103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2772 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Illinois Vehicle Code. Provides that violations of local government speed restriction laws in which the driver is alleged to have operated the motor vehicle at a speed that is 15 miles per hour or less above the posted limit may be heard in an administrative adjudication system if the municipality or county permits the hearing by ordinance. Makes corresponding changes. Amends the Counties Code and Illinois Municipal Code to make corresponding changes. LRB103 25749 AWJ 52098 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2772 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED: 55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 Amends the Illinois Vehicle Code. Provides that violations of local government speed restriction laws in which the driver is alleged to have operated the motor vehicle at a speed that is 15 miles per hour or less above the posted limit may be heard in an administrative adjudication system if the municipality or county permits the hearing by ordinance. Makes corresponding changes. Amends the Counties Code and Illinois Municipal Code to make corresponding changes. LRB103 25749 AWJ 52098 b LRB103 25749 AWJ 52098 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2772 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
65 ILCS 5/1-2.2-10
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Illinois Vehicle Code. Provides that violations of local government speed restriction laws in which the driver is alleged to have operated the motor vehicle at a speed that is 15 miles per hour or less above the posted limit may be heard in an administrative adjudication system if the municipality or county permits the hearing by ordinance. Makes corresponding changes. Amends the Counties Code and Illinois Municipal Code to make corresponding changes.
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A BILL FOR
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HB2772 LRB103 25749 AWJ 52098 b
1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-43010 as follows:
6 (55 ILCS 5/5-43010)
7 Sec. 5-43010. Administrative adjudication of code and
8 ordinance violations; definitions.
9 (a) Any county may provide by ordinance for a system of
10 administrative adjudication of county code violations to the
11 extent permitted by the Illinois Constitution.
12 (b) Any county may provide by ordinance for a system of
13 administrative adjudication of violations of ordinances
14 enacted by a participating unit of local government only
15 where: (i) the unit of local government is engaging in
16 governmental activities or providing services within the
17 boundaries of the county; (ii) the unit of local government
18 has no system of administrative adjudication; and (iii) the
19 violation occurred within the boundaries of the county.
20 (c) As used in this Division:
21 "Participating unit of local government" means a unit of
22 local government which has entered into an intergovernmental
23 agreement or contract with a county for the administrative
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2772 Introduced , by Rep. Norma Hernandez SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 55 ILCS 5/5-43010 65 ILCS 5/1-2.1-2 65 ILCS 5/1-2.2-5 65 ILCS 5/1-2.2-10 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
65 ILCS 5/1-2.2-10
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Illinois Vehicle Code. Provides that violations of local government speed restriction laws in which the driver is alleged to have operated the motor vehicle at a speed that is 15 miles per hour or less above the posted limit may be heard in an administrative adjudication system if the municipality or county permits the hearing by ordinance. Makes corresponding changes. Amends the Counties Code and Illinois Municipal Code to make corresponding changes.
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A BILL FOR
55 ILCS 5/5-43010
65 ILCS 5/1-2.1-2
65 ILCS 5/1-2.2-5
65 ILCS 5/1-2.2-10
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
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1 adjudication of violations of its ordinances by the county
2 pursuant to this Division.
3 "System of administrative adjudication" means the
4 adjudication of any violation of a county ordinance or of a
5 participating unit of local government's ordinance, except for
6 (i) proceedings not within the statutory or the home rule
7 authority of counties or a participating unit of local
8 government; and (ii) any offense under the Illinois Vehicle
9 Code (or a similar offense that is a traffic regulation
10 governing the movement of vehicles and except for any
11 reportable offense under Section 6-204 of the Illinois Vehicle
12 Code) unless authorized under Section 11-208.3 of the Illinois
13 Vehicle Code.
14 "Unit of local government" has the meaning as defined in
15 the Illinois Constitution of 1970 and also includes a
16 not-for-profit corporation organized for the purpose of
17 conducting public business including, but not limited to, the
18 Northeast Illinois Regional Commuter Railroad Corporation.
19 (Source: P.A. 99-754, eff. 1-1-17.)
20 Section 10. The Illinois Municipal Code is amended by
21 changing Sections 1-2.1-2, 1-2.2-5, and 1-2.2-10 as follows:
22 (65 ILCS 5/1-2.1-2)
23 Sec. 1-2.1-2. Administrative adjudication of municipal
24 code violations. Any municipality may provide by ordinance
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1 for a system of administrative adjudication of municipal code
2 violations to the extent permitted by the Illinois
3 Constitution. A "system of administrative adjudication" means
4 the adjudication of any violation of a municipal ordinance,
5 except for (i) proceedings not within the statutory or the
6 home rule authority of municipalities; and (ii) any offense
7 under the Illinois Vehicle Code (or a similar offense that is a
8 traffic regulation governing the movement of vehicles and
9 except for any reportable offense under Section 6-204 of the
10 Illinois Vehicle Code) unless authorized under Section
11 11-208.3 of the Illinois Vehicle Code.
12 (Source: P.A. 90-516, eff. 1-1-98.)
13 (65 ILCS 5/1-2.2-5)
14 Sec. 1-2.2-5. Definitions. As used in this Division,
15 unless the context requires otherwise:
16 "Code" means any municipal ordinance except for (i)
17 building code violations that must be adjudicated pursuant to
18 Division 31.1 of Article 11 of this Act and (ii) any offense
19 under the Illinois Vehicle Code (or a similar offense that is a
20 traffic regulation governing the movement of vehicles and
21 except for any reportable offense under Section 6-204 of the
22 Illinois Vehicle Code) unless authorized under Section
23 11-208.3 of the Illinois Vehicle Code.
24 "Hearing officer" means a municipal employee or an officer
25 or agent of a municipality, other than a law enforcement
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1 officer, whose duty it is to:
2 (1) preside at an administrative hearing called to
3 determine whether or not a code violation exists;
4 (2) hear testimony and accept evidence from all interested
5 parties relevant to the existence of a code violation;
6 (3) preserve and authenticate the transcript and record of
7 the hearing and all exhibits and evidence introduced at the
8 hearing; and
9 (4) issue and sign a written finding, decision, and order
10 stating whether a code violation exists.
11 (Source: P.A. 90-777, eff. 1-1-99.)
12 (65 ILCS 5/1-2.2-10)
13 Sec. 1-2.2-10. Code hearing department. The corporate
14 authorities of any municipality may adopt this Division and
15 establish a code hearing department within an existing code
16 enforcement agency or as a separate and independent agency in
17 the municipal government. The function of the hearing
18 department is to expedite the prosecution and correction of
19 code violations in the manner set forth in this Division.
20 The code hearing department may adjudicate any code
21 violation of a municipal ordinance except for (i) building
22 code violations that must be adjudicated pursuant to Division
23 31.1 of Article 11 of this Act and (ii) any offense under the
24 Illinois Vehicle Code or similar offense that is a traffic
25 regulation governing the movement of vehicles and except for
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1 any reportable offense under Section 6-204 of the Illinois
2 Vehicle Code.
3 (Source: P.A. 90-777, eff. 1-1-99.)
4 Section 15. The Illinois Vehicle Code is amended by
5 changing Section 11-208.3 as follows:
6 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
7 Sec. 11-208.3. Administrative adjudication of certain
8 violations of traffic regulations concerning the standing,
9 parking, or condition of vehicles, automated traffic law
10 violations, and automated speed enforcement system violations.
11 (a) Any municipality or county may provide by ordinance
12 for a system of administrative adjudication of vehicular
13 standing and parking violations and vehicle compliance
14 violations as described in this subsection, automated traffic
15 law violations as defined in Section 11-208.6, 11-208.9, or
16 11-1201.1, violations of speed restrictions under Article VI
17 in which the driver is alleged to have operated the motor
18 vehicle at a speed that is 15 miles per hour or less above the
19 posted limit, and automated speed enforcement system
20 violations as defined in Section 11-208.8. The administrative
21 system shall have as its purpose the fair and efficient
22 enforcement of municipal or county regulations through the
23 administrative adjudication of automated speed enforcement
24 system or automated traffic law violations and violations of
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1 municipal or county ordinances regulating speed the standing
2 and parking of vehicles, the condition and use of vehicle
3 equipment, and the display of municipal or county wheel tax
4 licenses within the municipality's or county's borders. The
5 administrative system shall only have authority to adjudicate
6 civil offenses carrying fines not in excess of $500 or
7 requiring the completion of a traffic education program, or
8 both, that occur after the effective date of the ordinance
9 adopting such a system under this Section. For purposes of
10 this Section, "compliance violation" means a violation of a
11 municipal or county regulation governing the condition or use
12 of equipment on a vehicle or governing the display of a
13 municipal or county wheel tax license.
14 (b) Any ordinance establishing a system of administrative
15 adjudication under this Section shall provide for:
16 (1) A traffic compliance administrator authorized to
17 adopt, distribute, and process parking, compliance, and
18 automated speed enforcement system or automated traffic
19 law violation notices and other notices required by this
20 Section, collect money paid as fines and penalties for
21 violation of parking and compliance ordinances and
22 automated speed enforcement system or automated traffic
23 law violations, and operate an administrative adjudication
24 system.
25 (2) A parking, standing, compliance, automated speed
26 enforcement system, or automated traffic law violation
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1 notice that shall specify or include the date, time, and
2 place of the violation of a parking, standing, compliance,
3 automated speed enforcement system, or automated traffic
4 law regulation; the particular regulation violated; any
5 requirement to complete a traffic education program; the
6 fine and any penalty that may be assessed for late payment
7 or failure to complete a required traffic education
8 program, or both, when so provided by ordinance; the
9 vehicle make or a photograph of the vehicle; the State
10 state registration number of the vehicle; and the
11 identification number of the person issuing the notice.
12 With regard to automated speed enforcement system or
13 automated traffic law violations, vehicle make shall be
14 specified on the automated speed enforcement system or
15 automated traffic law violation notice if the notice does
16 not include a photograph of the vehicle and the make is
17 available and readily discernible. With regard to
18 municipalities or counties with a population of 1 million
19 or more, it shall be grounds for dismissal of a parking
20 violation if the State state registration number or
21 vehicle make specified is incorrect. The violation notice
22 shall state that the completion of any required traffic
23 education program, the payment of any indicated fine, and
24 the payment of any applicable penalty for late payment or
25 failure to complete a required traffic education program,
26 or both, shall operate as a final disposition of the
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1 violation. The notice also shall contain information as to
2 the availability of a hearing in which the violation may
3 be contested on its merits. The violation notice shall
4 specify the time and manner in which a hearing may be had.
5 (3) Service of a parking, standing, or compliance
6 violation notice by: (i) affixing the original or a
7 facsimile of the notice to an unlawfully parked or
8 standing vehicle; (ii) handing the notice to the operator
9 of a vehicle if he or she is present; or (iii) mailing the
10 notice to the address of the registered owner or lessee of
11 the cited vehicle as recorded with the Secretary of State
12 or the lessor of the motor vehicle within 30 days after the
13 Secretary of State or the lessor of the motor vehicle
14 notifies the municipality or county of the identity of the
15 owner or lessee of the vehicle, but not later than 90 days
16 after the date of the violation, except that in the case of
17 a lessee of a motor vehicle, service of a parking,
18 standing, or compliance violation notice may occur no
19 later than 210 days after the violation; and service of an
20 automated speed enforcement system or automated traffic
21 law violation notice by mail to the address of the
22 registered owner or lessee of the cited vehicle as
23 recorded with the Secretary of State or the lessor of the
24 motor vehicle within 30 days after the Secretary of State
25 or the lessor of the motor vehicle notifies the
26 municipality or county of the identity of the owner or
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1 lessee of the vehicle, but not later than 90 days after the
2 violation, except that in the case of a lessee of a motor
3 vehicle, service of an automated traffic law violation
4 notice may occur no later than 210 days after the
5 violation. A person authorized by ordinance to issue and
6 serve parking, standing, and compliance violation notices
7 shall certify as to the correctness of the facts entered
8 on the violation notice by signing his or her name to the
9 notice at the time of service or, in the case of a notice
10 produced by a computerized device, by signing a single
11 certificate to be kept by the traffic compliance
12 administrator attesting to the correctness of all notices
13 produced by the device while it was under his or her
14 control. In the case of an automated traffic law
15 violation, the ordinance shall require a determination by
16 a technician employed or contracted by the municipality or
17 county that, based on inspection of recorded images, the
18 motor vehicle was being operated in violation of Section
19 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
20 the technician determines that the vehicle entered the
21 intersection as part of a funeral procession or in order
22 to yield the right-of-way to an emergency vehicle, a
23 citation shall not be issued. In municipalities with a
24 population of less than 1,000,000 inhabitants and counties
25 with a population of less than 3,000,000 inhabitants, the
26 automated traffic law ordinance shall require that all
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1 determinations by a technician that a motor vehicle was
2 being operated in violation of Section 11-208.6, 11-208.9,
3 or 11-1201.1 or a local ordinance must be reviewed and
4 approved by a law enforcement officer or retired law
5 enforcement officer of the municipality or county issuing
6 the violation. In municipalities with a population of
7 1,000,000 or more inhabitants and counties with a
8 population of 3,000,000 or more inhabitants, the automated
9 traffic law ordinance shall require that all
10 determinations by a technician that a motor vehicle was
11 being operated in violation of Section 11-208.6, 11-208.9,
12 or 11-1201.1 or a local ordinance must be reviewed and
13 approved by a law enforcement officer or retired law
14 enforcement officer of the municipality or county issuing
15 the violation or by an additional fully trained reviewing
16 technician who is not employed by the contractor who
17 employs the technician who made the initial determination.
18 In the case of an automated speed enforcement system
19 violation, the ordinance shall require a determination by
20 a technician employed by the municipality, based upon an
21 inspection of recorded images, video or other
22 documentation, including documentation of the speed limit
23 and automated speed enforcement signage, and documentation
24 of the inspection, calibration, and certification of the
25 speed equipment, that the vehicle was being operated in
26 violation of Article VI of Chapter 11 of this Code or a
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1 similar local ordinance. If the technician determines that
2 the vehicle speed was not determined by a calibrated,
3 certified speed equipment device based upon the speed
4 equipment documentation, or if the vehicle was an
5 emergency vehicle, a citation may not be issued. The
6 automated speed enforcement ordinance shall require that
7 all determinations by a technician that a violation
8 occurred be reviewed and approved by a law enforcement
9 officer or retired law enforcement officer of the
10 municipality issuing the violation or by an additional
11 fully trained reviewing technician who is not employed by
12 the contractor who employs the technician who made the
13 initial determination. Routine and independent calibration
14 of the speeds produced by automated speed enforcement
15 systems and equipment shall be conducted annually by a
16 qualified technician. Speeds produced by an automated
17 speed enforcement system shall be compared with speeds
18 produced by lidar or other independent equipment. Radar or
19 lidar equipment shall undergo an internal validation test
20 no less frequently than once each week. Qualified
21 technicians shall test loop-based equipment no less
22 frequently than once a year. Radar equipment shall be
23 checked for accuracy by a qualified technician when the
24 unit is serviced, when unusual or suspect readings
25 persist, or when deemed necessary by a reviewing
26 technician. Radar equipment shall be checked with the
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1 internal frequency generator and the internal circuit test
2 whenever the radar is turned on. Technicians must be alert
3 for any unusual or suspect readings, and if unusual or
4 suspect readings of a radar unit persist, that unit shall
5 immediately be removed from service and not returned to
6 service until it has been checked by a qualified
7 technician and determined to be functioning properly.
8 Documentation of the annual calibration results, including
9 the equipment tested, test date, technician performing the
10 test, and test results, shall be maintained and available
11 for use in the determination of an automated speed
12 enforcement system violation and issuance of a citation.
13 The technician performing the calibration and testing of
14 the automated speed enforcement equipment shall be trained
15 and certified in the use of equipment for speed
16 enforcement purposes. Training on the speed enforcement
17 equipment may be conducted by law enforcement, civilian,
18 or manufacturer's personnel and if applicable may be
19 equivalent to the equipment use and operations training
20 included in the Speed Measuring Device Operator Program
21 developed by the National Highway Traffic Safety
22 Administration (NHTSA). The vendor or technician who
23 performs the work shall keep accurate records on each
24 piece of equipment the technician calibrates and tests. As
25 used in this paragraph, "fully trained reviewing
26 technician" means a person who has received at least 40
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1 hours of supervised training in subjects which shall
2 include image inspection and interpretation, the elements
3 necessary to prove a violation, license plate
4 identification, and traffic safety and management. In all
5 municipalities and counties, the automated speed
6 enforcement system or automated traffic law ordinance
7 shall require that no additional fee shall be charged to
8 the alleged violator for exercising his or her right to an
9 administrative hearing, and persons shall be given at
10 least 25 days following an administrative hearing to pay
11 any civil penalty imposed by a finding that Section
12 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
13 local ordinance has been violated. The original or a
14 facsimile of the violation notice or, in the case of a
15 notice produced by a computerized device, a printed record
16 generated by the device showing the facts entered on the
17 notice, shall be retained by the traffic compliance
18 administrator, and shall be a record kept in the ordinary
19 course of business. A parking, standing, compliance,
20 automated speed enforcement system, or automated traffic
21 law violation notice issued, signed, and served in
22 accordance with this Section, a copy of the notice, or the
23 computer-generated record shall be prima facie correct and
24 shall be prima facie evidence of the correctness of the
25 facts shown on the notice. The notice, copy, or
26 computer-generated record shall be admissible in any
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1 subsequent administrative or legal proceedings.
2 (4) An opportunity for a hearing for the registered
3 owner of the vehicle cited in the parking, standing,
4 compliance, automated speed enforcement system, or
5 automated traffic law violation notice in which the owner
6 may contest the merits of the alleged violation, and
7 during which formal or technical rules of evidence shall
8 not apply; provided, however, that under Section 11-1306
9 of this Code the lessee of a vehicle cited in the violation
10 notice likewise shall be provided an opportunity for a
11 hearing of the same kind afforded the registered owner.
12 The hearings shall be recorded, and the person conducting
13 the hearing on behalf of the traffic compliance
14 administrator shall be empowered to administer oaths and
15 to secure by subpoena both the attendance and testimony of
16 witnesses and the production of relevant books and papers.
17 Persons appearing at a hearing under this Section may be
18 represented by counsel at their expense. The ordinance may
19 also provide for internal administrative review following
20 the decision of the hearing officer.
21 (5) Service of additional notices, sent by first class
22 United States mail, postage prepaid, to the address of the
23 registered owner of the cited vehicle as recorded with the
24 Secretary of State or, if any notice to that address is
25 returned as undeliverable, to the last known address
26 recorded in a United States Post Office approved database,
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1 or, under Section 11-1306 or subsection (p) of Section
2 11-208.6 or 11-208.9, or subsection (p) of Section
3 11-208.8 of this Code, to the lessee of the cited vehicle
4 at the last address known to the lessor of the cited
5 vehicle at the time of lease or, if any notice to that
6 address is returned as undeliverable, to the last known
7 address recorded in a United States Post Office approved
8 database. The service shall be deemed complete as of the
9 date of deposit in the United States mail. The notices
10 shall be in the following sequence and shall include, but
11 not be limited to, the information specified herein:
12 (i) A second notice of parking, standing, or
13 compliance violation if the first notice of the
14 violation was issued by affixing the original or a
15 facsimile of the notice to the unlawfully parked
16 vehicle or by handing the notice to the operator. This
17 notice shall specify or include the date and location
18 of the violation cited in the parking, standing, or
19 compliance violation notice, the particular regulation
20 violated, the vehicle make or a photograph of the
21 vehicle, the state registration number of the vehicle,
22 any requirement to complete a traffic education
23 program, the fine and any penalty that may be assessed
24 for late payment or failure to complete a traffic
25 education program, or both, when so provided by
26 ordinance, the availability of a hearing in which the
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1 violation may be contested on its merits, and the time
2 and manner in which the hearing may be had. The notice
3 of violation shall also state that failure to complete
4 a required traffic education program, to pay the
5 indicated fine and any applicable penalty, or to
6 appear at a hearing on the merits in the time and
7 manner specified, will result in a final determination
8 of violation liability for the cited violation in the
9 amount of the fine or penalty indicated, and that,
10 upon the occurrence of a final determination of
11 violation liability for the failure, and the
12 exhaustion of, or failure to exhaust, available
13 administrative or judicial procedures for review, any
14 incomplete traffic education program or any unpaid
15 fine or penalty, or both, will constitute a debt due
16 and owing the municipality or county.
17 (ii) A notice of final determination of parking,
18 standing, compliance, automated speed enforcement
19 system, or automated traffic law violation liability.
20 This notice shall be sent following a final
21 determination of parking, standing, compliance,
22 automated speed enforcement system, or automated
23 traffic law violation liability and the conclusion of
24 judicial review procedures taken under this Section.
25 The notice shall state that the incomplete traffic
26 education program or the unpaid fine or penalty, or
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1 both, is a debt due and owing the municipality or
2 county. The notice shall contain warnings that failure
3 to complete any required traffic education program or
4 to pay any fine or penalty due and owing the
5 municipality or county, or both, within the time
6 specified may result in the municipality's or county's
7 filing of a petition in the Circuit Court to have the
8 incomplete traffic education program or unpaid fine or
9 penalty, or both, rendered a judgment as provided by
10 this Section, or, where applicable, may result in
11 suspension of the person's driver's license for
12 failure to complete a traffic education program.
13 (6) A notice of impending driver's license suspension.
14 This notice shall be sent to the person liable for failure
15 to complete a required traffic education program. The
16 notice shall state that failure to complete a required
17 traffic education program within 45 days of the notice's
18 date will result in the municipality or county notifying
19 the Secretary of State that the person is eligible for
20 initiation of suspension proceedings under Section 6-306.5
21 of this Code. The notice shall also state that the person
22 may obtain a photostatic copy of an original ticket
23 imposing a fine or penalty by sending a self-addressed,
24 stamped envelope to the municipality or county along with
25 a request for the photostatic copy. The notice of
26 impending driver's license suspension shall be sent by
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1 first class United States mail, postage prepaid, to the
2 address recorded with the Secretary of State or, if any
3 notice to that address is returned as undeliverable, to
4 the last known address recorded in a United States Post
5 Office approved database.
6 (7) Final determinations of violation liability. A
7 final determination of violation liability shall occur
8 following failure to complete the required traffic
9 education program or to pay the fine or penalty, or both,
10 after a hearing officer's determination of violation
11 liability and the exhaustion of or failure to exhaust any
12 administrative review procedures provided by ordinance.
13 Where a person fails to appear at a hearing to contest the
14 alleged violation in the time and manner specified in a
15 prior mailed notice, the hearing officer's determination
16 of violation liability shall become final: (A) upon denial
17 of a timely petition to set aside that determination, or
18 (B) upon expiration of the period for filing the petition
19 without a filing having been made.
20 (8) A petition to set aside a determination of
21 parking, standing, compliance, automated speed enforcement
22 system, or automated traffic law violation liability that
23 may be filed by a person owing an unpaid fine or penalty. A
24 petition to set aside a determination of liability may
25 also be filed by a person required to complete a traffic
26 education program. The petition shall be filed with and
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1 ruled upon by the traffic compliance administrator in the
2 manner and within the time specified by ordinance. The
3 grounds for the petition may be limited to: (A) the person
4 not having been the owner or lessee of the cited vehicle on
5 the date the violation notice was issued, (B) the person
6 having already completed the required traffic education
7 program or paid the fine or penalty, or both, for the
8 violation in question, and (C) excusable failure to appear
9 at or request a new date for a hearing. With regard to
10 municipalities or counties with a population of 1 million
11 or more, it shall be grounds for dismissal of a parking
12 violation if the State state registration number or
13 vehicle make, only if specified in the violation notice,
14 is incorrect. After the determination of parking,
15 standing, compliance, automated speed enforcement system,
16 or automated traffic law violation liability has been set
17 aside upon a showing of just cause, the registered owner
18 shall be provided with a hearing on the merits for that
19 violation.
20 (9) Procedures for non-residents. Procedures by which
21 persons who are not residents of the municipality or
22 county may contest the merits of the alleged violation
23 without attending a hearing.
24 (10) A schedule of civil fines for violations of
25 vehicular standing, parking, compliance, automated speed
26 enforcement system, or automated traffic law regulations
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1 enacted by ordinance pursuant to this Section, and a
2 schedule of penalties for late payment of the fines or
3 failure to complete required traffic education programs,
4 provided, however, that the total amount of the fine and
5 penalty for any one violation shall not exceed $250,
6 except as provided in subsection (c) of Section 11-1301.3
7 of this Code.
8 (11) Other provisions as are necessary and proper to
9 carry into effect the powers granted and purposes stated
10 in this Section.
11 (c) Any municipality or county establishing vehicular
12 standing, parking, compliance, automated speed enforcement
13 system, or automated traffic law regulations under this
14 Section may also provide by ordinance for a program of vehicle
15 immobilization for the purpose of facilitating enforcement of
16 those regulations. The program of vehicle immobilization shall
17 provide for immobilizing any eligible vehicle upon the public
18 way by presence of a restraint in a manner to prevent operation
19 of the vehicle. Any ordinance establishing a program of
20 vehicle immobilization under this Section shall provide:
21 (1) Criteria for the designation of vehicles eligible
22 for immobilization. A vehicle shall be eligible for
23 immobilization when the registered owner of the vehicle
24 has accumulated the number of incomplete traffic education
25 programs or unpaid final determinations of parking,
26 standing, compliance, automated speed enforcement system,
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1 or automated traffic law violation liability, or both, as
2 determined by ordinance.
3 (2) A notice of impending vehicle immobilization and a
4 right to a hearing to challenge the validity of the notice
5 by disproving liability for the incomplete traffic
6 education programs or unpaid final determinations of
7 parking, standing, compliance, automated speed enforcement
8 system, or automated traffic law violation liability, or
9 both, listed on the notice.
10 (3) The right to a prompt hearing after a vehicle has
11 been immobilized or subsequently towed without the
12 completion of the required traffic education program or
13 payment of the outstanding fines and penalties on parking,
14 standing, compliance, automated speed enforcement system,
15 or automated traffic law violations, or both, for which
16 final determinations have been issued. An order issued
17 after the hearing is a final administrative decision
18 within the meaning of Section 3-101 of the Code of Civil
19 Procedure.
20 (4) A post immobilization and post-towing notice
21 advising the registered owner of the vehicle of the right
22 to a hearing to challenge the validity of the impoundment.
23 (d) Judicial review of final determinations of parking,
24 standing, compliance, automated speed enforcement system, or
25 automated traffic law violations and final administrative
26 decisions issued after hearings regarding vehicle
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1 immobilization and impoundment made under this Section shall
2 be subject to the provisions of the Administrative Review Law.
3 (e) Any fine, penalty, incomplete traffic education
4 program, or part of any fine or any penalty remaining unpaid
5 after the exhaustion of, or the failure to exhaust,
6 administrative remedies created under this Section and the
7 conclusion of any judicial review procedures shall be a debt
8 due and owing the municipality or county and, as such, may be
9 collected in accordance with applicable law. Completion of any
10 required traffic education program and payment in full of any
11 fine or penalty resulting from a standing, parking,
12 compliance, automated speed enforcement system, or automated
13 traffic law violation shall constitute a final disposition of
14 that violation.
15 (f) After the expiration of the period within which
16 judicial review may be sought for a final determination of
17 parking, standing, compliance, automated speed enforcement
18 system, or automated traffic law violation, the municipality
19 or county may commence a proceeding in the Circuit Court for
20 purposes of obtaining a judgment on the final determination of
21 violation. Nothing in this Section shall prevent a
22 municipality or county from consolidating multiple final
23 determinations of parking, standing, compliance, automated
24 speed enforcement system, or automated traffic law violations
25 against a person in a proceeding. Upon commencement of the
26 action, the municipality or county shall file a certified copy
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1 or record of the final determination of parking, standing,
2 compliance, automated speed enforcement system, or automated
3 traffic law violation, which shall be accompanied by a
4 certification that recites facts sufficient to show that the
5 final determination of violation was issued in accordance with
6 this Section and the applicable municipal or county ordinance.
7 Service of the summons and a copy of the petition may be by any
8 method provided by Section 2-203 of the Code of Civil
9 Procedure or by certified mail, return receipt requested,
10 provided that the total amount of fines and penalties for
11 final determinations of parking, standing, compliance,
12 automated speed enforcement system, or automated traffic law
13 violations does not exceed $2500. If the court is satisfied
14 that the final determination of parking, standing, compliance,
15 automated speed enforcement system, or automated traffic law
16 violation was entered in accordance with the requirements of
17 this Section and the applicable municipal or county ordinance,
18 and that the registered owner or the lessee, as the case may
19 be, had an opportunity for an administrative hearing and for
20 judicial review as provided in this Section, the court shall
21 render judgment in favor of the municipality or county and
22 against the registered owner or the lessee for the amount
23 indicated in the final determination of parking, standing,
24 compliance, automated speed enforcement system, or automated
25 traffic law violation, plus costs. The judgment shall have the
26 same effect and may be enforced in the same manner as other
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1 judgments for the recovery of money.
2 (g) The fee for participating in a traffic education
3 program under this Section shall not exceed $25.
4 A low-income individual required to complete a traffic
5 education program under this Section who provides proof of
6 eligibility for the federal earned income tax credit under
7 Section 32 of the Internal Revenue Code or the Illinois earned
8 income tax credit under Section 212 of the Illinois Income Tax
9 Act shall not be required to pay any fee for participating in a
10 required traffic education program.
11 (h) Notwithstanding any other provision of law to the
12 contrary, a person shall not be liable for violations, fees,
13 fines, or penalties under this Section during the period in
14 which the motor vehicle was stolen or hijacked, as indicated
15 in a report to the appropriate law enforcement agency filed in
16 a timely manner.
17 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
18 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
19 1-1-23.)
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