Illinois General Assembly - Full Text of Public Act 095-1009
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Public Act 095-1009


 

Public Act 1009 95TH GENERAL ASSEMBLY



 


 
Public Act 095-1009
 
SB0450 Enrolled LRB095 09964 HLH 30176 b

    AN ACT concerning law enforcement.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Police Act is amended by adding
Section 30 as follows:
 
    (20 ILCS 2610/30 new)
    Sec. 30. Patrol vehicles with in-car video recording
cameras.
    (a) Definitions. As used in this Section:
        "Audio recording" means the recorded conversation
    between an officer and a second party.
        "Emergency lights" means oscillating, rotating, or
    flashing lights on patrol vehicles.
        "In-car video camera" means a video camera located in a
    Department patrol vehicle.
        "In-car video camera recording equipment" means a
    video camera recording system located in a Department
    patrol vehicle consisting of a camera assembly, recording
    mechanism, and an in-car video recording medium.
        "Enforcement stop" means an action by an officer of the
    Department in relation to enforcement and investigation
    duties, including but not limited to, traffic stops,
    pedestrian stops, abandoned vehicle contacts, motorist
    assists, commercial motor vehicle stops, roadside safety
    checks, requests for identification, or responses to
    requests for emergency assistance.
        "Recording" means the process of capturing data or
    information stored on a recording medium as required under
    this Section.
        "Recording medium" means any recording medium
    authorized by the Department for the retention and playback
    of recorded audio and video including, but not limited to,
    VHS, DVD, hard drive, solid state, digital, or flash memory
    technology.
        "Wireless microphone" means a devise worn by the
    officer or any other equipment used to record conversations
    between the officer and a second party and transmitted to
    the recording equipment.
    (b) By June 1, 2009, the Department shall install in-car
video camera recording equipment in all patrol vehicles.
Subject to appropriation, all patrol vehicles shall be equipped
with in-car video camera recording equipment with a recording
medium capable of recording for a period of 10 hours or more by
June 1, 2011. In-car video camera recording equipment shall be
capable of making audio recordings with the assistance of a
wireless microphone.
    (c) As of the effective date of this amendatory Act of the
95th General Assembly, in-car video camera recording equipment
with a recording medium incapable of recording for a period of
10 hours or more shall record activities outside a patrol
vehicle whenever (i) an officer assigned a patrol vehicle is
conducting an enforcement stop; (ii) patrol vehicle emergency
lights are activated or would otherwise be activated if not for
the need to conceal the presence of law enforcement; or (iii)
an officer reasonably believes recording may assist with
prosecution, enhance safety, or for any other lawful purpose.
As of the effective date of this amendatory Act of the 95th
General Assembly, in-car video camera recording equipment with
a recording medium incapable of recording for a period of 10
hours or more shall record activities inside the vehicle when
transporting an arrestee or when an officer reasonably believes
recording may assist with prosecution, enhance safety, or for
any other lawful purpose.
        (1) Recording for an enforcement stop shall begin when
    the officer determines an enforcement stop is necessary and
    shall continue until the enforcement action has been
    completed and the subject of the enforcement stop or the
    officer has left the scene.
        (2) Recording shall begin when patrol vehicle
    emergency lights are activated or when they would otherwise
    be activated if not for the need to conceal the presence of
    law enforcement, and shall continue until the reason for
    the activation ceases to exist, regardless of whether the
    emergency lights are no longer activated.
        (3) An officer may begin recording if the officer
    reasonably believes recording may assist with prosecution,
    enhance safety, or for any other lawful purpose; and shall
    continue until the reason for recording ceases to exist.
    (d) In-car video camera recording equipment with a
recording medium capable of recording for a period of 10 hours
or more shall record activities whenever a patrol vehicle is
assigned to patrol duty.
    (e) Any enforcement stop resulting from a suspected
violation of the Illinois Vehicle Code shall be video and audio
recorded. Audio recording shall terminate upon release of the
violator and prior to initiating a separate criminal
investigation.
    (f) Recordings made on in-car video camera recording medium
shall be retained by the Department for a storage period of at
least 90 days. Under no circumstances shall any recording made
on in-car video camera recording medium be altered or erased
prior to the expiration of the designated storage period. Upon
completion of the storage period, the recording medium may be
erased and reissued for operational use unless otherwise
ordered by the District Commander or his or her designee or by
a court, or if designated for evidentiary or training purposes.
    (g) Audio or video recordings made pursuant to this Section
shall be available under the applicable provisions of the
Freedom of Information Act. Only recorded portions of the audio
recording or video recording medium applicable to the request
will be available for inspection or copying.
    (h) The Department shall ensure proper care and maintenance
of in-car video camera recording equipment and recording
medium. An officer operating a patrol vehicle must immediately
document and notify the District Commander or his or her
designee of any technical difficulties, failures, or problems
with the in-car video camera recording equipment or recording
medium. Upon receiving notice, the District Commander or his or
her designee shall make every reasonable effort to correct and
repair any of the in-car video camera recording equipment or
recording medium and determine if it is in the public interest
to permit the use of the patrol vehicle.
    (i) The Department may promulgate rules to implement this
amendatory Act of the 95th General Assembly only to the extent
necessary to apply the existing rules or applicable internal
directives.
 
    Section 10. The Illinois Vehicle Code is amended by
changing Sections 3-806 and 3-815 as follows:
 
    (625 ILCS 5/3-806)  (from Ch. 95 1/2, par. 3-806)
    Sec. 3-806. Registration Fees; Motor Vehicles of the First
Division. Every owner of any other motor vehicle of the first
division, except as provided in Sections 3-804, 3-805, 3-806.3,
and 3-808, and every second division vehicle weighing 8,000
pounds or less, shall pay the Secretary of State an annual
registration fee at the following rates:
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 1986 registration year
Reduced Fee
AnnualOn and After
FeeJune 15
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles$48$24
Reduced Fee
September 16
to March 31
Motorcycles, Motor Driven
Cycles and Pedalcycles 3015
SCHEDULE OF REGISTRATION FEES
REQUIRED BY LAW
Beginning with the 2001 registration year
Reduced Fee
AnnualOn and After
FeeJune 15
Motor vehicles of the first
division other than
Motorcycles, Motor Driven
Cycles and Pedalcycles$78$39
Reduced Fee
September 16
to March 31
Motorcycles, Motor Driven
Cycles and Pedalcycles 3819
    Beginning with the 2010 registration year a $1 surcharge
shall be collected in addition to the above fees for motor
vehicles of the first division, motorcycles, motor driven
cycles, and pedalcycles to be deposited into the State Police
Vehicle Fund.
(Source: P.A. 91-37, eff. 7-1-99.)
 
    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
    Sec. 3-815. Flat weight tax; vehicles of the second
division.
    (a) Except as provided in Section 3-806.3, every owner of a
vehicle of the second division registered under Section 3-813,
and not registered under the mileage weight tax under Section
3-818, shall pay to the Secretary of State, for each
registration year, for the use of the public highways, a flat
weight tax at the rates set forth in the following table, the
rates including the $10 registration fee:
SCHEDULE OF FLAT WEIGHT TAX
REQUIRED BY LAW
Gross Weight in Lbs.Total Fees
Including Vehicle each Fiscal
and Maximum year
LoadClass
8,000 lbs. and lessB$78
8,001 lbs. to 12,000 lbs.D138
12,001 lbs. to 16,000 lbs.F242
16,001 lbs. to 26,000 lbs.H490
26,001 lbs. to 28,000 lbs.J630
28,001 lbs. to 32,000 lbs.K842
32,001 lbs. to 36,000 lbs.L982
36,001 lbs. to 40,000 lbs.N1,202
40,001 lbs. to 45,000 lbs.P1,390
45,001 lbs. to 50,000 lbs.Q1,538
50,001 lbs. to 54,999 lbs.R1,698
55,000 lbs. to 59,500 lbs.S1,830
59,501 lbs. to 64,000 lbs.T1,970
64,001 lbs. to 73,280 lbs.V2,294
73,281 lbs. to 77,000 lbs.X2,622
77,001 lbs. to 80,000 lbs.Z2,790
    Beginning with the 2010 registration year a $1 surcharge
shall be collected for vehicles registered in the 8,000 lbs.
and less flat weight plate category above to be deposited into
the State Police Vehicle Fund.
    (a-1) A Special Hauling Vehicle is a vehicle or combination
of vehicles of the second division registered under Section
3-813 transporting asphalt or concrete in the plastic state or
a vehicle or combination of vehicles that are subject to the
gross weight limitations in subsection (b) of Section 15-111
for which the owner of the vehicle or combination of vehicles
has elected to pay, in addition to the registration fee in
subsection (a), $125 to the Secretary of State for each
registration year. The Secretary shall designate this class of
vehicle as a Special Hauling Vehicle.
    (b) Except as provided in Section 3-806.3, every camping
trailer, motor home, mini motor home, travel trailer, truck
camper or van camper used primarily for recreational purposes,
and not used commercially, nor for hire, nor owned by a
commercial business, may be registered for each registration
year upon the filing of a proper application and the payment of
a registration fee and highway use tax, according to the
following table of fees:
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
8,000 lbs and less$78
8,001 Lbs. to 10,000 Lbs90
10,001 Lbs. and Over102
CAMPING TRAILER OR TRAVEL TRAILER
Gross Weight in Lbs.Total Fees
Including Vehicle andEach
Maximum LoadCalendar Year
3,000 Lbs. and Less$18
3,001 Lbs. to 8,000 Lbs.30
8,001 Lbs. to 10,000 Lbs.38
10,001 Lbs. and Over50
    Every house trailer must be registered under Section 3-819.
    (c) Farm Truck. Any truck used exclusively for the owner's
own agricultural, horticultural or livestock raising
operations and not-for-hire only, or any truck used only in the
transportation for-hire of seasonal, fresh, perishable fruit
or vegetables from farm to the point of first processing, may
be registered by the owner under this paragraph in lieu of
registration under paragraph (a), upon filing of a proper
application and the payment of the $10 registration fee and the
highway use tax herein specified as follows:
SCHEDULE OF FEES AND TAXES
Gross Weight in Lbs.Total Amount for
Including Truck andeach
Maximum LoadClassFiscal Year
16,000 lbs. or lessVF$150
16,001 to 20,000 lbs.VG226
20,001 to 24,000 lbs.VH290
24,001 to 28,000 lbs.VJ378
28,001 to 32,000 lbs.VK506
32,001 to 36,000 lbs.VL610
36,001 to 45,000 lbs.VP810
45,001 to 54,999 lbs.VR1,026
55,000 to 64,000 lbs.VT1,202
64,001 to 73,280 lbs.VV1,290
73,281 to 77,000 lbs.VX1,350
77,001 to 80,000 lbs.VZ1,490
    In the event the Secretary of State revokes a farm truck
registration as authorized by law, the owner shall pay the flat
weight tax due hereunder before operating such truck.
    Any combination of vehicles having 5 axles, with a distance
of 42 feet or less between extreme axles, that are subject to
the weight limitations in subsection (a) and (b) of Section
15-111 for which the owner of the combination of vehicles has
elected to pay, in addition to the registration fee in
subsection (c), $125 to the Secretary of State for each
registration year shall be designated by the Secretary as a
Special Hauling Vehicle.
    (d) The number of axles necessary to carry the maximum load
provided shall be determined from Chapter 15 of this Code.
    (e) An owner may only apply for and receive 5 farm truck
registrations, and only 2 of those 5 vehicles shall exceed
59,500 gross weight in pounds per vehicle.
    (f) Every person convicted of violating this Section by
failure to pay the appropriate flat weight tax to the Secretary
of State as set forth in the above tables shall be punished as
provided for in Section 3-401.
(Source: P.A. 91-37, eff. 7-1-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/15/2008