Full Text of HB5372 098th General Assembly
HB5372 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5372 Introduced , by Rep. Luis Arroyo SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/11-208.8 | | 625 ILCS 7/25 | |
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Amends the Illinois Vehicle Code and the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Provides that automated speed enforcement systems may not be located within 3 miles of each other except in areas that are within one-eighth of a mile from the nearest property line of any public or private elementary or secondary school, or from the nearest property line of any facility, area, or land owned by a school district that is used for educational purposes approved by the Illinois State Board of Education, not including school district headquarters or administrative buildings.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 11-208.8 as follows: | 6 | | (625 ILCS 5/11-208.8) | 7 | | Sec. 11-208.8. Automated speed enforcement systems in | 8 | | safety zones. | 9 | | (a) As used in this Section: | 10 | | "Automated speed enforcement
system" means a photographic | 11 | | device, radar device, laser device, or other electrical or | 12 | | mechanical device or devices installed or utilized in a safety | 13 | | zone and designed to record the speed of a vehicle and obtain a | 14 | | clear photograph or other recorded image of the vehicle and the | 15 | | vehicle's registration plate while the driver is violating | 16 | | Article VI of Chapter 11 of this Code or a similar provision of | 17 | | a local ordinance. | 18 | | An automated speed enforcement system is a system, located | 19 | | in a safety zone which is under the jurisdiction of a | 20 | | municipality, that produces a recorded image of a motor | 21 | | vehicle's violation of a provision of this Code or a local | 22 | | ordinance and is designed to obtain a clear recorded image of | 23 | | the vehicle and the vehicle's license plate. The recorded image |
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| 1 | | must also display the time, date, and location of the | 2 | | violation. | 3 | | "Owner" means the person or entity to whom the vehicle is | 4 | | registered. | 5 | | "Recorded image" means images
recorded by an automated | 6 | | speed enforcement system on: | 7 | | (1) 2 or more photographs; | 8 | | (2) 2 or more microphotographs; | 9 | | (3) 2 or more electronic images; or | 10 | | (4) a video recording showing the motor vehicle and, on | 11 | | at
least one image or portion of the recording, clearly | 12 | | identifying the
registration plate number of the motor | 13 | | vehicle. | 14 | | "Safety zone" means an area that is within one-eighth of a | 15 | | mile from the nearest property line of any public or private | 16 | | elementary or secondary school, or from the nearest property | 17 | | line of any facility, area, or land owned by a school district | 18 | | that is used for educational purposes approved by the Illinois | 19 | | State Board of Education, not including school district | 20 | | headquarters or administrative buildings. A safety zone also | 21 | | includes an area that is within one-eighth of a mile from the | 22 | | nearest property line of any facility, area, or land owned by a | 23 | | park district used for recreational purposes. However, if any | 24 | | portion of a roadway is within either one-eighth mile radius, | 25 | | the safety zone also shall include the roadway extended to the | 26 | | furthest portion of the next furthest intersection. The term |
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| 1 | | "safety zone" does not include any portion of the roadway known | 2 | | as Lake Shore Drive or any controlled access highway with 8 or | 3 | | more lanes of traffic. | 4 | | (a-5) The automated speed enforcement system shall be | 5 | | operational and violations shall be recorded only at the | 6 | | following times: | 7 | | (i) if the safety zone is based upon the property line | 8 | | of any facility, area, or land owned by a school district, | 9 | | only on school days and no earlier than 6 a.m. and no later | 10 | | than 8:30 p.m. if the school day is during the period of | 11 | | Monday through Thursday, or 9 p.m. if the school day is a | 12 | | Friday; and | 13 | | (ii) if the safety zone is based upon the property line | 14 | | of any facility, area, or land owned by a park district, no | 15 | | earlier than one hour prior to the time that the facility, | 16 | | area, or land is open to the public or other patrons, and | 17 | | no later than one hour after the facility, area, or land is | 18 | | closed to the public or other patrons. | 19 | | (b) A municipality that
produces a recorded image of a | 20 | | motor vehicle's
violation of a provision of this Code or a | 21 | | local ordinance must make the recorded images of a violation | 22 | | accessible to the alleged violator by providing the alleged | 23 | | violator with a website address, accessible through the | 24 | | Internet. | 25 | | (c) Notwithstanding any penalties for any other violations | 26 | | of this Code, the owner of a motor vehicle used in a traffic |
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| 1 | | violation recorded by an automated speed enforcement system | 2 | | shall be subject to the following penalties: | 3 | | (1) if the recorded speed is no less than 6 miles per | 4 | | hour and no more than 10 miles per hour over the legal | 5 | | speed limit, a civil penalty not exceeding $50, plus an | 6 | | additional penalty of not more than $50 for failure to pay | 7 | | the original penalty in a timely manner; or | 8 | | (2) if the recorded speed is more than 10 miles per | 9 | | hour over the legal speed limit, a civil penalty not | 10 | | exceeding $100, plus an additional penalty of not more than | 11 | | $100 for failure to pay the original penalty in a timely | 12 | | manner. | 13 | | A penalty may not be imposed under this Section if the | 14 | | driver of the motor vehicle received a Uniform Traffic Citation | 15 | | from a police officer for a speeding violation occurring within | 16 | | one-eighth of a mile and 15 minutes of the violation that was | 17 | | recorded by the system. A violation for which a civil penalty | 18 | | is imposed
under this Section is not a violation of a traffic | 19 | | regulation governing
the movement of vehicles and may not be | 20 | | recorded on the driving record
of the owner of the vehicle. A | 21 | | law enforcement officer is not required to be present or to | 22 | | witness the violation. No penalty may be imposed under this | 23 | | Section if the recorded speed of a vehicle is 5 miles per hour | 24 | | or less over the legal speed limit. The municipality may send, | 25 | | in the same manner that notices are sent under this Section, a | 26 | | speed violation warning notice where the violation involves a |
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| 1 | | speed of 5 miles per hour or less above the legal speed limit. | 2 | | (d) The net proceeds that a municipality receives from | 3 | | civil penalties imposed under an automated speed enforcement | 4 | | system, after deducting all non-personnel and personnel costs | 5 | | associated with the operation and maintenance of such system, | 6 | | shall be expended or obligated by the municipality for the | 7 | | following purposes: | 8 | | (i) public safety initiatives to ensure safe passage | 9 | | around schools, and to provide police protection and | 10 | | surveillance around schools and parks, including but not | 11 | | limited to:
(1) personnel costs; and
(2) non-personnel | 12 | | costs such as construction and maintenance of public safety | 13 | | infrastructure and equipment; | 14 | | (ii) initiatives to improve pedestrian and traffic | 15 | | safety; | 16 | | (iii) construction and maintenance of infrastructure | 17 | | within the municipality, including but not limited to roads | 18 | | and bridges; and | 19 | | (iv) after school programs. | 20 | | (e) For each violation of a provision of this Code or a | 21 | | local ordinance
recorded by an automated speed enforcement | 22 | | system, the municipality having
jurisdiction shall issue a | 23 | | written notice of the
violation to the registered owner of the | 24 | | vehicle as the alleged
violator. The notice shall be delivered | 25 | | to the registered
owner of the vehicle, by mail, within 30 days | 26 | | after the Secretary of State notifies the municipality of the |
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| 1 | | identity of the owner of the vehicle, but in no event later | 2 | | than 90 days after the violation. | 3 | | (f) The notice required under subsection (e) of this | 4 | | Section shall include: | 5 | | (1) the name and address of the registered owner of the
| 6 | | vehicle; | 7 | | (2) the registration number of the motor vehicle
| 8 | | involved in the violation; | 9 | | (3) the violation charged; | 10 | | (4) the date, time, and location where the violation | 11 | | occurred; | 12 | | (5) a copy of the recorded image or images; | 13 | | (6) the amount of the civil penalty imposed and the | 14 | | date
by which the civil penalty should be paid; | 15 | | (7) a statement that recorded images are evidence of a
| 16 | | violation of a speed restriction; | 17 | | (8) a warning that failure to pay the civil penalty or | 18 | | to
contest liability in a timely manner is an admission of
| 19 | | liability and may result in a suspension of the driving
| 20 | | privileges of the registered owner of the vehicle; | 21 | | (9) a statement that the person may elect to proceed | 22 | | by: | 23 | | (A) paying the fine; or | 24 | | (B) challenging the charge in court, by mail, or by | 25 | | administrative hearing; and | 26 | | (10) a website address, accessible through the
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| 1 | | Internet, where the person may view the recorded images of | 2 | | the violation. | 3 | | (g) If a person
charged with a traffic violation, as a | 4 | | result of an automated speed enforcement system, does not pay | 5 | | the fine or successfully contest the civil
penalty resulting | 6 | | from that violation, the Secretary of State shall suspend the
| 7 | | driving privileges of the
registered owner of the vehicle under | 8 | | Section 6-306.5 of this Code for failing
to pay any fine or | 9 | | penalty
due and owing, or both, as a result of a combination of | 10 | | 5 violations of the automated speed enforcement system or the | 11 | | automated traffic law under Section 11-208.6 of this Code. | 12 | | (h) Based on inspection of recorded images produced by an
| 13 | | automated speed enforcement system, a notice alleging that the | 14 | | violation occurred shall be evidence of the facts contained
in | 15 | | the notice and admissible in any proceeding alleging a
| 16 | | violation under this Section. | 17 | | (i) Recorded images made by an automated speed
enforcement | 18 | | system are confidential and shall be made
available only to the | 19 | | alleged violator and governmental and
law enforcement agencies | 20 | | for purposes of adjudicating a
violation of this Section, for | 21 | | statistical purposes, or for other governmental purposes. Any | 22 | | recorded image evidencing a
violation of this Section, however, | 23 | | may be admissible in
any proceeding resulting from the issuance | 24 | | of the citation. | 25 | | (j) The court or hearing officer may consider in defense of | 26 | | a violation: |
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| 1 | | (1) that the motor vehicle or registration plates of | 2 | | the motor
vehicle were stolen before the violation occurred | 3 | | and not
under the control or in the possession of the owner | 4 | | at
the time of the violation; | 5 | | (2) that the driver of the motor vehicle received a | 6 | | Uniform Traffic Citation from a police officer for a | 7 | | speeding violation occurring within one-eighth of a mile | 8 | | and 15 minutes of the violation that was recorded by the | 9 | | system; and | 10 | | (3) any other evidence or issues provided by municipal | 11 | | ordinance. | 12 | | (k) To demonstrate that the motor vehicle or the | 13 | | registration
plates were stolen before the violation occurred | 14 | | and were not under the
control or possession of the owner at | 15 | | the time of the violation, the
owner must submit proof that a | 16 | | report concerning the stolen
motor vehicle or registration | 17 | | plates was filed with a law enforcement agency in a timely | 18 | | manner. | 19 | | (l) A roadway equipped with an automated speed enforcement | 20 | | system shall be posted with a sign conforming to the national | 21 | | Manual on Uniform Traffic Control Devices that is visible to | 22 | | approaching traffic stating that vehicle speeds are being | 23 | | photo-enforced and indicating the speed limit. The | 24 | | municipality shall install such additional signage as it | 25 | | determines is necessary to give reasonable notice to drivers as | 26 | | to where automated speed enforcement systems are installed. |
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| 1 | | (m) A roadway where a new automated speed enforcement | 2 | | system is installed shall be posted with signs providing 30 | 3 | | days notice of the use of a new automated speed enforcement | 4 | | system prior to the issuance of any citations through the | 5 | | automated speed enforcement system. | 6 | | (n) The compensation paid for an automated speed | 7 | | enforcement system
must be based on the value of the equipment | 8 | | or the services provided and may
not be based on the number of | 9 | | traffic citations issued or the revenue generated
by the | 10 | | system. | 11 | | (o) A municipality shall make a certified report to the | 12 | | Secretary of State pursuant to Section 6-306.5 of this Code | 13 | | whenever a registered owner of a vehicle has failed to pay any
| 14 | | fine or penalty due and owing as a result of a combination of 5 | 15 | | offenses for automated speed or traffic law enforcement system | 16 | | violations. | 17 | | (p) No person who is the lessor of a motor vehicle pursuant | 18 | | to a written lease agreement shall be liable for an automated | 19 | | speed or traffic law enforcement system violation involving | 20 | | such motor vehicle during the period of the lease; provided | 21 | | that upon the request of the appropriate authority received | 22 | | within 120 days after the violation occurred, the lessor | 23 | | provides within 60 days after such receipt the name and address | 24 | | of the lessee. The drivers license number of a lessee may be | 25 | | subsequently individually requested by the appropriate | 26 | | authority if needed for enforcement of this Section. |
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| 1 | | Upon the provision of information by the lessor pursuant to | 2 | | this subsection, the municipality may issue the violation to | 3 | | the lessee of the vehicle in the same manner as it would issue | 4 | | a violation to a registered owner of a vehicle pursuant to this | 5 | | Section, and the lessee may be held liable for the violation. | 6 | | (q) A municipality using an automated speed enforcement | 7 | | system must provide notice to drivers by publishing the | 8 | | locations of all safety zones where system equipment is | 9 | | installed on the website of the municipality. | 10 | | (r) A municipality operating an automated speed | 11 | | enforcement system shall conduct a statistical analysis to | 12 | | assess the safety impact of the system. The statistical | 13 | | analysis shall be based upon the best available crash, traffic, | 14 | | and other data, and shall cover a period of time before and | 15 | | after installation of the system sufficient to provide a | 16 | | statistically valid comparison of safety impact. The | 17 | | statistical analysis shall be consistent with professional | 18 | | judgment and acceptable industry practice. The statistical | 19 | | analysis also shall be consistent with the data required for | 20 | | valid comparisons of before and after conditions and shall be | 21 | | conducted within a reasonable period following the | 22 | | installation of the automated traffic law enforcement system. | 23 | | The statistical analysis required by this subsection shall be | 24 | | made available to the public and shall be published on the | 25 | | website of the municipality. | 26 | | (s) This Section applies only to municipalities with a |
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| 1 | | population of 1,000,000 or more inhabitants.
| 2 | | (t) No automated speed enforcement system may be located | 3 | | within 3 miles of another automated speed enforcement system. | 4 | | This subsection does not apply to a safety zone that is within | 5 | | one-eighth of a mile from the nearest property line of any | 6 | | public or private elementary or secondary school, or from the | 7 | | nearest property line of any facility, area, or land owned by a | 8 | | school district that is used for educational purposes approved | 9 | | by the Illinois State Board of Education, not including school | 10 | | district headquarters or administrative buildings. | 11 | | (Source: P.A. 97-672, eff. 7-1-12; 97-674, eff. 7-1-12; 98-463, | 12 | | eff. 8-16-13.) | 13 | | Section 10. The Automated Traffic Control Systems in | 14 | | Highway Construction or Maintenance Zones Act is amended by | 15 | | changing Section 25 as follows: | 16 | | (625 ILCS 7/25)
| 17 | | Sec. 25. Limitations on the use of automated traffic | 18 | | enforcement systems. | 19 | | (a) The Department of State Police must conduct a public | 20 | | information campaign to inform drivers about the use of | 21 | | automated traffic
control systems in highway construction or | 22 | | maintenance zones before establishing any of those systems. The | 23 | | Department of State Police shall adopt rules for implementing | 24 | | this subsection (a). |
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| 1 | | (b) Signs indicating that speeds are enforced by automated | 2 | | traffic control systems must be clearly posted in the areas | 3 | | where the systems are in use. | 4 | | (c) Operation of automated traffic control systems is | 5 | | limited to areas where road construction or maintenance is | 6 | | occurring. | 7 | | (d) Photographs obtained in this manner may only be used as | 8 | | evidence in relation to a violation of Section 11-605.1 of the | 9 | | Illinois Vehicle Code for which the photograph is taken. The | 10 | | photographs are available only to the owner of the vehicle, the | 11 | | offender and the offender's attorney, the judiciary, the local | 12 | | State's Attorney, and law enforcement officials. | 13 | | (e) If the driver of the vehicle cannot be identified | 14 | | through the photograph, the owner is not liable for the fine, | 15 | | and the citation may not be counted against the driving record | 16 | | of the owner. If the driver can be identified, the driver is | 17 | | liable for the fine, and the violation is counted against his | 18 | | or her driving record.
| 19 | | (f) No automated traffic control system may be located | 20 | | within 3 miles of another automated traffic control system. | 21 | | (Source: P.A. 93-947, eff. 8-19-04.)
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