | 5 |
| violations of local
standing, parking, or compliance | 6 |
| regulations or 5 or more automated traffic law violations after | 7 |
| exhaustion
of
judicial review
procedures. An ordinance so | 8 |
| providing shall specify that the notice
sent to the person | 9 |
| liable for any fine or penalty
shall state that failure to pay | 10 |
| the fine or
penalty owing within 45 days of the notice's date | 11 |
| will result in the
municipality notifying the Secretary of | 12 |
| State that
the person's drivers license is eligible for | 13 |
| suspension pursuant to this
Section.
The notice of impending | 14 |
| drivers license suspension
shall be sent by first class United | 15 |
| States mail, postage prepaid, to the
address
recorded with the | 16 |
| Secretary of State or at the last address known to the lessor | 17 |
| of the cited vehicle at the time of lease or, if any notice | 18 |
| sent under Section 11-208.3 of this Code is returned as | 19 |
| undeliverable, to the last known address recorded in a United | 20 |
| States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 22 |
| suspension or a
suspension made pursuant to this Section may be | 23 |
| had upon filing a written
request with the Secretary of State. | 24 |
| The filing fee for this hearing shall
be $20, to be paid at the | 25 |
| time the request is made.
A municipality which files a | 26 |
| certified report with the Secretary of
State pursuant to this |
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| Section shall reimburse the Secretary for all
reasonable costs | 2 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the | 4 |
| notice
required pursuant to subsection (b) and the costs | 5 |
| incurred by the Secretary
in any hearing conducted with respect | 6 |
| to the report pursuant to this
subsection and any appeal from | 7 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 9 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 11 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to | 16 |
| prevent
local authorities with respect to streets and highways | 17 |
| under their
jurisdiction and within the reasonable exercise of | 18 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 20 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 22 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 24 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way highways |
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| and requiring that
all vehicles thereon be moved in one | 2 |
| specific direction;
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| 5. Regulating the speed of vehicles in public parks | 4 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 6 |
| authorized in Section
11-302, and requiring that all | 7 |
| vehicles stop before entering or crossing
the same or | 8 |
| designating any intersection as a stop intersection or a | 9 |
| yield
right-of-way intersection and requiring all vehicles | 10 |
| to stop or yield the
right-of-way at one or more entrances | 11 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 13 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring | 15 |
| the
registration and licensing of same, including the | 16 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or | 18 |
| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section | 20 |
| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 23 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal operation;
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| 14. Imposing fines in accordance with Section | 26 |
| 11-1301.3 as penalties
for use of any parking place |
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| reserved for persons with disabilities, as defined
by | 2 |
| Section 1-159.1, or disabled veterans by any person using a | 3 |
| motor
vehicle not bearing registration plates specified in | 4 |
| Section 11-1301.1
or a special decal or device as defined | 5 |
| in Section 11-1301.2
as evidence that the vehicle is | 6 |
| operated by or for a person
with disabilities or disabled | 7 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 9 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 11 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, | 13 |
| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 14 |
| until signs giving
reasonable notice of such local traffic | 15 |
| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants | 18 |
| from
prohibiting any person from driving or operating any motor | 19 |
| vehicle upon
the roadways of such municipality with headlamps | 20 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 22 |
| prevent local
authorities within the reasonable exercise of | 23 |
| their police power from
prohibiting, on private property, the | 24 |
| unauthorized use of parking spaces
reserved for persons with | 25 |
| disabilities.
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| (e) No unit of local government, including a home rule |
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| unit, may enact or
enforce an ordinance that applies only to | 2 |
| motorcycles if the principal purpose
for that ordinance is to | 3 |
| restrict the access of motorcycles to any highway or
portion of | 4 |
| a highway for which federal or State funds have been used for | 5 |
| the
planning, design, construction, or maintenance of that | 6 |
| highway. No unit of
local government, including a home rule | 7 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 8 |
| protective headgear. Nothing in this subsection
(e) shall | 9 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 11 |
| Section 12-602
of this Code. No unit of local government, | 12 |
| including a home rule unit, may
regulate motorcycles in a | 13 |
| manner inconsistent with this Code. This subsection
(e) is a | 14 |
| limitation under subsection (i) of Section 6 of Article VII of | 15 |
| the
Illinois Constitution on the concurrent exercise by home | 16 |
| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county designated in Section 11-208.6 | 18 |
| may enact an ordinance providing for an
automated traffic law | 19 |
| enforcement system to enforce violations of this Code or
a | 20 |
| similar provision of a local ordinance and imposing liability | 21 |
| on a registered owner of a vehicle used in such a violation.
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| (g) A municipality or county, as provided in Section | 23 |
| 11-1201.1, may enact an ordinance providing for an automated | 24 |
| traffic law enforcement system to enforce violations of Section | 25 |
| 11-1201 of this Code or a similar provision of a local | 26 |
| ordinance and imposing liability on a registered owner of a |
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| vehicle used in such a violation.
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| (Source: P.A. 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations | 5 |
| of traffic
regulations concerning the standing, parking, or | 6 |
| condition of
vehicles and automated traffic law violations.
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| (a) Any municipality may provide by ordinance for a system | 8 |
| of
administrative adjudication of vehicular standing and | 9 |
| parking violations and
vehicle compliance violations as | 10 |
| defined in this subsection and automated traffic law violations | 11 |
| as defined in Section 11-208.6 or 11-1201.1 .
The administrative | 12 |
| system shall have as its purpose the fair and
efficient | 13 |
| enforcement of municipal regulations through the
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| administrative adjudication of automated traffic law | 15 |
| violations and violations of municipal ordinances
regulating | 16 |
| the standing and parking of vehicles, the condition and use of
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| vehicle equipment, and the display of municipal wheel tax | 18 |
| licenses within the
municipality's
borders. The administrative | 19 |
| system shall only have authority to adjudicate
civil offenses | 20 |
| carrying fines not in excess of $250 that occur after the
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| effective date of the ordinance adopting such a system under | 22 |
| this Section.
For purposes of this Section, "compliance | 23 |
| violation" means a violation of a
municipal regulation | 24 |
| governing the condition or use of equipment on a vehicle
or | 25 |
| governing the display of a municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative | 2 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
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| adopt, distribute and
process parking, compliance, and | 5 |
| automated traffic law violation notices and other notices | 6 |
| required
by this
Section, collect money paid as fines and | 7 |
| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations, and | 9 |
| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report | 11 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 13 |
| traffic law violation notice
that
shall specify the date,
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| time, and place of violation of a parking, standing,
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| compliance, or automated traffic law
regulation; the | 16 |
| particular regulation
violated; the fine and any penalty | 17 |
| that may be assessed for late payment,
when so provided by | 18 |
| ordinance; the vehicle make and state registration
number; | 19 |
| and the identification number of the
person issuing the | 20 |
| notice.
With regard to automated traffic law violations, | 21 |
| vehicle make shall be specified on the automated traffic | 22 |
| law violation notice if the make is available and readily | 23 |
| discernible. With regard to municipalities with a | 24 |
| population of 1 million or more, it
shall be grounds for
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| dismissal of a parking
violation if the state registration | 26 |
| number or vehicle make specified is
incorrect. The |
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| violation notice shall state that the payment of the | 2 |
| indicated
fine, and of any applicable penalty for late | 3 |
| payment, shall operate as a
final disposition of the | 4 |
| violation. The notice also shall contain
information as to | 5 |
| the availability of a hearing in which the violation may
be | 6 |
| contested on its merits. The violation notice shall specify | 7 |
| the
time and manner in which a hearing may be had.
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| (3) Service of the parking, standing, or compliance
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| violation notice by affixing the
original or a facsimile of | 10 |
| the notice to an unlawfully parked vehicle or by
handing | 11 |
| the notice to the operator of a vehicle if he or she is
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| present and service of an automated traffic law violation | 13 |
| notice by mail to the
address
of the registered owner of | 14 |
| the cited vehicle as recorded with the Secretary of
State | 15 |
| within 30 days after the Secretary of State notifies the | 16 |
| municipality or county of the identity of the owner of the | 17 |
| vehicle, but in no event later than 90 days after the | 18 |
| violation. A person authorized by ordinance to issue and | 19 |
| serve parking,
standing, and compliance
violation notices | 20 |
| shall certify as to the correctness of the facts entered
on | 21 |
| the violation notice by signing his or her name to the | 22 |
| notice at
the time of service or in the case of a notice | 23 |
| produced by a computerized
device, by signing a single | 24 |
| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices | 26 |
| produced by the
device while it was under his or her |
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| control. In the case of an automated traffic law violation, | 2 |
| the ordinance shall
require
a
determination by a technician | 3 |
| employed or contracted by the municipality or county that,
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| based on inspection of recorded images, the motor vehicle | 5 |
| was being operated in
violation of Section 11-208.6 or | 6 |
| 11-1201.1 or a local ordinance.
If the technician | 7 |
| determines that the
vehicle entered the intersection as | 8 |
| part of a funeral procession or in order to
yield the | 9 |
| right-of-way to an emergency vehicle, a citation shall not | 10 |
| be issued. The original or a
facsimile of the violation | 11 |
| notice or, in the case of a notice produced by a
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| computerized device, a printed record generated by the | 13 |
| device showing the facts
entered on the notice, shall be | 14 |
| retained by the
traffic compliance
administrator, and | 15 |
| shall be a record kept in the ordinary course of
business. | 16 |
| A parking, standing, compliance, or automated traffic law | 17 |
| violation notice issued,
signed and served in
accordance | 18 |
| with this Section, a copy of the notice, or the computer
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| generated record shall be prima facie
correct and shall be | 20 |
| prima facie evidence of the correctness of the facts
shown | 21 |
| on the notice. The notice, copy, or computer generated
| 22 |
| record shall be admissible in any
subsequent | 23 |
| administrative or legal proceedings.
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| (4) An opportunity for a hearing for the registered | 25 |
| owner of the
vehicle cited in the parking, standing, | 26 |
| compliance, or automated traffic law violation notice in
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| which the owner may
contest the merits of the alleged | 2 |
| violation, and during which formal or
technical rules of | 3 |
| evidence shall not apply; provided, however, that under
| 4 |
| Section 11-1306 of this Code the lessee of a vehicle cited | 5 |
| in the
violation notice likewise shall be provided an | 6 |
| opportunity for a hearing of
the same kind afforded the | 7 |
| registered owner. The hearings shall be
recorded, and the | 8 |
| person conducting the hearing on behalf of the traffic
| 9 |
| compliance
administrator shall be empowered to administer | 10 |
| oaths and to secure by
subpoena both the attendance and | 11 |
| testimony of witnesses and the production
of relevant books | 12 |
| and papers. Persons appearing at a hearing under this
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| Section may be represented by counsel at their expense. The | 14 |
| ordinance may
also provide for internal administrative | 15 |
| review following the decision of
the hearing officer.
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| (5) Service of additional notices, sent by first class | 17 |
| United States
mail, postage prepaid, to the address of the | 18 |
| registered owner of the cited
vehicle as recorded with the | 19 |
| Secretary of State or, if any notice to that address is | 20 |
| returned as undeliverable, to the last known address | 21 |
| recorded in a United States Post Office approved database,
| 22 |
| or, under Section 11-1306
of this Code, to the lessee of | 23 |
| the cited vehicle at the last address known
to the lessor | 24 |
| of the cited vehicle at the time of lease or, if any notice | 25 |
| to that address is returned as undeliverable, to the last | 26 |
| known address recorded in a United States Post Office |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| approved database.
The service shall
be deemed complete as | 2 |
| of the date of deposit in the United States mail.
The | 3 |
| notices shall be in the following sequence and shall | 4 |
| include but not be
limited to the information specified | 5 |
| herein:
| 6 |
| (i) A second notice of parking, standing, or | 7 |
| compliance violation. This notice shall specify the
| 8 |
| date and location of the violation cited in the | 9 |
| parking,
standing,
or compliance violation
notice, the | 10 |
| particular regulation violated, the vehicle
make and | 11 |
| state registration number, the fine and any penalty | 12 |
| that may be
assessed for late payment when so provided | 13 |
| by ordinance, the availability
of a hearing in which | 14 |
| the violation may be contested on its merits, and the
| 15 |
| time and manner in which the hearing may be had. The | 16 |
| notice of violation
shall also state that failure | 17 |
| either to pay the indicated fine and any
applicable | 18 |
| penalty, or to appear at a hearing on the merits in the | 19 |
| time and
manner specified, will result in a final | 20 |
| determination of violation
liability for the cited | 21 |
| violation in the amount of the fine or penalty
| 22 |
| indicated, and that, upon the occurrence of a final | 23 |
| determination of violation liability for the failure, | 24 |
| and the exhaustion of, or
failure to exhaust, available | 25 |
| administrative or judicial procedures for
review, any | 26 |
| unpaid fine or penalty will constitute a debt due and |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| owing
the municipality.
| 2 |
| (ii) A notice of final determination of parking, | 3 |
| standing,
compliance, or automated traffic law | 4 |
| violation liability.
This notice shall be sent | 5 |
| following a final determination of parking,
standing, | 6 |
| compliance, or automated traffic law
violation | 7 |
| liability and the conclusion of judicial review | 8 |
| procedures taken
under this Section. The notice shall | 9 |
| state that the unpaid fine or
penalty is a debt due and | 10 |
| owing the municipality. The notice shall contain
| 11 |
| warnings that failure to pay any fine or penalty due | 12 |
| and owing the
municipality within the time specified | 13 |
| may result in the municipality's
filing of a petition | 14 |
| in the Circuit Court to have the unpaid
fine or penalty | 15 |
| rendered a judgment as provided by this Section, or may
| 16 |
| result in suspension of the person's drivers license | 17 |
| for failure to pay
fines or penalties for 10 or more | 18 |
| parking violations under Section 6-306.5 or 5 or more | 19 |
| automated traffic law violations under Section | 20 |
| 11-208.6.
| 21 |
| (6) A Notice of impending drivers license suspension. | 22 |
| This
notice shall be sent to the person liable for any fine | 23 |
| or penalty that
remains due and owing on 10 or more parking
| 24 |
| violations or 5 or more unpaid automated traffic law | 25 |
| violations. The notice
shall state that failure to pay the | 26 |
| fine or penalty owing within 45 days of
the notice's date |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| will result in the municipality notifying the Secretary
of | 2 |
| State that the person is eligible for initiation of | 3 |
| suspension
proceedings under Section 6-306.5 of this Code. | 4 |
| The notice shall also state
that the person may obtain a | 5 |
| photostatic copy of an original ticket imposing a
fine or | 6 |
| penalty by sending a self addressed, stamped envelope to | 7 |
| the
municipality along with a request for the photostatic | 8 |
| copy.
The notice of impending
drivers license suspension | 9 |
| shall be sent by first class United States mail,
postage | 10 |
| prepaid, to the address recorded with the Secretary of | 11 |
| State or, if any notice to that address is returned as | 12 |
| undeliverable, to the last known address recorded in a | 13 |
| United States Post Office approved database.
| 14 |
| (7) Final determinations of violation liability. A | 15 |
| final
determination of violation liability shall occur | 16 |
| following failure
to pay the fine or penalty after a | 17 |
| hearing officer's determination of violation liability and | 18 |
| the exhaustion of or failure to exhaust any
administrative | 19 |
| review procedures provided by ordinance. Where a person
| 20 |
| fails to appear at a hearing to contest the alleged | 21 |
| violation in the time
and manner specified in a prior | 22 |
| mailed notice, the hearing officer's
determination of | 23 |
| violation liability shall become final: (A) upon
denial of | 24 |
| a timely petition to set aside that determination, or (B) | 25 |
| upon
expiration of the period for filing the petition | 26 |
| without a
filing having been made.
|
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| (8) A petition to set aside a determination of parking, | 2 |
| standing,
compliance, or automated traffic law violation
| 3 |
| liability that may be filed by a person owing an unpaid | 4 |
| fine or penalty.
The petition shall be filed with and ruled | 5 |
| upon by the traffic compliance
administrator in the manner | 6 |
| and within the time specified by ordinance.
The grounds for | 7 |
| the petition may be limited to: (A) the person not having
| 8 |
| been the owner or lessee of the cited vehicle on the date | 9 |
| the
violation notice was issued, (B) the person having | 10 |
| already paid the fine or
penalty for the violation in | 11 |
| question, and (C) excusable failure to
appear at or
request | 12 |
| a new date for a hearing.
With regard to municipalities | 13 |
| with a population of 1 million or more, it
shall be grounds | 14 |
| for
dismissal of a
parking violation if the state | 15 |
| registration number, or vehicle make if specified, is
| 16 |
| incorrect. After the determination of
parking, standing, | 17 |
| compliance, or automated traffic law violation liability | 18 |
| has been set aside
upon a showing of just
cause, the | 19 |
| registered owner shall be provided with a hearing on the | 20 |
| merits
for that violation.
| 21 |
| (9) Procedures for non-residents. Procedures by which | 22 |
| persons who are
not residents of the municipality may | 23 |
| contest the merits of the alleged
violation without | 24 |
| attending a hearing.
| 25 |
| (10) A schedule of civil fines for violations of | 26 |
| vehicular standing,
parking, compliance, or automated |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| traffic law regulations enacted by ordinance pursuant to | 2 |
| this
Section, and a
schedule of penalties for late payment | 3 |
| of the fines, provided, however,
that the total amount of | 4 |
| the fine and penalty for any one violation shall
not exceed | 5 |
| $250, except as provided in subsection (c) of Section | 6 |
| 11-1301.3 of this Code.
| 7 |
| (11) Other provisions as are necessary and proper to | 8 |
| carry into
effect the powers granted and purposes stated in | 9 |
| this Section.
| 10 |
| (c) Any municipality establishing vehicular standing, | 11 |
| parking,
compliance, or automated traffic law
regulations | 12 |
| under this Section may also provide by ordinance for a
program | 13 |
| of vehicle immobilization for the purpose of facilitating
| 14 |
| enforcement of those regulations. The program of vehicle
| 15 |
| immobilization shall provide for immobilizing any eligible | 16 |
| vehicle upon the
public way by presence of a restraint in a | 17 |
| manner to prevent operation of
the vehicle. Any ordinance | 18 |
| establishing a program of vehicle
immobilization under this | 19 |
| Section shall provide:
| 20 |
| (1) Criteria for the designation of vehicles eligible | 21 |
| for
immobilization. A vehicle shall be eligible for | 22 |
| immobilization when the
registered owner of the vehicle has | 23 |
| accumulated the number of unpaid final
determinations of | 24 |
| parking, standing, compliance, or automated traffic law | 25 |
| violation liability as
determined by ordinance.
| 26 |
| (2) A notice of impending vehicle immobilization and a |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| right to a
hearing to challenge the validity of the notice | 2 |
| by disproving liability
for the unpaid final | 3 |
| determinations of parking, standing, compliance, or | 4 |
| automated traffic law
violation liability listed
on the | 5 |
| notice.
| 6 |
| (3) The right to a prompt hearing after a vehicle has | 7 |
| been immobilized
or subsequently towed without payment of | 8 |
| the outstanding fines and
penalties on parking, standing, | 9 |
| compliance, or automated traffic law violations for which | 10 |
| final
determinations have been
issued. An order issued | 11 |
| after the hearing is a final administrative
decision within | 12 |
| the meaning of Section 3-101 of the Code of Civil | 13 |
| Procedure.
| 14 |
| (4) A post immobilization and post-towing notice | 15 |
| advising the registered
owner of the vehicle of the right | 16 |
| to a hearing to challenge the validity
of the impoundment.
| 17 |
| (d) Judicial review of final determinations of parking, | 18 |
| standing,
compliance, or automated traffic law
violations and | 19 |
| final administrative decisions issued after hearings
regarding | 20 |
| vehicle immobilization and impoundment made
under this Section | 21 |
| shall be subject to the provisions of
the Administrative Review | 22 |
| Law.
| 23 |
| (e) Any fine, penalty, or part of any fine or any penalty | 24 |
| remaining
unpaid after the exhaustion of, or the failure to | 25 |
| exhaust, administrative
remedies created under this Section | 26 |
| and the conclusion of any judicial
review procedures shall be a |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| debt due and owing the municipality and, as
such, may be | 2 |
| collected in accordance with applicable law. Payment in full
of | 3 |
| any fine or penalty resulting from a standing, parking,
| 4 |
| compliance, or automated traffic law violation shall
| 5 |
| constitute a final disposition of that violation.
| 6 |
| (f) After the expiration of the period within which | 7 |
| judicial review may
be sought for a final determination of | 8 |
| parking, standing, compliance, or automated traffic law
| 9 |
| violation, the municipality
may commence a proceeding in the | 10 |
| Circuit Court for purposes of obtaining a
judgment on the final | 11 |
| determination of violation. Nothing in this
Section shall | 12 |
| prevent a municipality from consolidating multiple final
| 13 |
| determinations of parking, standing, compliance, or automated | 14 |
| traffic law violations against a
person in a proceeding.
Upon | 15 |
| commencement of the action, the municipality shall file a | 16 |
| certified
copy or record of the final determination of parking, | 17 |
| standing, compliance, or automated traffic law
violation, | 18 |
| which shall be
accompanied by a certification that recites | 19 |
| facts sufficient to show that
the final determination of | 20 |
| violation was
issued in accordance with this Section and the | 21 |
| applicable municipal
ordinance. Service of the summons and a | 22 |
| copy of the petition may be by
any method provided by Section | 23 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 24 |
| return receipt requested, provided that the total amount of
| 25 |
| fines and penalties for final determinations of parking, | 26 |
| standing,
compliance, or automated traffic law violations does |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| not
exceed $2500. If the court is satisfied that the final | 2 |
| determination of
parking, standing, compliance, or automated | 3 |
| traffic law violation was entered in accordance with
the | 4 |
| requirements of
this Section and the applicable municipal | 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 and against
| 9 |
| the registered owner or the lessee for the amount indicated in | 10 |
| the final
determination of parking, standing, compliance, or | 11 |
| automated traffic law violation, plus costs.
The judgment shall | 12 |
| have
the same effect and may be enforced in the same manner as | 13 |
| other judgments
for the recovery of money.
| 14 |
| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | 15 |
| 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| 16 |
| (625 ILCS 5/11-1201.1)
| 17 |
| Sec. 11-1201.1. Automated Railroad Crossing Enforcement | 18 |
| System Pilot Project .
| 19 |
| (a) For the purposes of this Section, an automated railroad | 20 |
| grade crossing
enforcement system is a system in a municipality | 21 |
| or county operated by a governmental agency that produces a | 22 |
| recorded image of a motor vehicle's violation of a provision of | 23 |
| this Code or local ordinance and is designed to obtain a clear | 24 |
| recorded image of the vehicle and vehicle's license plate. The | 25 |
| recorded image must also display the time, date, and location |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| of the violation. | 2 |
| As used in this Section, "recorded images" means images | 3 |
| recorded by an automated railroad grade crossing enforcement | 4 |
| 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 number of the motor | 11 |
| vehicle.
operated by a law enforcement agency that
records | 12 |
| a driver's response to automatic, electrical or mechanical | 13 |
| signal
devices and crossing gates. The system shall be | 14 |
| designed to obtain a clear
photograph or other recorded | 15 |
| image of the vehicle, vehicle operator and the
vehicle | 16 |
| registration plate of a vehicle in violation of Section | 17 |
| 11-1201. The
photograph or other recorded image shall also | 18 |
| display the time, date and
location of the violation.
| 19 |
| (b) The Illinois
Commerce Commission may, in cooperation | 20 |
| with a
local law enforcement agency, establish in any county or | 21 |
| municipality an automated
railroad grade crossing enforcement | 22 |
| system at any railroad grade crossing designated by local | 23 |
| authorities. Local authorities desiring the establishment of | 24 |
| an automated railroad crossing enforcement system must | 25 |
| initiate the process by enacting a local ordinance requesting | 26 |
| the creation of such a system. After the ordinance has been |
|
|
|
HB3733 |
- 25 - |
LRB096 09364 AJT 19521 b |
|
| 1 |
| enacted, and before any additional steps toward the | 2 |
| establishment of the system are undertaken, the local | 3 |
| authorities and the Commission must agree to a plan for | 4 |
| obtaining, from any combination of federal, State, and local | 5 |
| funding sources, the moneys required for the purchase and | 6 |
| installation of any necessary equipment.
Commencing on January | 7 |
| 1, 1996, the Illinois Commerce Commission and
the Commuter Rail | 8 |
| Board of the Regional Transportation Authority shall, in
| 9 |
| cooperation with local law enforcement agencies, establish a 5 | 10 |
| year pilot
program within a county with a population of between | 11 |
| 750,000 and
1,000,000 using an automated railroad grade | 12 |
| crossing enforcement system. The
Commission shall determine | 13 |
| the 3 railroad grade crossings within that county
that pose the | 14 |
| greatest threat to human life based upon the number of | 15 |
| accidents
and fatalities at the crossings during the past 5 | 16 |
| years and with approval of
the local law enforcement agency | 17 |
| equip the crossings with an automated railroad
grade crossing | 18 |
| enforcement system.
| 19 |
| (b-1) (Blank.)
Commencing on July 20, 2001 (the effective | 20 |
| date of Public Act
92-98), the Illinois
Commerce Commission and | 21 |
| the Commuter Rail Board may, in cooperation with the
local law | 22 |
| enforcement agency, establish in a county with a population of
| 23 |
| between 750,000 and 1,000,000 a 2 year pilot program using an | 24 |
| automated
railroad grade crossing enforcement system. This | 25 |
| pilot program may be
established at a railroad grade crossing | 26 |
| designated by local authorities.
No State moneys may be |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| expended on the automated railroad grade crossing
enforcement | 2 |
| system established under this pilot program.
| 3 |
| (c) For each violation of Section 11-1201 of this Code or a | 4 |
| local ordinance recorded by an automated railroad grade | 5 |
| crossing enforcement system, the county or municipality having | 6 |
| jurisdiction shall issue a written notice of the violation to | 7 |
| the registered owner of the vehicle as the alleged violator. | 8 |
| The notice shall be delivered to the registered owner of the | 9 |
| vehicle, by mail, no later than 90 days after the violation. | 10 |
| The notice shall include: | 11 |
| (1) the name and address of the registered owner of the | 12 |
| vehicle; | 13 |
| (2) the registration number of the motor vehicle | 14 |
| involved in the violation; | 15 |
| (3) the violation charged; | 16 |
| (4) the location where the violation occurred; | 17 |
| (5) the date and time of the violation; | 18 |
| (6) a copy of the recorded images; | 19 |
| (7) the amount of the civil penalty imposed and the | 20 |
| date by which the civil penalty should be paid; | 21 |
| (8) a statement that recorded images are evidence of a | 22 |
| violation of a railroad grade crossing; | 23 |
| (9) a warning that failure to pay the civil penalty or | 24 |
| to contest liability in a timely manner is an admission of | 25 |
| liability and may result in a suspension of the driving | 26 |
| privileges of the registered owner of the vehicle; and |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| (10) a statement that the person may elect to proceed | 2 |
| by: | 3 |
| (A) paying the fine; or | 4 |
| (B) challenging the charge in court, by mail, or by | 5 |
| administrative hearing.
For each violation of Section | 6 |
| 11-1201 recorded by an automatic
railroad grade | 7 |
| crossing system, the local law enforcement agency | 8 |
| having
jurisdiction shall issue a written Uniform | 9 |
| Traffic Citation of the violation
to the registered | 10 |
| owner of the vehicle as the alleged violator. The | 11 |
| Uniform
Traffic Citation shall be delivered to the | 12 |
| registered owner of the vehicle,
by mail, within 30 | 13 |
| days of the violation. The Uniform Traffic Citation | 14 |
| shall
include the name and address of vehicle owner, | 15 |
| the vehicle registration number,
the offense charged, | 16 |
| the time, date, and location of the violation, the | 17 |
| first
available court date and that the basis of the | 18 |
| citation is the photograph or
other recorded image from | 19 |
| the automated railroad grade crossing enforcement
| 20 |
| system.
| 21 |
| (d) If a person charged with a traffic violation, as a | 22 |
| result of an automated railroad grade crossing enforcement | 23 |
| system, does not pay or successfully contest the civil penalty | 24 |
| resulting from that violation, the Secretary of State shall | 25 |
| suspend the driving privileges of the registered owner of the | 26 |
| vehicle under Section 6-306.5 of this Code for failing to pay |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| any fine or penalty due and owing as a result of 5 violations | 2 |
| of the automated railroad grade crossing enforcement system.
| 3 |
| The Uniform Traffic Citation issued to the registered owner of | 4 |
| the
vehicle shall be accompanied by a written notice, the | 5 |
| contents of which is set
forth in subsection (d-1) of this | 6 |
| Section, explaining how the registered owner
of the vehicle can | 7 |
| elect to proceed by either paying the fine or challenging
the | 8 |
| issuance of the Uniform Traffic Citation.
| 9 |
| (d-1) (Blank.)
The written notice explaining the alleged | 10 |
| violator's rights and
obligations must include the following | 11 |
| text:
| 12 |
| "You have been served with the accompanying Uniform Traffic
| 13 |
| Citation and cited with having violated Section 11-1201 of the
| 14 |
| Illinois Vehicle Code. You
can elect to proceed by:
| 15 |
| 1. Paying the fine; or
| 16 |
| 2. Challenging the issuance of the Uniform Traffic
| 17 |
| Citation in court; or
| 18 |
| 3. If you were not the operator of the vehicle at the | 19 |
| time of the alleged
offense, notifying in writing the local
| 20 |
| law enforcement agency that issued the
Uniform Traffic | 21 |
| Citation of the number of the Uniform Traffic Citation | 22 |
| received
and the name and address of the person operating | 23 |
| the vehicle at the time of the
alleged offense. If you fail | 24 |
| to so notify in writing the local law enforcement
agency of | 25 |
| the name and address of the operator of the vehicle at the | 26 |
| time of
the alleged offense, you may be presumed to have |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| been the operator of the
vehicle at the time of the alleged | 2 |
| offense."
| 3 |
| (d-2) (Blank.)
If the registered owner of the vehicle was | 4 |
| not the operator of the
vehicle at the time of the alleged | 5 |
| offense, and if the registered owner
notifies the local law | 6 |
| enforcement agency having jurisdiction of the name and
address | 7 |
| of the operator of the vehicle at the time of the alleged | 8 |
| offense, the
local law enforcement agency having jurisdiction | 9 |
| shall then issue a written
Uniform Traffic Citation to the | 10 |
| person alleged by the registered owner to have
been the | 11 |
| operator of the vehicle at the time of the alleged offense. If | 12 |
| the
registered owner fails to notify in writing the local law | 13 |
| enforcement agency
having jurisdiction of the name and address | 14 |
| of the operator of the vehicle at
the time of the alleged | 15 |
| offense, the registered owner may be presumed to have
been the | 16 |
| operator of the vehicle at the time of the alleged offense.
| 17 |
| (e) Based on inspection of recorded images produced by an | 18 |
| automated railroad grade crossing enforcement system, a notice | 19 |
| alleging that the violation occurred shall be evidence of the | 20 |
| facts contained in the notice and admissible in any proceeding | 21 |
| alleging a violation under this Section.
Evidence.
| 22 |
| (i) A certificate alleging that a violation of Section | 23 |
| 11-1201
occurred, sworn to or affirmed by a duly authorized | 24 |
| agency, based on inspection
of recorded images produced by | 25 |
| an automated railroad crossing enforcement
system are | 26 |
| evidence of the facts contained in the certificate and are
|
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| admissible in any proceeding alleging a violation under | 2 |
| this Section.
| 3 |
| (ii) Photographs or recorded images made by an | 4 |
| automatic railroad
grade crossing enforcement system are | 5 |
| confidential and shall be made
available only to the | 6 |
| alleged violator and governmental and law
enforcement | 7 |
| agencies for purposes of adjudicating a violation of | 8 |
| Section
11-1201 of the Illinois Vehicle Code. The | 9 |
| photographs may also be made available to governmental | 10 |
| agencies for the purpose of a safety analysis of the | 11 |
| crossing where the automatic railroad grade crossing | 12 |
| enforcement system is installed. However, any photograph | 13 |
| or other
recorded image evidencing a violation of Section | 14 |
| 11-1201 shall be
admissible in any proceeding resulting | 15 |
| from the issuance of
the Uniform Traffic Citation when | 16 |
| there is reasonable and sufficient proof of
the accuracy of | 17 |
| the camera or electronic instrument recording the image.
| 18 |
| There is a rebuttable presumption that the photograph or | 19 |
| recorded image is
accurate if the camera or electronic | 20 |
| recording instrument
was in good working order at the | 21 |
| beginning and the end of the day of the
alleged offense.
| 22 |
| (e-1) Recorded images made by an automated railroad grade | 23 |
| crossing enforcement system are confidential and shall be made | 24 |
| available only to the alleged violator and governmental and law | 25 |
| enforcement agencies for purposes of adjudicating a violation | 26 |
| of this Section, for statistical purposes, or for other |
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| governmental purposes. Any recorded image evidencing a | 2 |
| violation of this Section, however, may be admissible in any | 3 |
| proceeding resulting from the issuance of the citation.
| 4 |
| (e-2) The court or hearing officer may consider the | 5 |
| following in the defense of a violation:
| 6 |
| (1) that the motor vehicle or registration plates of | 7 |
| the motor vehicle were stolen before the violation occurred | 8 |
| and not under the control of or in the possession of the | 9 |
| owner at the time of the violation;
| 10 |
| (2) that the driver of the motor vehicle received a | 11 |
| Uniform Traffic Citation from a police officer at the time | 12 |
| of the violation for the same offense; | 13 |
| (3) any other evidence or issues provided by municipal | 14 |
| or county ordinance. | 15 |
| (e-3) To demonstrate that the motor vehicle or the | 16 |
| registration plates were stolen before the violation occurred | 17 |
| and were not under the control or possession of the owner at | 18 |
| the time of the violation, the owner must submit proof that a | 19 |
| report concerning the stolen motor vehicle or registration | 20 |
| plates was filed with a law enforcement agency in a timely | 21 |
| manner.
| 22 |
| (f) Rail crossings equipped with an automatic railroad | 23 |
| grade crossing
enforcement system shall be posted with a sign | 24 |
| visible to approaching traffic
stating that the railroad grade | 25 |
| crossing is being monitored, that citations
will be issued, and | 26 |
| the amount of the fine for violation.
|
|
|
|
HB3733 |
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LRB096 09364 AJT 19521 b |
|
| 1 |
| (g) The compensation paid for an automated railroad grade | 2 |
| crossing enforcement system must be based on the value of the | 3 |
| equipment or the services provided and may not be based on the | 4 |
| number of citations issued or the revenue generated by the | 5 |
| system.
Except as provided in subsection (b-1), the cost of the | 6 |
| installation
and maintenance of each automatic railroad grade | 7 |
| crossing enforcement system
shall be paid from the Grade | 8 |
| Crossing Protection Fund if the rail line is not
owned by | 9 |
| Commuter Rail Board of the Regional Transportation Authority. | 10 |
| Except
as provided in subsection (b-1), if the rail line is | 11 |
| owned by the Commuter Rail
Board of the Regional Transportation | 12 |
| Authority, the costs of the installation
and maintenance shall | 13 |
| be paid from the Regional Transportation Authority's
portion of | 14 |
| the Public Transportation Fund.
| 15 |
| (h) (Blank.)
The Illinois Commerce Commission shall issue a | 16 |
| report to the General
Assembly at the conclusion of the 5 year | 17 |
| pilot program established under
subsection (b) on the | 18 |
| effectiveness of the automatic railroad grade crossing
| 19 |
| enforcement system.
| 20 |
| (i) If any part or parts of this Section are held by a | 21 |
| court of competent
jurisdiction to be unconstitutional, the | 22 |
| unconstitutionality shall not affect
the validity of the | 23 |
| remaining parts of this Section. The General Assembly
hereby | 24 |
| declares that it would have passed the remaining parts of this | 25 |
| Section
if it had known that the other part or parts of this | 26 |
| Section would be declared
unconstitutional.
|
|
|
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LRB096 09364 AJT 19521 b |
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| 1 |
| (j) Penalty. (i) A violation of this Section is a petty | 2 |
| offense for which a civil fine of
$250 shall be imposed for a | 3 |
| first violation of this Section , and a civil fine of $500 shall | 4 |
| be
imposed for a second or subsequent violation of this | 5 |
| Section . The court may impose 25 hours
of community service in | 6 |
| place of the $250 fine for the first violation.
| 7 |
|
(ii) For a second or subsequent violation, the | 8 |
| Secretary of State may
suspend the registration of the | 9 |
| motor vehicle for a period of at least 6
months.
| 10 |
| (Source: P.A. 94-771, eff. 1-1-07.)
| 11 |
| (625 ILCS 5/11-1201.5 rep.)
| 12 |
| Section 10. The Illinois Vehicle Code is amended by | 13 |
| repealing Section 11-1201.5. |
|
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LRB096 09364 AJT 19521 b |
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| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 625 ILCS 5/1-105.2 |
|
| 4 |
| 625 ILCS 5/6-306.5 |
from Ch. 95 1/2, par. 6-306.5 |
| 5 |
| 625 ILCS 5/11-208 | from Ch. 95 1/2, par. 11-208 |
| 6 |
| 625 ILCS 5/11-208.3 |
from Ch. 95 1/2, par. 11-208.3 |
| 7 |
| 625 ILCS 5/11-1201.1 |
|
| 8 |
| 625 ILCS 5/11-1201.5 rep. |
|
| |
|