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Illinois House Bill HB3903

Illinois 2023-2024 Regular Session

Illinois House Bill HB3903 Compare Versions

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1-Public Act 103-0364
21 HB3903 EnrolledLRB103 26454 DTM 52817 b HB3903 Enrolled LRB103 26454 DTM 52817 b
32 HB3903 Enrolled LRB103 26454 DTM 52817 b
4-AN ACT concerning government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Election Code is amended by adding Section
8-9-50 as follows:
9-(10 ILCS 5/9-50 new)
10-Sec. 9-50. Vendor providing automated traffic systems;
11-contributions.
12-(a) No vendor that offers or provides equipment or
13-services for automated traffic law enforcement, automated
14-speed enforcement, or automated railroad grade crossing
15-enforcement systems to municipalities or counties, no
16-political action committee created by such a vendor, and no
17-vendor-affiliated person shall make a campaign contribution to
18-any political committee established to promote the candidacy
19-of a candidate or public official. An officer or agent of such
20-a vendor may not consent to any contribution or expenditure
21-that is prohibited by this Section. A candidate, political
22-committee, or other person may not knowingly accept or receive
23-any contribution prohibited by this Section.
24-(b) As used in this Section:
25-"Automated law enforcement system", "automated speed
26-enforcement system", and "automated railroad grade crossing
3+1 AN ACT concerning government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Election Code is amended by adding Section
7+5 9-50 as follows:
8+6 (10 ILCS 5/9-50 new)
9+7 Sec. 9-50. Vendor providing automated traffic systems;
10+8 contributions.
11+9 (a) No vendor that offers or provides equipment or
12+10 services for automated traffic law enforcement, automated
13+11 speed enforcement, or automated railroad grade crossing
14+12 enforcement systems to municipalities or counties, no
15+13 political action committee created by such a vendor, and no
16+14 vendor-affiliated person shall make a campaign contribution to
17+15 any political committee established to promote the candidacy
18+16 of a candidate or public official. An officer or agent of such
19+17 a vendor may not consent to any contribution or expenditure
20+18 that is prohibited by this Section. A candidate, political
21+19 committee, or other person may not knowingly accept or receive
22+20 any contribution prohibited by this Section.
23+21 (b) As used in this Section:
24+22 "Automated law enforcement system", "automated speed
25+23 enforcement system", and "automated railroad grade crossing
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33-enforcement system" have the meanings given to those terms in
34-Article II of Chapter 11 of the Illinois Vehicle Code.
35-"Vendor-affiliated person" means: (i) any person with an
36-ownership interest in excess of 7.5% in a vendor that offers or
37-provides equipment or services for automated traffic law
38-enforcement, automated speed enforcement, or automated
39-railroad grade crossing enforcement systems to municipalities
40-or counties; (ii) any person with a distributive share in
41-excess of 7.5% in a vendor that offers or provides equipment or
42-services for automated traffic law enforcement, automated
43-speed enforcement, or automated railroad grade crossing
44-enforcement systems to municipalities or counties; (iii) any
45-executive employees of a vendor that offers or provides
46-equipment or services for automated traffic law enforcement,
47-automated speed enforcement, or automated railroad grade
48-crossing enforcement systems to municipalities or counties;
49-and (iv) the spouse, minor child, or other immediate family
50-member living in the residence of any of the persons
51-identified in items (i) through (iii).
52-Section 10. The Illinois Vehicle Code is amended by
53-changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9
54-as follows:
55-(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
56-Sec. 11-208.3. Administrative adjudication of violations
57-
58-
59-of traffic regulations concerning the standing, parking, or
60-condition of vehicles, automated traffic law violations, and
61-automated speed enforcement system violations.
62-(a) Any municipality or county may provide by ordinance
63-for a system of administrative adjudication of vehicular
64-standing and parking violations and vehicle compliance
65-violations as described in this subsection, automated traffic
66-law violations as defined in Section 11-208.6, 11-208.9, or
67-11-1201.1, and automated speed enforcement system violations
68-as defined in Section 11-208.8. The administrative system
69-shall have as its purpose the fair and efficient enforcement
70-of municipal or county regulations through the administrative
71-adjudication of automated speed enforcement system or
72-automated traffic law violations and violations of municipal
73-or county ordinances regulating the standing and parking of
74-vehicles, the condition and use of vehicle equipment, and the
75-display of municipal or county wheel tax licenses within the
76-municipality's or county's borders. The administrative system
77-shall only have authority to adjudicate civil offenses
78-carrying fines not in excess of $500 or requiring the
79-completion of a traffic education program, or both, that occur
80-after the effective date of the ordinance adopting such a
81-system under this Section. For purposes of this Section,
82-"compliance violation" means a violation of a municipal or
83-county regulation governing the condition or use of equipment
84-on a vehicle or governing the display of a municipal or county
85-
86-
87-wheel tax license.
88-(b) Any ordinance establishing a system of administrative
89-adjudication under this Section shall provide for:
90-(1) A traffic compliance administrator authorized to
91-adopt, distribute, and process parking, compliance, and
92-automated speed enforcement system or automated traffic
93-law violation notices and other notices required by this
94-Section, collect money paid as fines and penalties for
95-violation of parking and compliance ordinances and
96-automated speed enforcement system or automated traffic
97-law violations, and operate an administrative adjudication
98-system.
99-(2) A parking, standing, compliance, automated speed
100-enforcement system, or automated traffic law violation
101-notice that shall specify or include the date, time, and
102-place of violation of a parking, standing, compliance,
103-automated speed enforcement system, or automated traffic
104-law regulation; the particular regulation violated; any
105-requirement to complete a traffic education program; the
106-fine and any penalty that may be assessed for late payment
107-or failure to complete a required traffic education
108-program, or both, when so provided by ordinance; the
109-vehicle make or a photograph of the vehicle; the state
110-registration number of the vehicle; and the identification
111-number of the person issuing the notice. With regard to
112-automated speed enforcement system or automated traffic
113-
114-
115-law violations, vehicle make shall be specified on the
116-automated speed enforcement system or automated traffic
117-law violation notice if the notice does not include a
118-photograph of the vehicle and the make is available and
119-readily discernible. With regard to municipalities or
120-counties with a population of 1 million or more, it shall
121-be grounds for dismissal of a parking violation if the
122-state registration number or vehicle make specified is
123-incorrect. The violation notice shall state that the
124-completion of any required traffic education program, the
125-payment of any indicated fine, and the payment of any
126-applicable penalty for late payment or failure to complete
127-a required traffic education program, or both, shall
128-operate as a final disposition of the violation. The
129-notice also shall contain information as to the
130-availability of a hearing in which the violation may be
131-contested on its merits. The violation notice shall
132-specify the time and manner in which a hearing may be had.
133-(3) Service of a parking, standing, or compliance
134-violation notice by: (i) affixing the original or a
135-facsimile of the notice to an unlawfully parked or
136-standing vehicle; (ii) handing the notice to the operator
137-of a vehicle if he or she is present; or (iii) mailing the
138-notice to the address of the registered owner or lessee of
139-the cited vehicle as recorded with the Secretary of State
140-or the lessor of the motor vehicle within 30 days after the
141-
142-
143-Secretary of State or the lessor of the motor vehicle
144-notifies the municipality or county of the identity of the
145-owner or lessee of the vehicle, but not later than 90 days
146-after the date of the violation, except that in the case of
147-a lessee of a motor vehicle, service of a parking,
148-standing, or compliance violation notice may occur no
149-later than 210 days after the violation; and service of an
150-automated speed enforcement system or automated traffic
151-law violation notice by mail to the address of the
152-registered owner or lessee of the cited vehicle as
153-recorded with the Secretary of State or the lessor of the
154-motor vehicle within 30 days after the Secretary of State
155-or the lessor of the motor vehicle notifies the
156-municipality or county of the identity of the owner or
157-lessee of the vehicle, but not later than 90 days after the
158-violation, except that in the case of a lessee of a motor
159-vehicle, service of an automated traffic law violation
160-notice may occur no later than 210 days after the
161-violation. A person authorized by ordinance to issue and
162-serve parking, standing, and compliance violation notices
163-shall certify as to the correctness of the facts entered
164-on the violation notice by signing his or her name to the
165-notice at the time of service or, in the case of a notice
166-produced by a computerized device, by signing a single
167-certificate to be kept by the traffic compliance
168-administrator attesting to the correctness of all notices
169-
170-
171-produced by the device while it was under his or her
172-control. In the case of an automated traffic law
173-violation, the ordinance shall require a determination by
174-a technician employed or contracted by the municipality or
175-county that, based on inspection of recorded images, the
176-motor vehicle was being operated in violation of Section
177-11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
178-the technician determines that the vehicle entered the
179-intersection as part of a funeral procession or in order
180-to yield the right-of-way to an emergency vehicle, a
181-citation shall not be issued. In municipalities with a
182-population of less than 1,000,000 inhabitants and counties
183-with a population of less than 3,000,000 inhabitants, the
184-automated traffic law ordinance shall require that all
185-determinations by a technician that a motor vehicle was
186-being operated in violation of Section 11-208.6, 11-208.9,
187-or 11-1201.1 or a local ordinance must be reviewed and
188-approved by a law enforcement officer or retired law
189-enforcement officer of the municipality or county issuing
190-the violation. In municipalities with a population of
191-1,000,000 or more inhabitants and counties with a
192-population of 3,000,000 or more inhabitants, the automated
193-traffic law ordinance shall require that all
194-determinations by a technician that a motor vehicle was
195-being operated in violation of Section 11-208.6, 11-208.9,
196-or 11-1201.1 or a local ordinance must be reviewed and
197-
198-
199-approved by a law enforcement officer or retired law
200-enforcement officer of the municipality or county issuing
201-the violation or by an additional fully trained reviewing
202-technician who is not employed by the contractor who
203-employs the technician who made the initial determination.
204-In the case of an automated speed enforcement system
205-violation, the ordinance shall require a determination by
206-a technician employed by the municipality, based upon an
207-inspection of recorded images, video or other
208-documentation, including documentation of the speed limit
209-and automated speed enforcement signage, and documentation
210-of the inspection, calibration, and certification of the
211-speed equipment, that the vehicle was being operated in
212-violation of Article VI of Chapter 11 of this Code or a
213-similar local ordinance. If the technician determines that
214-the vehicle speed was not determined by a calibrated,
215-certified speed equipment device based upon the speed
216-equipment documentation, or if the vehicle was an
217-emergency vehicle, a citation may not be issued. The
218-automated speed enforcement ordinance shall require that
219-all determinations by a technician that a violation
220-occurred be reviewed and approved by a law enforcement
221-officer or retired law enforcement officer of the
222-municipality issuing the violation or by an additional
223-fully trained reviewing technician who is not employed by
224-the contractor who employs the technician who made the
225-
226-
227-initial determination. Routine and independent calibration
228-of the speeds produced by automated speed enforcement
229-systems and equipment shall be conducted annually by a
230-qualified technician. Speeds produced by an automated
231-speed enforcement system shall be compared with speeds
232-produced by lidar or other independent equipment. Radar or
233-lidar equipment shall undergo an internal validation test
234-no less frequently than once each week. Qualified
235-technicians shall test loop-based equipment no less
236-frequently than once a year. Radar equipment shall be
237-checked for accuracy by a qualified technician when the
238-unit is serviced, when unusual or suspect readings
239-persist, or when deemed necessary by a reviewing
240-technician. Radar equipment shall be checked with the
241-internal frequency generator and the internal circuit test
242-whenever the radar is turned on. Technicians must be alert
243-for any unusual or suspect readings, and if unusual or
244-suspect readings of a radar unit persist, that unit shall
245-immediately be removed from service and not returned to
246-service until it has been checked by a qualified
247-technician and determined to be functioning properly.
248-Documentation of the annual calibration results, including
249-the equipment tested, test date, technician performing the
250-test, and test results, shall be maintained and available
251-for use in the determination of an automated speed
252-enforcement system violation and issuance of a citation.
253-
254-
255-The technician performing the calibration and testing of
256-the automated speed enforcement equipment shall be trained
257-and certified in the use of equipment for speed
258-enforcement purposes. Training on the speed enforcement
259-equipment may be conducted by law enforcement, civilian,
260-or manufacturer's personnel and if applicable may be
261-equivalent to the equipment use and operations training
262-included in the Speed Measuring Device Operator Program
263-developed by the National Highway Traffic Safety
264-Administration (NHTSA). The vendor or technician who
265-performs the work shall keep accurate records on each
266-piece of equipment the technician calibrates and tests. As
267-used in this paragraph, "fully trained reviewing
268-technician" means a person who has received at least 40
269-hours of supervised training in subjects which shall
270-include image inspection and interpretation, the elements
271-necessary to prove a violation, license plate
272-identification, and traffic safety and management. In all
273-municipalities and counties, the automated speed
274-enforcement system or automated traffic law ordinance
275-shall require that no additional fee shall be charged to
276-the alleged violator for exercising his or her right to an
277-administrative hearing, and persons shall be given at
278-least 25 days following an administrative hearing to pay
279-any civil penalty imposed by a finding that Section
280-11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
281-
282-
283-local ordinance has been violated. The original or a
284-facsimile of the violation notice or, in the case of a
285-notice produced by a computerized device, a printed record
286-generated by the device showing the facts entered on the
287-notice, shall be retained by the traffic compliance
288-administrator, and shall be a record kept in the ordinary
289-course of business. A parking, standing, compliance,
290-automated speed enforcement system, or automated traffic
291-law violation notice issued, signed, and served in
292-accordance with this Section, a copy of the notice, or the
293-computer-generated record shall be prima facie correct and
294-shall be prima facie evidence of the correctness of the
295-facts shown on the notice. The notice, copy, or
296-computer-generated record shall be admissible in any
297-subsequent administrative or legal proceedings.
298-(4) An opportunity for a hearing for the registered
299-owner of the vehicle cited in the parking, standing,
300-compliance, automated speed enforcement system, or
301-automated traffic law violation notice in which the owner
302-may contest the merits of the alleged violation, and
303-during which formal or technical rules of evidence shall
304-not apply; provided, however, that under Section 11-1306
305-of this Code the lessee of a vehicle cited in the violation
306-notice likewise shall be provided an opportunity for a
307-hearing of the same kind afforded the registered owner.
308-The hearings shall be recorded, and the person conducting
309-
310-
311-the hearing on behalf of the traffic compliance
312-administrator shall be empowered to administer oaths and
313-to secure by subpoena both the attendance and testimony of
314-witnesses and the production of relevant books and papers.
315-Persons appearing at a hearing under this Section may be
316-represented by counsel at their expense. The ordinance may
317-also provide for internal administrative review following
318-the decision of the hearing officer.
319-(5) Service of additional notices, sent by first class
320-United States mail, postage prepaid, to the address of the
321-registered owner of the cited vehicle as recorded with the
322-Secretary of State or, if any notice to that address is
323-returned as undeliverable, to the last known address
324-recorded in a United States Post Office approved database,
325-or, under Section 11-1306 or subsection (p) of Section
326-11-208.6 or 11-208.9, or subsection (p) of Section
327-11-208.8 of this Code, to the lessee of the cited vehicle
328-at the last address known to the lessor of the cited
329-vehicle at the time of lease or, if any notice to that
330-address is returned as undeliverable, to the last known
331-address recorded in a United States Post Office approved
332-database. The service shall be deemed complete as of the
333-date of deposit in the United States mail. The notices
334-shall be in the following sequence and shall include, but
335-not be limited to, the information specified herein:
336-(i) A second notice of parking, standing, or
337-
338-
339-compliance violation if the first notice of the
340-violation was issued by affixing the original or a
341-facsimile of the notice to the unlawfully parked
342-vehicle or by handing the notice to the operator. This
343-notice shall specify or include the date and location
344-of the violation cited in the parking, standing, or
345-compliance violation notice, the particular regulation
346-violated, the vehicle make or a photograph of the
347-vehicle, the state registration number of the vehicle,
348-any requirement to complete a traffic education
349-program, the fine and any penalty that may be assessed
350-for late payment or failure to complete a traffic
351-education program, or both, when so provided by
352-ordinance, the availability of a hearing in which the
353-violation may be contested on its merits, and the time
354-and manner in which the hearing may be had. The notice
355-of violation shall also state that failure to complete
356-a required traffic education program, to pay the
357-indicated fine and any applicable penalty, or to
358-appear at a hearing on the merits in the time and
359-manner specified, will result in a final determination
360-of violation liability for the cited violation in the
361-amount of the fine or penalty indicated, and that,
362-upon the occurrence of a final determination of
363-violation liability for the failure, and the
364-exhaustion of, or failure to exhaust, available
365-
366-
367-administrative or judicial procedures for review, any
368-incomplete traffic education program or any unpaid
369-fine or penalty, or both, will constitute a debt due
370-and owing the municipality or county.
371-(ii) A notice of final determination of parking,
372-standing, compliance, automated speed enforcement
373-system, or automated traffic law violation liability.
374-This notice shall be sent following a final
375-determination of parking, standing, compliance,
376-automated speed enforcement system, or automated
377-traffic law violation liability and the conclusion of
378-judicial review procedures taken under this Section.
379-The notice shall state that the incomplete traffic
380-education program or the unpaid fine or penalty, or
381-both, is a debt due and owing the municipality or
382-county. The notice shall contain warnings that failure
383-to complete any required traffic education program or
384-to pay any fine or penalty due and owing the
385-municipality or county, or both, within the time
386-specified may result in the municipality's or county's
387-filing of a petition in the Circuit Court to have the
388-incomplete traffic education program or unpaid fine or
389-penalty, or both, rendered a judgment as provided by
390-this Section, or, where applicable, may result in
391-suspension of the person's driver's license for
392-failure to complete a traffic education program.
393-
394-
395-(6) A notice of impending driver's license suspension.
396-This notice shall be sent to the person liable for failure
397-to complete a required traffic education program. The
398-notice shall state that failure to complete a required
399-traffic education program within 45 days of the notice's
400-date will result in the municipality or county notifying
401-the Secretary of State that the person is eligible for
402-initiation of suspension proceedings under Section 6-306.5
403-of this Code. The notice shall also state that the person
404-may obtain a photostatic copy of an original ticket
405-imposing a fine or penalty by sending a self-addressed,
406-stamped envelope to the municipality or county along with
407-a request for the photostatic copy. The notice of
408-impending driver's license suspension shall be sent by
409-first class United States mail, postage prepaid, to the
410-address recorded with the Secretary of State or, if any
411-notice to that address is returned as undeliverable, to
412-the last known address recorded in a United States Post
413-Office approved database.
414-(7) Final determinations of violation liability. A
415-final determination of violation liability shall occur
416-following failure to complete the required traffic
417-education program or to pay the fine or penalty, or both,
418-after a hearing officer's determination of violation
419-liability and the exhaustion of or failure to exhaust any
420-administrative review procedures provided by ordinance.
421-
422-
423-Where a person fails to appear at a hearing to contest the
424-alleged violation in the time and manner specified in a
425-prior mailed notice, the hearing officer's determination
426-of violation liability shall become final: (A) upon denial
427-of a timely petition to set aside that determination, or
428-(B) upon expiration of the period for filing the petition
429-without a filing having been made.
430-(8) A petition to set aside a determination of
431-parking, standing, compliance, automated speed enforcement
432-system, or automated traffic law violation liability that
433-may be filed by a person owing an unpaid fine or penalty. A
434-petition to set aside a determination of liability may
435-also be filed by a person required to complete a traffic
436-education program. The petition shall be filed with and
437-ruled upon by the traffic compliance administrator in the
438-manner and within the time specified by ordinance. The
439-grounds for the petition may be limited to: (A) the person
440-not having been the owner or lessee of the cited vehicle on
441-the date the violation notice was issued, (B) the person
442-having already completed the required traffic education
443-program or paid the fine or penalty, or both, for the
444-violation in question, and (C) excusable failure to appear
445-at or request a new date for a hearing. With regard to
446-municipalities or counties with a population of 1 million
447-or more, it shall be grounds for dismissal of a parking
448-violation if the state registration number or vehicle
449-
450-
451-make, only if specified in the violation notice, is
452-incorrect. After the determination of parking, standing,
453-compliance, automated speed enforcement system, or
454-automated traffic law violation liability has been set
455-aside upon a showing of just cause, the registered owner
456-shall be provided with a hearing on the merits for that
457-violation.
458-(9) Procedures for non-residents. Procedures by which
459-persons who are not residents of the municipality or
460-county may contest the merits of the alleged violation
461-without attending a hearing.
462-(10) A schedule of civil fines for violations of
463-vehicular standing, parking, compliance, automated speed
464-enforcement system, or automated traffic law regulations
465-enacted by ordinance pursuant to this Section, and a
466-schedule of penalties for late payment of the fines or
467-failure to complete required traffic education programs,
468-provided, however, that the total amount of the fine and
469-penalty for any one violation shall not exceed $250,
470-except as provided in subsection (c) of Section 11-1301.3
471-of this Code.
472-(11) Other provisions as are necessary and proper to
473-carry into effect the powers granted and purposes stated
474-in this Section.
475-(b-5) An automated speed enforcement system or automated
476-traffic law ordinance adopted under this Section by a
477-
478-
479-municipality or county shall require that the determination to
480-issue a citation be vested solely with the municipality or
481-county and that such authority may not be delegated to any
482-vendor retained by the municipality or county. Any contract or
483-agreement violating such a provision in the ordinance is null
484-and void.
485-(c) Any municipality or county establishing vehicular
486-standing, parking, compliance, automated speed enforcement
487-system, or automated traffic law regulations under this
488-Section may also provide by ordinance for a program of vehicle
489-immobilization for the purpose of facilitating enforcement of
490-those regulations. The program of vehicle immobilization shall
491-provide for immobilizing any eligible vehicle upon the public
492-way by presence of a restraint in a manner to prevent operation
493-of the vehicle. Any ordinance establishing a program of
494-vehicle immobilization under this Section shall provide:
495-(1) Criteria for the designation of vehicles eligible
496-for immobilization. A vehicle shall be eligible for
497-immobilization when the registered owner of the vehicle
498-has accumulated the number of incomplete traffic education
499-programs or unpaid final determinations of parking,
500-standing, compliance, automated speed enforcement system,
501-or automated traffic law violation liability, or both, as
502-determined by ordinance.
503-(2) A notice of impending vehicle immobilization and a
504-right to a hearing to challenge the validity of the notice
505-
506-
507-by disproving liability for the incomplete traffic
508-education programs or unpaid final determinations of
509-parking, standing, compliance, automated speed enforcement
510-system, or automated traffic law violation liability, or
511-both, listed on the notice.
512-(3) The right to a prompt hearing after a vehicle has
513-been immobilized or subsequently towed without the
514-completion of the required traffic education program or
515-payment of the outstanding fines and penalties on parking,
516-standing, compliance, automated speed enforcement system,
517-or automated traffic law violations, or both, for which
518-final determinations have been issued. An order issued
519-after the hearing is a final administrative decision
520-within the meaning of Section 3-101 of the Code of Civil
521-Procedure.
522-(4) A post immobilization and post-towing notice
523-advising the registered owner of the vehicle of the right
524-to a hearing to challenge the validity of the impoundment.
525-(d) Judicial review of final determinations of parking,
526-standing, compliance, automated speed enforcement system, or
527-automated traffic law violations and final administrative
528-decisions issued after hearings regarding vehicle
529-immobilization and impoundment made under this Section shall
530-be subject to the provisions of the Administrative Review Law.
531-(e) Any fine, penalty, incomplete traffic education
532-program, or part of any fine or any penalty remaining unpaid
533-
534-
535-after the exhaustion of, or the failure to exhaust,
536-administrative remedies created under this Section and the
537-conclusion of any judicial review procedures shall be a debt
538-due and owing the municipality or county and, as such, may be
539-collected in accordance with applicable law. Completion of any
540-required traffic education program and payment in full of any
541-fine or penalty resulting from a standing, parking,
542-compliance, automated speed enforcement system, or automated
543-traffic law violation shall constitute a final disposition of
544-that violation.
545-(f) After the expiration of the period within which
546-judicial review may be sought for a final determination of
547-parking, standing, compliance, automated speed enforcement
548-system, or automated traffic law violation, the municipality
549-or county may commence a proceeding in the Circuit Court for
550-purposes of obtaining a judgment on the final determination of
551-violation. Nothing in this Section shall prevent a
552-municipality or county from consolidating multiple final
553-determinations of parking, standing, compliance, automated
554-speed enforcement system, or automated traffic law violations
555-against a person in a proceeding. Upon commencement of the
556-action, the municipality or county shall file a certified copy
557-or record of the final determination of parking, standing,
558-compliance, automated speed enforcement system, or automated
559-traffic law violation, which shall be accompanied by a
560-certification that recites facts sufficient to show that the
561-
562-
563-final determination of violation was issued in accordance with
564-this Section and the applicable municipal or county ordinance.
565-Service of the summons and a copy of the petition may be by any
566-method provided by Section 2-203 of the Code of Civil
567-Procedure or by certified mail, return receipt requested,
568-provided that the total amount of fines and penalties for
569-final determinations of parking, standing, compliance,
570-automated speed enforcement system, or automated traffic law
571-violations does not exceed $2500. If the court is satisfied
572-that the final determination of parking, standing, compliance,
573-automated speed enforcement system, or automated traffic law
574-violation was entered in accordance with the requirements of
575-this Section and the applicable municipal or county ordinance,
576-and that the registered owner or the lessee, as the case may
577-be, had an opportunity for an administrative hearing and for
578-judicial review as provided in this Section, the court shall
579-render judgment in favor of the municipality or county and
580-against the registered owner or the lessee for the amount
581-indicated in the final determination of parking, standing,
582-compliance, automated speed enforcement system, or automated
583-traffic law violation, plus costs. The judgment shall have the
584-same effect and may be enforced in the same manner as other
585-judgments for the recovery of money.
586-(g) The fee for participating in a traffic education
587-program under this Section shall not exceed $25.
588-A low-income individual required to complete a traffic
589-
590-
591-education program under this Section who provides proof of
592-eligibility for the federal earned income tax credit under
593-Section 32 of the Internal Revenue Code or the Illinois earned
594-income tax credit under Section 212 of the Illinois Income Tax
595-Act shall not be required to pay any fee for participating in a
596-required traffic education program.
597-(h) Notwithstanding any other provision of law to the
598-contrary, a person shall not be liable for violations, fees,
599-fines, or penalties under this Section during the period in
600-which the motor vehicle was stolen or hijacked, as indicated
601-in a report to the appropriate law enforcement agency filed in
602-a timely manner.
603-(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
604-101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
605-1-1-23.)
606-(625 ILCS 5/11-208.6)
607-(Text of Section before amendment by P.A. 102-982)
608-Sec. 11-208.6. Automated traffic law enforcement system.
609-(a) As used in this Section, "automated traffic law
610-enforcement system" means a device with one or more motor
611-vehicle sensors working in conjunction with a red light signal
612-to produce recorded images of motor vehicles entering an
613-intersection against a red signal indication in violation of
614-Section 11-306 of this Code or a similar provision of a local
615-ordinance.
616-
617-
618-An automated traffic law enforcement system is a system,
619-in a municipality or county operated by a governmental agency,
620-that produces a recorded image of a motor vehicle's violation
621-of a provision of this Code or a local ordinance and is
622-designed to obtain a clear recorded image of the vehicle and
623-the vehicle's license plate. The recorded image must also
624-display the time, date, and location of the violation.
625-(b) As used in this Section, "recorded images" means
626-images recorded by an automated traffic law enforcement system
627-on:
628-(1) 2 or more photographs;
629-(2) 2 or more microphotographs;
630-(3) 2 or more electronic images; or
631-(4) a video recording showing the motor vehicle and,
632-on at least one image or portion of the recording, clearly
633-identifying the registration plate or digital registration
634-plate number of the motor vehicle.
635-(b-5) A municipality or county that produces a recorded
636-image of a motor vehicle's violation of a provision of this
637-Code or a local ordinance must make the recorded images of a
638-violation accessible to the alleged violator by providing the
639-alleged violator with a website address, accessible through
640-the Internet.
641-(c) Except as provided under Section 11-208.8 of this
642-Code, a county or municipality, including a home rule county
643-or municipality, may not use an automated traffic law
644-
645-
646-enforcement system to provide recorded images of a motor
647-vehicle for the purpose of recording its speed. Except as
648-provided under Section 11-208.8 of this Code, the regulation
649-of the use of automated traffic law enforcement systems to
650-record vehicle speeds is an exclusive power and function of
651-the State. This subsection (c) is a denial and limitation of
652-home rule powers and functions under subsection (h) of Section
653-6 of Article VII of the Illinois Constitution.
654-(c-5) A county or municipality, including a home rule
655-county or municipality, may not use an automated traffic law
656-enforcement system to issue violations in instances where the
657-motor vehicle comes to a complete stop and does not enter the
658-intersection, as defined by Section 1-132 of this Code, during
659-the cycle of the red signal indication unless one or more
660-pedestrians or bicyclists are present, even if the motor
661-vehicle stops at a point past a stop line or crosswalk where a
662-driver is required to stop, as specified in subsection (c) of
663-Section 11-306 of this Code or a similar provision of a local
664-ordinance.
665-(c-6) A county, or a municipality with less than 2,000,000
666-inhabitants, including a home rule county or municipality, may
667-not use an automated traffic law enforcement system to issue
668-violations in instances where a motorcyclist enters an
669-intersection against a red signal indication when the red
670-signal fails to change to a green signal within a reasonable
671-period of time not less than 120 seconds because of a signal
672-
673-
674-malfunction or because the signal has failed to detect the
675-arrival of the motorcycle due to the motorcycle's size or
676-weight.
677-(d) For each violation of a provision of this Code or a
678-local ordinance recorded by an automatic traffic law
679-enforcement system, the county or municipality having
680-jurisdiction shall issue a written notice of the violation to
681-the registered owner of the vehicle as the alleged violator.
682-The notice shall be delivered to the registered owner of the
683-vehicle, by mail, within 30 days after the Secretary of State
684-notifies the municipality or county of the identity of the
685-owner of the vehicle, but in no event later than 90 days after
686-the violation.
687-The notice shall include:
688-(1) the name and address of the registered owner of
689-the vehicle;
690-(2) the registration number of the motor vehicle
691-involved in the violation;
692-(3) the violation charged;
693-(4) the location where the violation occurred;
694-(5) the date and time of the violation;
695-(6) a copy of the recorded images;
696-(7) the amount of the civil penalty imposed and the
697-requirements of any traffic education program imposed and
698-the date by which the civil penalty should be paid and the
699-traffic education program should be completed;
700-
701-
702-(8) a statement that recorded images are evidence of a
703-violation of a red light signal;
704-(9) a warning that failure to pay the civil penalty,
705-to complete a required traffic education program, or to
706-contest liability in a timely manner is an admission of
707-liability;
708-(10) a statement that the person may elect to proceed
709-by:
710-(A) paying the fine, completing a required traffic
711-education program, or both; or
712-(B) challenging the charge in court, by mail, or
713-by administrative hearing; and
714-(11) a website address, accessible through the
715-Internet, where the person may view the recorded images of
716-the violation.
717-(e) (Blank).
718-(f) Based on inspection of recorded images produced by an
719-automated traffic law enforcement system, a notice alleging
720-that the violation occurred shall be evidence of the facts
721-contained in the notice and admissible in any proceeding
722-alleging a violation under this Section.
723-(g) Recorded images made by an automatic traffic law
724-enforcement system are confidential and shall be made
725-available only to the alleged violator and governmental and
726-law enforcement agencies for purposes of adjudicating a
727-violation of this Section, for statistical purposes, or for
728-
729-
730-other governmental purposes. Any recorded image evidencing a
731-violation of this Section, however, may be admissible in any
732-proceeding resulting from the issuance of the citation.
733-(h) The court or hearing officer may consider in defense
734-of a violation:
735-(1) that the motor vehicle or registration plates or
736-digital registration plates of the motor vehicle were
737-stolen before the violation occurred and not under the
738-control of or in the possession of the owner or lessee at
739-the time of the violation;
740-(1.5) that the motor vehicle was hijacked before the
741-violation occurred and not under the control of or in the
742-possession of the owner or lessee at the time of the
743-violation;
744-(2) that the driver of the vehicle passed through the
745-intersection when the light was red either (i) in order to
746-yield the right-of-way to an emergency vehicle or (ii) as
747-part of a funeral procession; and
748-(3) any other evidence or issues provided by municipal
749-or county ordinance.
750-(i) To demonstrate that the motor vehicle was hijacked or
751-the motor vehicle or registration plates or digital
752-registration plates were stolen before the violation occurred
753-and were not under the control or possession of the owner or
754-lessee at the time of the violation, the owner or lessee must
755-submit proof that a report concerning the motor vehicle or
756-
757-
758-registration plates was filed with a law enforcement agency in
759-a timely manner.
760-(j) Unless the driver of the motor vehicle received a
761-Uniform Traffic Citation from a police officer at the time of
762-the violation, the motor vehicle owner is subject to a civil
763-penalty not exceeding $100 or the completion of a traffic
764-education program, or both, plus an additional penalty of not
765-more than $100 for failure to pay the original penalty or to
766-complete a required traffic education program, or both, in a
767-timely manner, if the motor vehicle is recorded by an
768-automated traffic law enforcement system. A violation for
769-which a civil penalty is imposed under this Section is not a
770-violation of a traffic regulation governing the movement of
771-vehicles and may not be recorded on the driving record of the
772-owner of the vehicle.
773-(j-3) A registered owner who is a holder of a valid
774-commercial driver's license is not required to complete a
775-traffic education program.
776-(j-5) For purposes of the required traffic education
777-program only, a registered owner may submit an affidavit to
778-the court or hearing officer swearing that at the time of the
779-alleged violation, the vehicle was in the custody and control
780-of another person. The affidavit must identify the person in
781-custody and control of the vehicle, including the person's
782-name and current address. The person in custody and control of
783-the vehicle at the time of the violation is required to
784-
785-
786-complete the required traffic education program. If the person
787-in custody and control of the vehicle at the time of the
788-violation completes the required traffic education program,
789-the registered owner of the vehicle is not required to
790-complete a traffic education program.
791-(k) An intersection equipped with an automated traffic law
792-enforcement system must be posted with a sign visible to
793-approaching traffic indicating that the intersection is being
794-monitored by an automated traffic law enforcement system and
795-informing drivers whether, following a stop, a right turn at
796-the intersection is permitted or prohibited.
797-(k-3) A municipality or county that has one or more
798-intersections equipped with an automated traffic law
799-enforcement system must provide notice to drivers by posting
800-the locations of automated traffic law systems on the
801-municipality or county website.
802-(k-5) An intersection equipped with an automated traffic
803-law enforcement system must have a yellow change interval that
804-conforms with the Illinois Manual on Uniform Traffic Control
805-Devices (IMUTCD) published by the Illinois Department of
806-Transportation. Beginning 6 months before it installs an
807-automated traffic law enforcement system at an intersection, a
808-county or municipality may not change the yellow change
809-interval at that intersection.
810-(k-7) A municipality or county operating an automated
811-traffic law enforcement system shall conduct a statistical
812-
813-
814-analysis to assess the safety impact of each automated traffic
815-law enforcement system at an intersection following
816-installation of the system and every 2 years thereafter. Each
817-The statistical analysis shall be based upon the best
818-available crash, traffic, and other data, and shall cover a
819-period of time before and after installation of the system
820-sufficient to provide a statistically valid comparison of
821-safety impact. Each The statistical analysis shall be
822-consistent with professional judgment and acceptable industry
823-practice. Each The statistical analysis also shall be
824-consistent with the data required for valid comparisons of
825-before and after conditions and shall be conducted within a
826-reasonable period following the installation of the automated
827-traffic law enforcement system. Each The statistical analysis
828-required by this subsection (k-7) shall be made available to
829-the public and shall be published on the website of the
830-municipality or county. If a the statistical analysis for the
831-36 month period following installation of the system indicates
832-that there has been an increase in the rate of accidents at the
833-approach to the intersection monitored by the system, the
834-municipality or county shall undertake additional studies to
835-determine the cause and severity of the accidents, and may
836-take any action that it determines is necessary or appropriate
837-to reduce the number or severity of the accidents at that
838-intersection.
839-(k-8) Any municipality or county operating an automated
840-
841-
842-traffic law enforcement system before the effective date of
843-this amendatory Act of the 103rd General Assembly shall
844-conduct a statistical analysis to assess the safety impact of
845-each automated traffic law enforcement system at an
846-intersection by no later than one year after the effective
847-date of this amendatory Act of the 103rd General Assembly and
848-every 2 years thereafter. The statistical analyses shall be
849-based upon the best available crash, traffic, and other data,
850-and shall cover a period of time before and after installation
851-of the system sufficient to provide a statistically valid
852-comparison of safety impact. The statistical analyses shall be
853-consistent with professional judgment and acceptable industry
854-practice. The statistical analyses also shall be consistent
855-with the data required for valid comparisons of before and
856-after conditions. The statistical analyses required by this
857-subsection shall be made available to the public and shall be
858-published on the website of the municipality or county. If the
859-statistical analysis for any period following installation of
860-the system indicates that there has been an increase in the
861-rate of accidents at the approach to the intersection
862-monitored by the system, the municipality or county shall
863-undertake additional studies to determine the cause and
864-severity of the accidents, and may take any action that it
865-determines is necessary or appropriate to reduce the number or
866-severity of the accidents at that intersection.
867-(l) The compensation paid for an automated traffic law
868-
869-
870-enforcement system must be based on the value of the equipment
871-or the services provided and may not be based on the number of
872-traffic citations issued or the revenue generated by the
873-system.
874-(l-1) No member of the General Assembly and no officer or
875-employee of a municipality or county shall knowingly accept
876-employment or receive compensation or fees for services from a
877-vendor that provides automated traffic law enforcement system
878-equipment or services to municipalities or counties. No former
879-member of the General Assembly shall, within a period of 2
880-years immediately after the termination of service as a member
881-of the General Assembly, knowingly accept employment or
882-receive compensation or fees for services from a vendor that
883-provides automated traffic law enforcement system equipment or
884-services to municipalities or counties. No former officer or
885-employee of a municipality or county shall, within a period of
886-2 years immediately after the termination of municipal or
887-county employment, knowingly accept employment or receive
888-compensation or fees for services from a vendor that provides
889-automated traffic law enforcement system equipment or services
890-to municipalities or counties.
891-(m) This Section applies only to the counties of Cook,
892-DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
893-to municipalities located within those counties.
894-(n) The fee for participating in a traffic education
895-program under this Section shall not exceed $25.
896-
897-
898-A low-income individual required to complete a traffic
899-education program under this Section who provides proof of
900-eligibility for the federal earned income tax credit under
901-Section 32 of the Internal Revenue Code or the Illinois earned
902-income tax credit under Section 212 of the Illinois Income Tax
903-Act shall not be required to pay any fee for participating in a
904-required traffic education program.
905-(o) (Blank).
906-(p) No person who is the lessor of a motor vehicle pursuant
907-to a written lease agreement shall be liable for an automated
908-speed or traffic law enforcement system violation involving
909-such motor vehicle during the period of the lease; provided
910-that upon the request of the appropriate authority received
911-within 120 days after the violation occurred, the lessor
912-provides within 60 days after such receipt the name and
913-address of the lessee.
914-Upon the provision of information by the lessor pursuant
915-to this subsection, the county or municipality may issue the
916-violation to the lessee of the vehicle in the same manner as it
917-would issue a violation to a registered owner of a vehicle
918-pursuant to this Section, and the lessee may be held liable for
919-the violation.
920-(q) If a county or municipality selects a new vendor for
921-its automated traffic law enforcement system and must, as a
922-consequence, apply for a permit, approval, or other
923-authorization from the Department for reinstallation of one or
924-
925-
926-more malfunctioning components of that system and if, at the
927-time of the application for the permit, approval, or other
928-authorization, the new vendor operates an automated traffic
929-law enforcement system for any other county or municipality in
930-the State, then the Department shall approve or deny the
931-county or municipality's application for the permit, approval,
932-or other authorization within 90 days after its receipt.
933-(r) The Department may revoke any permit, approval, or
934-other authorization granted to a county or municipality for
935-the placement, installation, or operation of an automated
936-traffic law enforcement system if any official or employee who
937-serves that county or municipality is charged with bribery,
938-official misconduct, or a similar crime related to the
939-placement, installation, or operation of the automated traffic
940-law enforcement system in the county or municipality.
941-The Department shall adopt any rules necessary to
942-implement and administer this subsection. The rules adopted by
943-the Department shall describe the revocation process, shall
944-ensure that notice of the revocation is provided, and shall
945-provide an opportunity to appeal the revocation. Any county or
946-municipality that has a permit, approval, or other
947-authorization revoked under this subsection may not reapply
948-for such a permit, approval, or other authorization for a
949-period of 1 year after the revocation.
950-(s) If an automated traffic law enforcement system is
951-removed or rendered inoperable due to construction, then the
952-
953-
954-Department shall authorize the reinstallation or use of the
955-automated traffic law enforcement system within 30 days after
956-the construction is complete.
957-(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
958-102-905, eff. 1-1-23; revised 12-14-22.)
959-(Text of Section after amendment by P.A. 102-982)
960-Sec. 11-208.6. Automated traffic law enforcement system.
961-(a) As used in this Section, "automated traffic law
962-enforcement system" means a device with one or more motor
963-vehicle sensors working in conjunction with a red light signal
964-to produce recorded images of motor vehicles entering an
965-intersection against a red signal indication in violation of
966-Section 11-306 of this Code or a similar provision of a local
967-ordinance.
968-An automated traffic law enforcement system is a system,
969-in a municipality or county operated by a governmental agency,
970-that produces a recorded image of a motor vehicle's violation
971-of a provision of this Code or a local ordinance and is
972-designed to obtain a clear recorded image of the vehicle and
973-the vehicle's license plate. The recorded image must also
974-display the time, date, and location of the violation.
975-(b) As used in this Section, "recorded images" means
976-images recorded by an automated traffic law enforcement system
977-on:
978-(1) 2 or more photographs;
979-
980-
981-(2) 2 or more microphotographs;
982-(3) 2 or more electronic images; or
983-(4) a video recording showing the motor vehicle and,
984-on at least one image or portion of the recording, clearly
985-identifying the registration plate or digital registration
986-plate number of the motor vehicle.
987-(b-5) A municipality or county that produces a recorded
988-image of a motor vehicle's violation of a provision of this
989-Code or a local ordinance must make the recorded images of a
990-violation accessible to the alleged violator by providing the
991-alleged violator with a website address, accessible through
992-the Internet.
993-(c) Except as provided under Section 11-208.8 of this
994-Code, a county or municipality, including a home rule county
995-or municipality, may not use an automated traffic law
996-enforcement system to provide recorded images of a motor
997-vehicle for the purpose of recording its speed. Except as
998-provided under Section 11-208.8 of this Code, the regulation
999-of the use of automated traffic law enforcement systems to
1000-record vehicle speeds is an exclusive power and function of
1001-the State. This subsection (c) is a denial and limitation of
1002-home rule powers and functions under subsection (h) of Section
1003-6 of Article VII of the Illinois Constitution.
1004-(c-5) A county or municipality, including a home rule
1005-county or municipality, may not use an automated traffic law
1006-enforcement system to issue violations in instances where the
1007-
1008-
1009-motor vehicle comes to a complete stop and does not enter the
1010-intersection, as defined by Section 1-132 of this Code, during
1011-the cycle of the red signal indication unless one or more
1012-pedestrians or bicyclists are present, even if the motor
1013-vehicle stops at a point past a stop line or crosswalk where a
1014-driver is required to stop, as specified in subsection (c) of
1015-Section 11-306 of this Code or a similar provision of a local
1016-ordinance.
1017-(c-6) A county, or a municipality with less than 2,000,000
1018-inhabitants, including a home rule county or municipality, may
1019-not use an automated traffic law enforcement system to issue
1020-violations in instances where a motorcyclist enters an
1021-intersection against a red signal indication when the red
1022-signal fails to change to a green signal within a reasonable
1023-period of time not less than 120 seconds because of a signal
1024-malfunction or because the signal has failed to detect the
1025-arrival of the motorcycle due to the motorcycle's size or
1026-weight.
1027-(d) For each violation of a provision of this Code or a
1028-local ordinance recorded by an automatic traffic law
1029-enforcement system, the county or municipality having
1030-jurisdiction shall issue a written notice of the violation to
1031-the registered owner of the vehicle as the alleged violator.
1032-The notice shall be delivered to the registered owner of the
1033-vehicle, by mail, within 30 days after the Secretary of State
1034-notifies the municipality or county of the identity of the
1035-
1036-
1037-owner of the vehicle, but in no event later than 90 days after
1038-the violation.
1039-The notice shall include:
1040-(1) the name and address of the registered owner of
1041-the vehicle;
1042-(2) the registration number of the motor vehicle
1043-involved in the violation;
1044-(3) the violation charged;
1045-(4) the location where the violation occurred;
1046-(5) the date and time of the violation;
1047-(6) a copy of the recorded images;
1048-(7) the amount of the civil penalty imposed and the
1049-requirements of any traffic education program imposed and
1050-the date by which the civil penalty should be paid and the
1051-traffic education program should be completed;
1052-(8) a statement that recorded images are evidence of a
1053-violation of a red light signal;
1054-(9) a warning that failure to pay the civil penalty,
1055-to complete a required traffic education program, or to
1056-contest liability in a timely manner is an admission of
1057-liability;
1058-(10) a statement that the person may elect to proceed
1059-by:
1060-(A) paying the fine, completing a required traffic
1061-education program, or both; or
1062-(B) challenging the charge in court, by mail, or
1063-
1064-
1065-by administrative hearing; and
1066-(11) a website address, accessible through the
1067-Internet, where the person may view the recorded images of
1068-the violation.
1069-(e) (Blank).
1070-(f) Based on inspection of recorded images produced by an
1071-automated traffic law enforcement system, a notice alleging
1072-that the violation occurred shall be evidence of the facts
1073-contained in the notice and admissible in any proceeding
1074-alleging a violation under this Section.
1075-(g) Recorded images made by an automatic traffic law
1076-enforcement system are confidential and shall be made
1077-available only to the alleged violator and governmental and
1078-law enforcement agencies for purposes of adjudicating a
1079-violation of this Section, for statistical purposes, or for
1080-other governmental purposes. Any recorded image evidencing a
1081-violation of this Section, however, may be admissible in any
1082-proceeding resulting from the issuance of the citation.
1083-(h) The court or hearing officer may consider in defense
1084-of a violation:
1085-(1) that the motor vehicle or registration plates or
1086-digital registration plates of the motor vehicle were
1087-stolen before the violation occurred and not under the
1088-control of or in the possession of the owner or lessee at
1089-the time of the violation;
1090-(1.5) that the motor vehicle was hijacked before the
1091-
1092-
1093-violation occurred and not under the control of or in the
1094-possession of the owner or lessee at the time of the
1095-violation;
1096-(2) that the driver of the vehicle passed through the
1097-intersection when the light was red either (i) in order to
1098-yield the right-of-way to an emergency vehicle or (ii) as
1099-part of a funeral procession; and
1100-(3) any other evidence or issues provided by municipal
1101-or county ordinance.
1102-(i) To demonstrate that the motor vehicle was hijacked or
1103-the motor vehicle or registration plates or digital
1104-registration plates were stolen before the violation occurred
1105-and were not under the control or possession of the owner or
1106-lessee at the time of the violation, the owner or lessee must
1107-submit proof that a report concerning the motor vehicle or
1108-registration plates was filed with a law enforcement agency in
1109-a timely manner.
1110-(j) Unless the driver of the motor vehicle received a
1111-Uniform Traffic Citation from a police officer at the time of
1112-the violation, the motor vehicle owner is subject to a civil
1113-penalty not exceeding $100 or the completion of a traffic
1114-education program, or both, plus an additional penalty of not
1115-more than $100 for failure to pay the original penalty or to
1116-complete a required traffic education program, or both, in a
1117-timely manner, if the motor vehicle is recorded by an
1118-automated traffic law enforcement system. A violation for
1119-
1120-
1121-which a civil penalty is imposed under this Section is not a
1122-violation of a traffic regulation governing the movement of
1123-vehicles and may not be recorded on the driving record of the
1124-owner of the vehicle.
1125-(j-3) A registered owner who is a holder of a valid
1126-commercial driver's license is not required to complete a
1127-traffic education program.
1128-(j-5) For purposes of the required traffic education
1129-program only, a registered owner may submit an affidavit to
1130-the court or hearing officer swearing that at the time of the
1131-alleged violation, the vehicle was in the custody and control
1132-of another person. The affidavit must identify the person in
1133-custody and control of the vehicle, including the person's
1134-name and current address. The person in custody and control of
1135-the vehicle at the time of the violation is required to
1136-complete the required traffic education program. If the person
1137-in custody and control of the vehicle at the time of the
1138-violation completes the required traffic education program,
1139-the registered owner of the vehicle is not required to
1140-complete a traffic education program.
1141-(k) An intersection equipped with an automated traffic law
1142-enforcement system must be posted with a sign visible to
1143-approaching traffic indicating that the intersection is being
1144-monitored by an automated traffic law enforcement system and
1145-informing drivers whether, following a stop, a right turn at
1146-the intersection is permitted or prohibited.
1147-
1148-
1149-(k-3) A municipality or county that has one or more
1150-intersections equipped with an automated traffic law
1151-enforcement system must provide notice to drivers by posting
1152-the locations of automated traffic law systems on the
1153-municipality or county website.
1154-(k-5) An intersection equipped with an automated traffic
1155-law enforcement system must have a yellow change interval that
1156-conforms with the Illinois Manual on Uniform Traffic Control
1157-Devices (IMUTCD) published by the Illinois Department of
1158-Transportation. Beginning 6 months before it installs an
1159-automated traffic law enforcement system at an intersection, a
1160-county or municipality may not change the yellow change
1161-interval at that intersection.
1162-(k-7) A municipality or county operating an automated
1163-traffic law enforcement system shall conduct a statistical
1164-analysis to assess the safety impact of each automated traffic
1165-law enforcement system at an intersection following
1166-installation of the system and every 2 years thereafter. Each
1167-The statistical analysis shall be based upon the best
1168-available crash, traffic, and other data, and shall cover a
1169-period of time before and after installation of the system
1170-sufficient to provide a statistically valid comparison of
1171-safety impact. Each The statistical analysis shall be
1172-consistent with professional judgment and acceptable industry
1173-practice. Each The statistical analysis also shall be
1174-consistent with the data required for valid comparisons of
1175-
1176-
1177-before and after conditions and shall be conducted within a
1178-reasonable period following the installation of the automated
1179-traffic law enforcement system. Each The statistical analysis
1180-required by this subsection (k-7) shall be made available to
1181-the public and shall be published on the website of the
1182-municipality or county. If a the statistical analysis for the
1183-36 month period following installation of the system indicates
1184-that there has been an increase in the rate of crashes at the
1185-approach to the intersection monitored by the system, the
1186-municipality or county shall undertake additional studies to
1187-determine the cause and severity of the crashes, and may take
1188-any action that it determines is necessary or appropriate to
1189-reduce the number or severity of the crashes at that
1190-intersection.
1191-(k-8) Any municipality or county operating an automated
1192-traffic law enforcement system before the effective date of
1193-this amendatory Act of the 103rd General Assembly shall
1194-conduct a statistical analysis to assess the safety impact of
1195-each automated traffic law enforcement system at an
1196-intersection by no later than one year after the effective
1197-date of this amendatory Act of the 103rd General Assembly and
1198-every 2 years thereafter. The statistical analyses shall be
1199-based upon the best available crash, traffic, and other data,
1200-and shall cover a period of time before and after installation
1201-of the system sufficient to provide a statistically valid
1202-comparison of safety impact. The statistical analyses shall be
1203-
1204-
1205-consistent with professional judgment and acceptable industry
1206-practice. The statistical analyses also shall be consistent
1207-with the data required for valid comparisons of before and
1208-after conditions. The statistical analyses required by this
1209-subsection shall be made available to the public and shall be
1210-published on the website of the municipality or county. If the
1211-statistical analysis for any period following installation of
1212-the system indicates that there has been an increase in the
1213-rate of accidents at the approach to the intersection
1214-monitored by the system, the municipality or county shall
1215-undertake additional studies to determine the cause and
1216-severity of the accidents, and may take any action that it
1217-determines is necessary or appropriate to reduce the number or
1218-severity of the accidents at that intersection.
1219-(l) The compensation paid for an automated traffic law
1220-enforcement system must be based on the value of the equipment
1221-or the services provided and may not be based on the number of
1222-traffic citations issued or the revenue generated by the
1223-system.
1224-(l-1) No member of the General Assembly and no officer or
1225-employee of a municipality or county shall knowingly accept
1226-employment or receive compensation or fees for services from a
1227-vendor that provides automated traffic law enforcement system
1228-equipment or services to municipalities or counties. No former
1229-member of the General Assembly shall, within a period of 2
1230-years immediately after the termination of service as a member
1231-
1232-
1233-of the General Assembly, knowingly accept employment or
1234-receive compensation or fees for services from a vendor that
1235-provides automated traffic law enforcement system equipment or
1236-services to municipalities or counties. No former officer or
1237-employee of a municipality or county shall, within a period of
1238-2 years immediately after the termination of municipal or
1239-county employment, knowingly accept employment or receive
1240-compensation or fees for services from a vendor that provides
1241-automated traffic law enforcement system equipment or services
1242-to municipalities or counties.
1243-(m) This Section applies only to the counties of Cook,
1244-DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
1245-to municipalities located within those counties.
1246-(n) The fee for participating in a traffic education
1247-program under this Section shall not exceed $25.
1248-A low-income individual required to complete a traffic
1249-education program under this Section who provides proof of
1250-eligibility for the federal earned income tax credit under
1251-Section 32 of the Internal Revenue Code or the Illinois earned
1252-income tax credit under Section 212 of the Illinois Income Tax
1253-Act shall not be required to pay any fee for participating in a
1254-required traffic education program.
1255-(o) (Blank).
1256-(p) No person who is the lessor of a motor vehicle pursuant
1257-to a written lease agreement shall be liable for an automated
1258-speed or traffic law enforcement system violation involving
1259-
1260-
1261-such motor vehicle during the period of the lease; provided
1262-that upon the request of the appropriate authority received
1263-within 120 days after the violation occurred, the lessor
1264-provides within 60 days after such receipt the name and
1265-address of the lessee.
1266-Upon the provision of information by the lessor pursuant
1267-to this subsection, the county or municipality may issue the
1268-violation to the lessee of the vehicle in the same manner as it
1269-would issue a violation to a registered owner of a vehicle
1270-pursuant to this Section, and the lessee may be held liable for
1271-the violation.
1272-(q) If a county or municipality selects a new vendor for
1273-its automated traffic law enforcement system and must, as a
1274-consequence, apply for a permit, approval, or other
1275-authorization from the Department for reinstallation of one or
1276-more malfunctioning components of that system and if, at the
1277-time of the application for the permit, approval, or other
1278-authorization, the new vendor operates an automated traffic
1279-law enforcement system for any other county or municipality in
1280-the State, then the Department shall approve or deny the
1281-county or municipality's application for the permit, approval,
1282-or other authorization within 90 days after its receipt.
1283-(r) The Department may revoke any permit, approval, or
1284-other authorization granted to a county or municipality for
1285-the placement, installation, or operation of an automated
1286-traffic law enforcement system if any official or employee who
1287-
1288-
1289-serves that county or municipality is charged with bribery,
1290-official misconduct, or a similar crime related to the
1291-placement, installation, or operation of the automated traffic
1292-law enforcement system in the county or municipality.
1293-The Department shall adopt any rules necessary to
1294-implement and administer this subsection. The rules adopted by
1295-the Department shall describe the revocation process, shall
1296-ensure that notice of the revocation is provided, and shall
1297-provide an opportunity to appeal the revocation. Any county or
1298-municipality that has a permit, approval, or other
1299-authorization revoked under this subsection may not reapply
1300-for such a permit, approval, or other authorization for a
1301-period of 1 year after the revocation.
1302-(s) If an automated traffic law enforcement system is
1303-removed or rendered inoperable due to construction, then the
1304-Department shall authorize the reinstallation or use of the
1305-automated traffic law enforcement system within 30 days after
1306-the construction is complete.
1307-(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1308-102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
1309-(625 ILCS 5/11-208.8)
1310-Sec. 11-208.8. Automated speed enforcement systems in
1311-safety zones.
1312-(a) As used in this Section:
1313-"Automated speed enforcement system" means a photographic
1314-
1315-
1316-device, radar device, laser device, or other electrical or
1317-mechanical device or devices installed or utilized in a safety
1318-zone and designed to record the speed of a vehicle and obtain a
1319-clear photograph or other recorded image of the vehicle and
1320-the vehicle's registration plate or digital registration plate
1321-while the driver is violating Article VI of Chapter 11 of this
1322-Code or a similar provision of a local ordinance.
1323-An automated speed enforcement system is a system, located
1324-in a safety zone which is under the jurisdiction of a
1325-municipality, that produces a recorded image of a motor
1326-vehicle's violation of a provision of this Code or a local
1327-ordinance and is designed to obtain a clear recorded image of
1328-the vehicle and the vehicle's license plate. The recorded
1329-image must also display the time, date, and location of the
1330-violation.
1331-"Owner" means the person or entity to whom the vehicle is
1332-registered.
1333-"Recorded image" means images recorded by an automated
1334-speed enforcement system on:
1335-(1) 2 or more photographs;
1336-(2) 2 or more microphotographs;
1337-(3) 2 or more electronic images; or
1338-(4) a video recording showing the motor vehicle and,
1339-on at least one image or portion of the recording, clearly
1340-identifying the registration plate or digital registration
1341-plate number of the motor vehicle.
1342-
1343-
1344-"Safety zone" means an area that is within one-eighth of a
1345-mile from the nearest property line of any public or private
1346-elementary or secondary school, or from the nearest property
1347-line of any facility, area, or land owned by a school district
1348-that is used for educational purposes approved by the Illinois
1349-State Board of Education, not including school district
1350-headquarters or administrative buildings. A safety zone also
1351-includes an area that is within one-eighth of a mile from the
1352-nearest property line of any facility, area, or land owned by a
1353-park district used for recreational purposes. However, if any
1354-portion of a roadway is within either one-eighth mile radius,
1355-the safety zone also shall include the roadway extended to the
1356-furthest portion of the next furthest intersection. The term
1357-"safety zone" does not include any portion of the roadway
1358-known as Lake Shore Drive or any controlled access highway
1359-with 8 or more lanes of traffic.
1360-(a-5) The automated speed enforcement system shall be
1361-operational and violations shall be recorded only at the
1362-following times:
1363-(i) if the safety zone is based upon the property line
1364-of any facility, area, or land owned by a school district,
1365-only on school days and no earlier than 6 a.m. and no later
1366-than 8:30 p.m. if the school day is during the period of
1367-Monday through Thursday, or 9 p.m. if the school day is a
1368-Friday; and
1369-(ii) if the safety zone is based upon the property
1370-
1371-
1372-line of any facility, area, or land owned by a park
1373-district, no earlier than one hour prior to the time that
1374-the facility, area, or land is open to the public or other
1375-patrons, and no later than one hour after the facility,
1376-area, or land is closed to the public or other patrons.
1377-(b) A municipality that produces a recorded image of a
1378-motor vehicle's violation of a provision of this Code or a
1379-local ordinance must make the recorded images of a violation
1380-accessible to the alleged violator by providing the alleged
1381-violator with a website address, accessible through the
1382-Internet.
1383-(c) Notwithstanding any penalties for any other violations
1384-of this Code, the owner of a motor vehicle used in a traffic
1385-violation recorded by an automated speed enforcement system
1386-shall be subject to the following penalties:
1387-(1) if the recorded speed is no less than 6 miles per
1388-hour and no more than 10 miles per hour over the legal
1389-speed limit, a civil penalty not exceeding $50, plus an
1390-additional penalty of not more than $50 for failure to pay
1391-the original penalty in a timely manner; or
1392-(2) if the recorded speed is more than 10 miles per
1393-hour over the legal speed limit, a civil penalty not
1394-exceeding $100, plus an additional penalty of not more
1395-than $100 for failure to pay the original penalty in a
1396-timely manner.
1397-A penalty may not be imposed under this Section if the
1398-
1399-
1400-driver of the motor vehicle received a Uniform Traffic
1401-Citation from a police officer for a speeding violation
1402-occurring within one-eighth of a mile and 15 minutes of the
1403-violation that was recorded by the system. A violation for
1404-which a civil penalty is imposed under this Section is not a
1405-violation of a traffic regulation governing the movement of
1406-vehicles and may not be recorded on the driving record of the
1407-owner of the vehicle. A law enforcement officer is not
1408-required to be present or to witness the violation. No penalty
1409-may be imposed under this Section if the recorded speed of a
1410-vehicle is 5 miles per hour or less over the legal speed limit.
1411-The municipality may send, in the same manner that notices are
1412-sent under this Section, a speed violation warning notice
1413-where the violation involves a speed of 5 miles per hour or
1414-less above the legal speed limit.
1415-(d) The net proceeds that a municipality receives from
1416-civil penalties imposed under an automated speed enforcement
1417-system, after deducting all non-personnel and personnel costs
1418-associated with the operation and maintenance of such system,
1419-shall be expended or obligated by the municipality for the
1420-following purposes:
1421-(i) public safety initiatives to ensure safe passage
1422-around schools, and to provide police protection and
1423-surveillance around schools and parks, including but not
1424-limited to: (1) personnel costs; and (2) non-personnel
1425-costs such as construction and maintenance of public
1426-
1427-
1428-safety infrastructure and equipment;
1429-(ii) initiatives to improve pedestrian and traffic
1430-safety;
1431-(iii) construction and maintenance of infrastructure
1432-within the municipality, including but not limited to
1433-roads and bridges; and
1434-(iv) after school programs.
1435-(e) For each violation of a provision of this Code or a
1436-local ordinance recorded by an automated speed enforcement
1437-system, the municipality having jurisdiction shall issue a
1438-written notice of the violation to the registered owner of the
1439-vehicle as the alleged violator. The notice shall be delivered
1440-to the registered owner of the vehicle, by mail, within 30 days
1441-after the Secretary of State notifies the municipality of the
1442-identity of the owner of the vehicle, but in no event later
1443-than 90 days after the violation.
1444-(f) The notice required under subsection (e) of this
1445-Section shall include:
1446-(1) the name and address of the registered owner of
1447-the vehicle;
1448-(2) the registration number of the motor vehicle
1449-involved in the violation;
1450-(3) the violation charged;
1451-(4) the date, time, and location where the violation
1452-occurred;
1453-(5) a copy of the recorded image or images;
1454-
1455-
1456-(6) the amount of the civil penalty imposed and the
1457-date by which the civil penalty should be paid;
1458-(7) a statement that recorded images are evidence of a
1459-violation of a speed restriction;
1460-(8) a warning that failure to pay the civil penalty or
1461-to contest liability in a timely manner is an admission of
1462-liability;
1463-(9) a statement that the person may elect to proceed
1464-by:
1465-(A) paying the fine; or
1466-(B) challenging the charge in court, by mail, or
1467-by administrative hearing; and
1468-(10) a website address, accessible through the
1469-Internet, where the person may view the recorded images of
1470-the violation.
1471-(g) (Blank).
1472-(h) Based on inspection of recorded images produced by an
1473-automated speed enforcement system, a notice alleging that the
1474-violation occurred shall be evidence of the facts contained in
1475-the notice and admissible in any proceeding alleging a
1476-violation under this Section.
1477-(i) Recorded images made by an automated speed enforcement
1478-system are confidential and shall be made available only to
1479-the alleged violator and governmental and law enforcement
1480-agencies for purposes of adjudicating a violation of this
1481-Section, for statistical purposes, or for other governmental
1482-
1483-
1484-purposes. Any recorded image evidencing a violation of this
1485-Section, however, may be admissible in any proceeding
1486-resulting from the issuance of the citation.
1487-(j) The court or hearing officer may consider in defense
1488-of a violation:
1489-(1) that the motor vehicle or registration plates or
1490-digital registration plates of the motor vehicle were
1491-stolen before the violation occurred and not under the
1492-control or in the possession of the owner or lessee at the
1493-time of the violation;
1494-(1.5) that the motor vehicle was hijacked before the
1495-violation occurred and not under the control of or in the
1496-possession of the owner or lessee at the time of the
1497-violation;
1498-(2) that the driver of the motor vehicle received a
1499-Uniform Traffic Citation from a police officer for a
1500-speeding violation occurring within one-eighth of a mile
1501-and 15 minutes of the violation that was recorded by the
1502-system; and
1503-(3) any other evidence or issues provided by municipal
1504-ordinance.
1505-(k) To demonstrate that the motor vehicle was hijacked or
1506-the motor vehicle or registration plates or digital
1507-registration plates were stolen before the violation occurred
1508-and were not under the control or possession of the owner or
1509-lessee at the time of the violation, the owner or lessee must
1510-
1511-
1512-submit proof that a report concerning the motor vehicle or
1513-registration plates was filed with a law enforcement agency in
1514-a timely manner.
1515-(l) A roadway equipped with an automated speed enforcement
1516-system shall be posted with a sign conforming to the national
1517-Manual on Uniform Traffic Control Devices that is visible to
1518-approaching traffic stating that vehicle speeds are being
1519-photo-enforced and indicating the speed limit. The
1520-municipality shall install such additional signage as it
1521-determines is necessary to give reasonable notice to drivers
1522-as to where automated speed enforcement systems are installed.
1523-(m) A roadway where a new automated speed enforcement
1524-system is installed shall be posted with signs providing 30
1525-days notice of the use of a new automated speed enforcement
1526-system prior to the issuance of any citations through the
1527-automated speed enforcement system.
1528-(n) The compensation paid for an automated speed
1529-enforcement system must be based on the value of the equipment
1530-or the services provided and may not be based on the number of
1531-traffic citations issued or the revenue generated by the
1532-system.
1533-(n-1) No member of the General Assembly and no officer or
1534-employee of a municipality or county shall knowingly accept
1535-employment or receive compensation or fees for services from a
1536-vendor that provides automated speed enforcement system
1537-equipment or services to municipalities or counties. No former
1538-
1539-
1540-member of the General Assembly shall, within a period of 2
1541-years immediately after the termination of service as a member
1542-of the General Assembly, knowingly accept employment or
1543-receive compensation or fees for services from a vendor that
1544-provides automated speed enforcement system equipment or
1545-services to municipalities or counties. No former officer or
1546-employee of a municipality or county shall, within a period of
1547-2 years immediately after the termination of municipal or
1548-county employment, knowingly accept employment or receive
1549-compensation or fees for services from a vendor that provides
1550-automated speed enforcement system equipment or services to
1551-municipalities or counties.
1552-(o) (Blank).
1553-(p) No person who is the lessor of a motor vehicle pursuant
1554-to a written lease agreement shall be liable for an automated
1555-speed or traffic law enforcement system violation involving
1556-such motor vehicle during the period of the lease; provided
1557-that upon the request of the appropriate authority received
1558-within 120 days after the violation occurred, the lessor
1559-provides within 60 days after such receipt the name and
1560-address of the lessee. The drivers license number of a lessee
1561-may be subsequently individually requested by the appropriate
1562-authority if needed for enforcement of this Section.
1563-Upon the provision of information by the lessor pursuant
1564-to this subsection, the municipality may issue the violation
1565-to the lessee of the vehicle in the same manner as it would
1566-
1567-
1568-issue a violation to a registered owner of a vehicle pursuant
1569-to this Section, and the lessee may be held liable for the
1570-violation.
1571-(q) A municipality using an automated speed enforcement
1572-system must provide notice to drivers by publishing the
1573-locations of all safety zones where system equipment is
1574-installed on the website of the municipality.
1575-(r) A municipality operating an automated speed
1576-enforcement system shall conduct a statistical analysis to
1577-assess the safety impact of the system following installation
1578-of the system and every 2 years thereafter. A municipality
1579-operating an automated speed enforcement system before the
1580-effective date of this amendatory Act of the 103rd General
1581-Assembly shall conduct a statistical analysis to assess the
1582-safety impact of the system by no later than one year after the
1583-effective date of this amendatory Act of the 103rd General
1584-Assembly and every 2 years thereafter. Each The statistical
1585-analysis shall be based upon the best available crash,
1586-traffic, and other data, and shall cover a period of time
1587-before and after installation of the system sufficient to
1588-provide a statistically valid comparison of safety impact.
1589-Each The statistical analysis shall be consistent with
1590-professional judgment and acceptable industry practice. Each
1591-The statistical analysis also shall be consistent with the
1592-data required for valid comparisons of before and after
1593-conditions and shall be conducted within a reasonable period
1594-
1595-
1596-following the installation of the automated traffic law
1597-enforcement system. Each The statistical analysis required by
1598-this subsection shall be made available to the public and
1599-shall be published on the website of the municipality.
1600-(s) This Section applies only to municipalities with a
1601-population of 1,000,000 or more inhabitants.
1602-(t) If a county or municipality selects a new vendor for
1603-its automated speed enforcement system and must, as a
1604-consequence, apply for a permit, approval, or other
1605-authorization from the Department for reinstallation of one or
1606-more malfunctioning components of that system and if, at the
1607-time of the application for the permit, approval, or other
1608-authorization, the new vendor operates an automated speed
1609-enforcement system for any other county or municipality in the
1610-State, then the Department shall approve or deny the county or
1611-municipality's application for the permit, approval, or other
1612-authorization within 90 days after its receipt.
1613-(u) The Department may revoke any permit, approval, or
1614-other authorization granted to a county or municipality for
1615-the placement, installation, or operation of an automated
1616-speed enforcement system if any official or employee who
1617-serves that county or municipality is charged with bribery,
1618-official misconduct, or a similar crime related to the
1619-placement, installation, or operation of the automated speed
1620-enforcement system in the county or municipality.
1621-The Department shall adopt any rules necessary to
1622-
1623-
1624-implement and administer this subsection. The rules adopted by
1625-the Department shall describe the revocation process, shall
1626-ensure that notice of the revocation is provided, and shall
1627-provide an opportunity to appeal the revocation. Any county or
1628-municipality that has a permit, approval, or other
1629-authorization revoked under this subsection may not reapply
1630-for such a permit, approval, or other authorization for a
1631-period of 1 year after the revocation.
1632-(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1633-102-905, eff. 1-1-23.)
1634-(625 ILCS 5/11-208.9)
1635-(Text of Section before amendment by P.A. 102-982)
1636-Sec. 11-208.9. Automated traffic law enforcement system;
1637-approaching, overtaking, and passing a school bus.
1638-(a) As used in this Section, "automated traffic law
1639-enforcement system" means a device with one or more motor
1640-vehicle sensors working in conjunction with the visual signals
1641-on a school bus, as specified in Sections 12-803 and 12-805 of
1642-this Code, to produce recorded images of motor vehicles that
1643-fail to stop before meeting or overtaking, from either
1644-direction, any school bus stopped at any location for the
1645-purpose of receiving or discharging pupils in violation of
1646-Section 11-1414 of this Code or a similar provision of a local
1647-ordinance.
1648-An automated traffic law enforcement system is a system,
1649-
1650-
1651-in a municipality or county operated by a governmental agency,
1652-that produces a recorded image of a motor vehicle's violation
1653-of a provision of this Code or a local ordinance and is
1654-designed to obtain a clear recorded image of the vehicle and
1655-the vehicle's license plate. The recorded image must also
1656-display the time, date, and location of the violation.
1657-(b) As used in this Section, "recorded images" means
1658-images recorded by an automated traffic law enforcement system
1659-on:
1660-(1) 2 or more photographs;
1661-(2) 2 or more microphotographs;
1662-(3) 2 or more electronic images; or
1663-(4) a video recording showing the motor vehicle and,
1664-on at least one image or portion of the recording, clearly
1665-identifying the registration plate or digital registration
1666-plate number of the motor vehicle.
1667-(c) A municipality or county that produces a recorded
1668-image of a motor vehicle's violation of a provision of this
1669-Code or a local ordinance must make the recorded images of a
1670-violation accessible to the alleged violator by providing the
1671-alleged violator with a website address, accessible through
1672-the Internet.
1673-(d) For each violation of a provision of this Code or a
1674-local ordinance recorded by an automated traffic law
1675-enforcement system, the county or municipality having
1676-jurisdiction shall issue a written notice of the violation to
1677-
1678-
1679-the registered owner of the vehicle as the alleged violator.
1680-The notice shall be delivered to the registered owner of the
1681-vehicle, by mail, within 30 days after the Secretary of State
1682-notifies the municipality or county of the identity of the
1683-owner of the vehicle, but in no event later than 90 days after
1684-the violation.
1685-(e) The notice required under subsection (d) shall
1686-include:
1687-(1) the name and address of the registered owner of
1688-the vehicle;
1689-(2) the registration number of the motor vehicle
1690-involved in the violation;
1691-(3) the violation charged;
1692-(4) the location where the violation occurred;
1693-(5) the date and time of the violation;
1694-(6) a copy of the recorded images;
1695-(7) the amount of the civil penalty imposed and the
1696-date by which the civil penalty should be paid;
1697-(8) a statement that recorded images are evidence of a
1698-violation of overtaking or passing a school bus stopped
1699-for the purpose of receiving or discharging pupils;
1700-(9) a warning that failure to pay the civil penalty or
1701-to contest liability in a timely manner is an admission of
1702-liability;
1703-(10) a statement that the person may elect to proceed
1704-by:
1705-
1706-
1707-(A) paying the fine; or
1708-(B) challenging the charge in court, by mail, or
1709-by administrative hearing; and
1710-(11) a website address, accessible through the
1711-Internet, where the person may view the recorded images of
1712-the violation.
1713-(f) (Blank).
1714-(g) Based on inspection of recorded images produced by an
1715-automated traffic law enforcement system, a notice alleging
1716-that the violation occurred shall be evidence of the facts
1717-contained in the notice and admissible in any proceeding
1718-alleging a violation under this Section.
1719-(h) Recorded images made by an automated traffic law
1720-enforcement system are confidential and shall be made
1721-available only to the alleged violator and governmental and
1722-law enforcement agencies for purposes of adjudicating a
1723-violation of this Section, for statistical purposes, or for
1724-other governmental purposes. Any recorded image evidencing a
1725-violation of this Section, however, may be admissible in any
1726-proceeding resulting from the issuance of the citation.
1727-(i) The court or hearing officer may consider in defense
1728-of a violation:
1729-(1) that the motor vehicle or registration plates or
1730-digital registration plates of the motor vehicle were
1731-stolen before the violation occurred and not under the
1732-control of or in the possession of the owner or lessee at
1733-
1734-
1735-the time of the violation;
1736-(1.5) that the motor vehicle was hijacked before the
1737-violation occurred and not under the control of or in the
1738-possession of the owner or lessee at the time of the
1739-violation;
1740-(2) that the driver of the motor vehicle received a
1741-Uniform Traffic Citation from a police officer for a
1742-violation of Section 11-1414 of this Code within
1743-one-eighth of a mile and 15 minutes of the violation that
1744-was recorded by the system;
1745-(3) that the visual signals required by Sections
1746-12-803 and 12-805 of this Code were damaged, not
1747-activated, not present in violation of Sections 12-803 and
1748-12-805, or inoperable; and
1749-(4) any other evidence or issues provided by municipal
1750-or county ordinance.
1751-(j) To demonstrate that the motor vehicle was hijacked or
1752-the motor vehicle or registration plates or digital
1753-registration plates were stolen before the violation occurred
1754-and were not under the control or possession of the owner or
1755-lessee at the time of the violation, the owner or lessee must
1756-submit proof that a report concerning the motor vehicle or
1757-registration plates was filed with a law enforcement agency in
1758-a timely manner.
1759-(k) Unless the driver of the motor vehicle received a
1760-Uniform Traffic Citation from a police officer at the time of
1761-
1762-
1763-the violation, the motor vehicle owner is subject to a civil
1764-penalty not exceeding $150 for a first time violation or $500
1765-for a second or subsequent violation, plus an additional
1766-penalty of not more than $100 for failure to pay the original
1767-penalty in a timely manner, if the motor vehicle is recorded by
1768-an automated traffic law enforcement system. A violation for
1769-which a civil penalty is imposed under this Section is not a
1770-violation of a traffic regulation governing the movement of
1771-vehicles and may not be recorded on the driving record of the
1772-owner of the vehicle, but may be recorded by the municipality
1773-or county for the purpose of determining if a person is subject
1774-to the higher fine for a second or subsequent offense.
1775-(l) A school bus equipped with an automated traffic law
1776-enforcement system must be posted with a sign indicating that
1777-the school bus is being monitored by an automated traffic law
1778-enforcement system.
1779-(m) A municipality or county that has one or more school
1780-buses equipped with an automated traffic law enforcement
1781-system must provide notice to drivers by posting a list of
1782-school districts using school buses equipped with an automated
1783-traffic law enforcement system on the municipality or county
1784-website. School districts that have one or more school buses
1785-equipped with an automated traffic law enforcement system must
1786-provide notice to drivers by posting that information on their
1787-websites.
1788-(n) A municipality or county operating an automated
1789-
1790-
1791-traffic law enforcement system shall conduct a statistical
1792-analysis to assess the safety impact in each school district
1793-using school buses equipped with an automated traffic law
1794-enforcement system following installation of the system and
1795-every 2 years thereafter. A municipality or county operating
1796-an automated speed enforcement system before the effective
1797-date of this amendatory Act of the 103rd General Assembly
1798-shall conduct a statistical analysis to assess the safety
1799-impact of the system by no later than one year after the
1800-effective date of this amendatory Act of the 103rd General
1801-Assembly and every 2 years thereafter. Each The statistical
1802-analysis shall be based upon the best available crash,
1803-traffic, and other data, and shall cover a period of time
1804-before and after installation of the system sufficient to
1805-provide a statistically valid comparison of safety impact.
1806-Each The statistical analysis shall be consistent with
1807-professional judgment and acceptable industry practice. Each
1808-The statistical analysis also shall be consistent with the
1809-data required for valid comparisons of before and after
1810-conditions and shall be conducted within a reasonable period
1811-following the installation of the automated traffic law
1812-enforcement system. Each The statistical analysis required by
1813-this subsection shall be made available to the public and
1814-shall be published on the website of the municipality or
1815-county. If a the statistical analysis for the 36-month period
1816-following installation of the system indicates that there has
1817-
1818-
1819-been an increase in the rate of accidents at the approach to
1820-school buses monitored by the system, the municipality or
1821-county shall undertake additional studies to determine the
1822-cause and severity of the accidents, and may take any action
1823-that it determines is necessary or appropriate to reduce the
1824-number or severity of the accidents involving school buses
1825-equipped with an automated traffic law enforcement system.
1826-(o) The compensation paid for an automated traffic law
1827-enforcement system must be based on the value of the equipment
1828-or the services provided and may not be based on the number of
1829-traffic citations issued or the revenue generated by the
1830-system.
1831-(o-1) No member of the General Assembly and no officer or
1832-employee of a municipality or county shall knowingly accept
1833-employment or receive compensation or fees for services from a
1834-vendor that provides automated traffic law enforcement system
1835-equipment or services to municipalities or counties. No former
1836-member of the General Assembly shall, within a period of 2
1837-years immediately after the termination of service as a member
1838-of the General Assembly, knowingly accept employment or
1839-receive compensation or fees for services from a vendor that
1840-provides automated traffic law enforcement system equipment or
1841-services to municipalities or counties. No former officer or
1842-employee of a municipality or county shall, within a period of
1843-2 years immediately after the termination of municipal or
1844-county employment, knowingly accept employment or receive
1845-
1846-
1847-compensation or fees for services from a vendor that provides
1848-automated traffic law enforcement system equipment or services
1849-to municipalities or counties.
1850-(p) No person who is the lessor of a motor vehicle pursuant
1851-to a written lease agreement shall be liable for an automated
1852-speed or traffic law enforcement system violation involving
1853-such motor vehicle during the period of the lease; provided
1854-that upon the request of the appropriate authority received
1855-within 120 days after the violation occurred, the lessor
1856-provides within 60 days after such receipt the name and
1857-address of the lessee.
1858-Upon the provision of information by the lessor pursuant
1859-to this subsection, the county or municipality may issue the
1860-violation to the lessee of the vehicle in the same manner as it
1861-would issue a violation to a registered owner of a vehicle
1862-pursuant to this Section, and the lessee may be held liable for
1863-the violation.
1864-(q) (Blank).
1865-(r) After a municipality or county enacts an ordinance
1866-providing for automated traffic law enforcement systems under
1867-this Section, each school district within that municipality or
1868-county's jurisdiction may implement an automated traffic law
1869-enforcement system under this Section. The elected school
1870-board for that district must approve the implementation of an
1871-automated traffic law enforcement system. The school district
1872-shall be responsible for entering into a contract, approved by
1873-
1874-
1875-the elected school board of that district, with vendors for
1876-the installation, maintenance, and operation of the automated
1877-traffic law enforcement system. The school district must enter
1878-into an intergovernmental agreement, approved by the elected
1879-school board of that district, with the municipality or county
1880-with jurisdiction over that school district for the
1881-administration of the automated traffic law enforcement
1882-system. The proceeds from a school district's automated
1883-traffic law enforcement system's fines shall be divided
1884-equally between the school district and the municipality or
1885-county administering the automated traffic law enforcement
1886-system.
1887-(s) If a county or municipality changes the vendor it uses
1888-for its automated traffic law enforcement system and must, as
1889-a consequence, apply for a permit, approval, or other
1890-authorization from the Department for reinstallation of one or
1891-more malfunctioning components of that system and if, at the
1892-time of the application, the new vendor operates an automated
1893-traffic law enforcement system for any other county or
1894-municipality in the State, then the Department shall approve
1895-or deny the county or municipality's application for that
1896-permit, approval, or other authorization within 90 days after
1897-its receipt.
1898-(t) The Department may revoke any permit, approval, or
1899-other authorization granted to a county or municipality for
1900-the placement, installation, or operation of an automated
1901-
1902-
1903-traffic law enforcement system if any official or employee who
1904-serves that county or municipality is charged with bribery,
1905-official misconduct, or a similar crime related to the
1906-placement, installation, or operation of the automated traffic
1907-law enforcement system in the county or municipality.
1908-The Department shall adopt any rules necessary to
1909-implement and administer this subsection. The rules adopted by
1910-the Department shall describe the revocation process, shall
1911-ensure that notice of the revocation is provided, and shall
1912-provide an opportunity to appeal the revocation. Any county or
1913-municipality that has a permit, approval, or other
1914-authorization revoked under this subsection may not reapply
1915-for such a permit, approval, or other authorization for a
1916-period of 1 year after the revocation.
1917-(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1918-102-905, eff. 1-1-23.)
1919-(Text of Section after amendment by P.A. 102-982)
1920-Sec. 11-208.9. Automated traffic law enforcement system;
1921-approaching, overtaking, and passing a school bus.
1922-(a) As used in this Section, "automated traffic law
1923-enforcement system" means a device with one or more motor
1924-vehicle sensors working in conjunction with the visual signals
1925-on a school bus, as specified in Sections 12-803 and 12-805 of
1926-this Code, to produce recorded images of motor vehicles that
1927-fail to stop before meeting or overtaking, from either
1928-
1929-
1930-direction, any school bus stopped at any location for the
1931-purpose of receiving or discharging pupils in violation of
1932-Section 11-1414 of this Code or a similar provision of a local
1933-ordinance.
1934-An automated traffic law enforcement system is a system,
1935-in a municipality or county operated by a governmental agency,
1936-that produces a recorded image of a motor vehicle's violation
1937-of a provision of this Code or a local ordinance and is
1938-designed to obtain a clear recorded image of the vehicle and
1939-the vehicle's license plate. The recorded image must also
1940-display the time, date, and location of the violation.
1941-(b) As used in this Section, "recorded images" means
1942-images recorded by an automated traffic law enforcement system
1943-on:
1944-(1) 2 or more photographs;
1945-(2) 2 or more microphotographs;
1946-(3) 2 or more electronic images; or
1947-(4) a video recording showing the motor vehicle and,
1948-on at least one image or portion of the recording, clearly
1949-identifying the registration plate or digital registration
1950-plate number of the motor vehicle.
1951-(c) A municipality or county that produces a recorded
1952-image of a motor vehicle's violation of a provision of this
1953-Code or a local ordinance must make the recorded images of a
1954-violation accessible to the alleged violator by providing the
1955-alleged violator with a website address, accessible through
1956-
1957-
1958-the Internet.
1959-(d) For each violation of a provision of this Code or a
1960-local ordinance recorded by an automated traffic law
1961-enforcement system, the county or municipality having
1962-jurisdiction shall issue a written notice of the violation to
1963-the registered owner of the vehicle as the alleged violator.
1964-The notice shall be delivered to the registered owner of the
1965-vehicle, by mail, within 30 days after the Secretary of State
1966-notifies the municipality or county of the identity of the
1967-owner of the vehicle, but in no event later than 90 days after
1968-the violation.
1969-(e) The notice required under subsection (d) shall
1970-include:
1971-(1) the name and address of the registered owner of
1972-the vehicle;
1973-(2) the registration number of the motor vehicle
1974-involved in the violation;
1975-(3) the violation charged;
1976-(4) the location where the violation occurred;
1977-(5) the date and time of the violation;
1978-(6) a copy of the recorded images;
1979-(7) the amount of the civil penalty imposed and the
1980-date by which the civil penalty should be paid;
1981-(8) a statement that recorded images are evidence of a
1982-violation of overtaking or passing a school bus stopped
1983-for the purpose of receiving or discharging pupils;
1984-
1985-
1986-(9) a warning that failure to pay the civil penalty or
1987-to contest liability in a timely manner is an admission of
1988-liability;
1989-(10) a statement that the person may elect to proceed
1990-by:
1991-(A) paying the fine; or
1992-(B) challenging the charge in court, by mail, or
1993-by administrative hearing; and
1994-(11) a website address, accessible through the
1995-Internet, where the person may view the recorded images of
1996-the violation.
1997-(f) (Blank).
1998-(g) Based on inspection of recorded images produced by an
1999-automated traffic law enforcement system, a notice alleging
2000-that the violation occurred shall be evidence of the facts
2001-contained in the notice and admissible in any proceeding
2002-alleging a violation under this Section.
2003-(h) Recorded images made by an automated traffic law
2004-enforcement system are confidential and shall be made
2005-available only to the alleged violator and governmental and
2006-law enforcement agencies for purposes of adjudicating a
2007-violation of this Section, for statistical purposes, or for
2008-other governmental purposes. Any recorded image evidencing a
2009-violation of this Section, however, may be admissible in any
2010-proceeding resulting from the issuance of the citation.
2011-(i) The court or hearing officer may consider in defense
2012-
2013-
2014-of a violation:
2015-(1) that the motor vehicle or registration plates or
2016-digital registration plates of the motor vehicle were
2017-stolen before the violation occurred and not under the
2018-control of or in the possession of the owner or lessee at
2019-the time of the violation;
2020-(1.5) that the motor vehicle was hijacked before the
2021-violation occurred and not under the control of or in the
2022-possession of the owner or lessee at the time of the
2023-violation;
2024-(2) that the driver of the motor vehicle received a
2025-Uniform Traffic Citation from a police officer for a
2026-violation of Section 11-1414 of this Code within
2027-one-eighth of a mile and 15 minutes of the violation that
2028-was recorded by the system;
2029-(3) that the visual signals required by Sections
2030-12-803 and 12-805 of this Code were damaged, not
2031-activated, not present in violation of Sections 12-803 and
2032-12-805, or inoperable; and
2033-(4) any other evidence or issues provided by municipal
2034-or county ordinance.
2035-(j) To demonstrate that the motor vehicle was hijacked or
2036-the motor vehicle or registration plates or digital
2037-registration plates were stolen before the violation occurred
2038-and were not under the control or possession of the owner or
2039-lessee at the time of the violation, the owner or lessee must
2040-
2041-
2042-submit proof that a report concerning the motor vehicle or
2043-registration plates was filed with a law enforcement agency in
2044-a timely manner.
2045-(k) Unless the driver of the motor vehicle received a
2046-Uniform Traffic Citation from a police officer at the time of
2047-the violation, the motor vehicle owner is subject to a civil
2048-penalty not exceeding $150 for a first time violation or $500
2049-for a second or subsequent violation, plus an additional
2050-penalty of not more than $100 for failure to pay the original
2051-penalty in a timely manner, if the motor vehicle is recorded by
2052-an automated traffic law enforcement system. A violation for
2053-which a civil penalty is imposed under this Section is not a
2054-violation of a traffic regulation governing the movement of
2055-vehicles and may not be recorded on the driving record of the
2056-owner of the vehicle, but may be recorded by the municipality
2057-or county for the purpose of determining if a person is subject
2058-to the higher fine for a second or subsequent offense.
2059-(l) A school bus equipped with an automated traffic law
2060-enforcement system must be posted with a sign indicating that
2061-the school bus is being monitored by an automated traffic law
2062-enforcement system.
2063-(m) A municipality or county that has one or more school
2064-buses equipped with an automated traffic law enforcement
2065-system must provide notice to drivers by posting a list of
2066-school districts using school buses equipped with an automated
2067-traffic law enforcement system on the municipality or county
2068-
2069-
2070-website. School districts that have one or more school buses
2071-equipped with an automated traffic law enforcement system must
2072-provide notice to drivers by posting that information on their
2073-websites.
2074-(n) A municipality or county operating an automated
2075-traffic law enforcement system shall conduct a statistical
2076-analysis to assess the safety impact in each school district
2077-using school buses equipped with an automated traffic law
2078-enforcement system following installation of the system and
2079-every 2 years thereafter. A municipality or county operating
2080-an automated speed enforcement system before the effective
2081-date of this amendatory Act of the 103rd General Assembly
2082-shall conduct a statistical analysis to assess the safety
2083-impact of the system by no later than one year after the
2084-effective date of this amendatory Act of the 103rd General
2085-Assembly and every 2 years thereafter. Each The statistical
2086-analysis shall be based upon the best available crash,
2087-traffic, and other data, and shall cover a period of time
2088-before and after installation of the system sufficient to
2089-provide a statistically valid comparison of safety impact.
2090-Each The statistical analysis shall be consistent with
2091-professional judgment and acceptable industry practice. Each
2092-The statistical analysis also shall be consistent with the
2093-data required for valid comparisons of before and after
2094-conditions and shall be conducted within a reasonable period
2095-following the installation of the automated traffic law
2096-
2097-
2098-enforcement system. Each The statistical analysis required by
2099-this subsection shall be made available to the public and
2100-shall be published on the website of the municipality or
2101-county. If a the statistical analysis for the 36-month period
2102-following installation of the system indicates that there has
2103-been an increase in the rate of crashes at the approach to
2104-school buses monitored by the system, the municipality or
2105-county shall undertake additional studies to determine the
2106-cause and severity of the crashes, and may take any action that
2107-it determines is necessary or appropriate to reduce the number
2108-or severity of the crashes involving school buses equipped
2109-with an automated traffic law enforcement system.
2110-(o) The compensation paid for an automated traffic law
2111-enforcement system must be based on the value of the equipment
2112-or the services provided and may not be based on the number of
2113-traffic citations issued or the revenue generated by the
2114-system.
2115-(o-1) No member of the General Assembly and no officer or
2116-employee of a municipality or county shall knowingly accept
2117-employment or receive compensation or fees for services from a
2118-vendor that provides automated traffic law enforcement system
2119-equipment or services to municipalities or counties. No former
2120-member of the General Assembly shall, within a period of 2
2121-years immediately after the termination of service as a member
2122-of the General Assembly, knowingly accept employment or
2123-receive compensation or fees for services from a vendor that
2124-
2125-
2126-provides automated traffic law enforcement system equipment or
2127-services to municipalities or counties. No former officer or
2128-employee of a municipality or county shall, within a period of
2129-2 years immediately after the termination of municipal or
2130-county employment, knowingly accept employment or receive
2131-compensation or fees for services from a vendor that provides
2132-automated traffic law enforcement system equipment or services
2133-to municipalities or counties.
2134-(p) No person who is the lessor of a motor vehicle pursuant
2135-to a written lease agreement shall be liable for an automated
2136-speed or traffic law enforcement system violation involving
2137-such motor vehicle during the period of the lease; provided
2138-that upon the request of the appropriate authority received
2139-within 120 days after the violation occurred, the lessor
2140-provides within 60 days after such receipt the name and
2141-address of the lessee.
2142-Upon the provision of information by the lessor pursuant
2143-to this subsection, the county or municipality may issue the
2144-violation to the lessee of the vehicle in the same manner as it
2145-would issue a violation to a registered owner of a vehicle
2146-pursuant to this Section, and the lessee may be held liable for
2147-the violation.
2148-(q) (Blank).
2149-(r) After a municipality or county enacts an ordinance
2150-providing for automated traffic law enforcement systems under
2151-this Section, each school district within that municipality or
2152-
2153-
2154-county's jurisdiction may implement an automated traffic law
2155-enforcement system under this Section. The elected school
2156-board for that district must approve the implementation of an
2157-automated traffic law enforcement system. The school district
2158-shall be responsible for entering into a contract, approved by
2159-the elected school board of that district, with vendors for
2160-the installation, maintenance, and operation of the automated
2161-traffic law enforcement system. The school district must enter
2162-into an intergovernmental agreement, approved by the elected
2163-school board of that district, with the municipality or county
2164-with jurisdiction over that school district for the
2165-administration of the automated traffic law enforcement
2166-system. The proceeds from a school district's automated
2167-traffic law enforcement system's fines shall be divided
2168-equally between the school district and the municipality or
2169-county administering the automated traffic law enforcement
2170-system.
2171-(s) If a county or municipality changes the vendor it uses
2172-for its automated traffic law enforcement system and must, as
2173-a consequence, apply for a permit, approval, or other
2174-authorization from the Department for reinstallation of one or
2175-more malfunctioning components of that system and if, at the
2176-time of the application, the new vendor operates an automated
2177-traffic law enforcement system for any other county or
2178-municipality in the State, then the Department shall approve
2179-or deny the county or municipality's application for that
2180-
2181-
2182-permit, approval, or other authorization within 90 days after
2183-its receipt.
2184-(t) The Department may revoke any permit, approval, or
2185-other authorization granted to a county or municipality for
2186-the placement, installation, or operation of an automated
2187-traffic law enforcement system if any official or employee who
2188-serves that county or municipality is charged with bribery,
2189-official misconduct, or a similar crime related to the
2190-placement, installation, or operation of the automated traffic
2191-law enforcement system in the county or municipality.
2192-The Department shall adopt any rules necessary to
2193-implement and administer this subsection. The rules adopted by
2194-the Department shall describe the revocation process, shall
2195-ensure that notice of the revocation is provided, and shall
2196-provide an opportunity to appeal the revocation. Any county or
2197-municipality that has a permit, approval, or other
2198-authorization revoked under this subsection may not reapply
2199-for such a permit, approval, or other authorization for a
2200-period of 1 year after the revocation.
2201-(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2202-102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
2203-Section 95. No acceleration or delay. Where this Act makes
2204-changes in a statute that is represented in this Act by text
2205-that is not yet or no longer in effect (for example, a Section
2206-represented by multiple versions), the use of that text does
2207-
2208-
2209-not accelerate or delay the taking effect of (i) the changes
2210-made by this Act or (ii) provisions derived from any other
2211-Public Act.
2212-Section 99. Effective date. This Act takes effect upon
2213-becoming law.
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34+1 enforcement system" have the meanings given to those terms in
35+2 Article II of Chapter 11 of the Illinois Vehicle Code.
36+3 "Vendor-affiliated person" means: (i) any person with an
37+4 ownership interest in excess of 7.5% in a vendor that offers or
38+5 provides equipment or services for automated traffic law
39+6 enforcement, automated speed enforcement, or automated
40+7 railroad grade crossing enforcement systems to municipalities
41+8 or counties; (ii) any person with a distributive share in
42+9 excess of 7.5% in a vendor that offers or provides equipment or
43+10 services for automated traffic law enforcement, automated
44+11 speed enforcement, or automated railroad grade crossing
45+12 enforcement systems to municipalities or counties; (iii) any
46+13 executive employees of a vendor that offers or provides
47+14 equipment or services for automated traffic law enforcement,
48+15 automated speed enforcement, or automated railroad grade
49+16 crossing enforcement systems to municipalities or counties;
50+17 and (iv) the spouse, minor child, or other immediate family
51+18 member living in the residence of any of the persons
52+19 identified in items (i) through (iii).
53+20 Section 10. The Illinois Vehicle Code is amended by
54+21 changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9
55+22 as follows:
56+23 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
57+24 Sec. 11-208.3. Administrative adjudication of violations
58+
59+
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68+1 of traffic regulations concerning the standing, parking, or
69+2 condition of vehicles, automated traffic law violations, and
70+3 automated speed enforcement system violations.
71+4 (a) Any municipality or county may provide by ordinance
72+5 for a system of administrative adjudication of vehicular
73+6 standing and parking violations and vehicle compliance
74+7 violations as described in this subsection, automated traffic
75+8 law violations as defined in Section 11-208.6, 11-208.9, or
76+9 11-1201.1, and automated speed enforcement system violations
77+10 as defined in Section 11-208.8. The administrative system
78+11 shall have as its purpose the fair and efficient enforcement
79+12 of municipal or county regulations through the administrative
80+13 adjudication of automated speed enforcement system or
81+14 automated traffic law violations and violations of municipal
82+15 or county ordinances regulating the standing and parking of
83+16 vehicles, the condition and use of vehicle equipment, and the
84+17 display of municipal or county wheel tax licenses within the
85+18 municipality's or county's borders. The administrative system
86+19 shall only have authority to adjudicate civil offenses
87+20 carrying fines not in excess of $500 or requiring the
88+21 completion of a traffic education program, or both, that occur
89+22 after the effective date of the ordinance adopting such a
90+23 system under this Section. For purposes of this Section,
91+24 "compliance violation" means a violation of a municipal or
92+25 county regulation governing the condition or use of equipment
93+26 on a vehicle or governing the display of a municipal or county
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104+1 wheel tax license.
105+2 (b) Any ordinance establishing a system of administrative
106+3 adjudication under this Section shall provide for:
107+4 (1) A traffic compliance administrator authorized to
108+5 adopt, distribute, and process parking, compliance, and
109+6 automated speed enforcement system or automated traffic
110+7 law violation notices and other notices required by this
111+8 Section, collect money paid as fines and penalties for
112+9 violation of parking and compliance ordinances and
113+10 automated speed enforcement system or automated traffic
114+11 law violations, and operate an administrative adjudication
115+12 system.
116+13 (2) A parking, standing, compliance, automated speed
117+14 enforcement system, or automated traffic law violation
118+15 notice that shall specify or include the date, time, and
119+16 place of violation of a parking, standing, compliance,
120+17 automated speed enforcement system, or automated traffic
121+18 law regulation; the particular regulation violated; any
122+19 requirement to complete a traffic education program; the
123+20 fine and any penalty that may be assessed for late payment
124+21 or failure to complete a required traffic education
125+22 program, or both, when so provided by ordinance; the
126+23 vehicle make or a photograph of the vehicle; the state
127+24 registration number of the vehicle; and the identification
128+25 number of the person issuing the notice. With regard to
129+26 automated speed enforcement system or automated traffic
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140+1 law violations, vehicle make shall be specified on the
141+2 automated speed enforcement system or automated traffic
142+3 law violation notice if the notice does not include a
143+4 photograph of the vehicle and the make is available and
144+5 readily discernible. With regard to municipalities or
145+6 counties with a population of 1 million or more, it shall
146+7 be grounds for dismissal of a parking violation if the
147+8 state registration number or vehicle make specified is
148+9 incorrect. The violation notice shall state that the
149+10 completion of any required traffic education program, the
150+11 payment of any indicated fine, and the payment of any
151+12 applicable penalty for late payment or failure to complete
152+13 a required traffic education program, or both, shall
153+14 operate as a final disposition of the violation. The
154+15 notice also shall contain information as to the
155+16 availability of a hearing in which the violation may be
156+17 contested on its merits. The violation notice shall
157+18 specify the time and manner in which a hearing may be had.
158+19 (3) Service of a parking, standing, or compliance
159+20 violation notice by: (i) affixing the original or a
160+21 facsimile of the notice to an unlawfully parked or
161+22 standing vehicle; (ii) handing the notice to the operator
162+23 of a vehicle if he or she is present; or (iii) mailing the
163+24 notice to the address of the registered owner or lessee of
164+25 the cited vehicle as recorded with the Secretary of State
165+26 or the lessor of the motor vehicle within 30 days after the
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176+1 Secretary of State or the lessor of the motor vehicle
177+2 notifies the municipality or county of the identity of the
178+3 owner or lessee of the vehicle, but not later than 90 days
179+4 after the date of the violation, except that in the case of
180+5 a lessee of a motor vehicle, service of a parking,
181+6 standing, or compliance violation notice may occur no
182+7 later than 210 days after the violation; and service of an
183+8 automated speed enforcement system or automated traffic
184+9 law violation notice by mail to the address of the
185+10 registered owner or lessee of the cited vehicle as
186+11 recorded with the Secretary of State or the lessor of the
187+12 motor vehicle within 30 days after the Secretary of State
188+13 or the lessor of the motor vehicle notifies the
189+14 municipality or county of the identity of the owner or
190+15 lessee of the vehicle, but not later than 90 days after the
191+16 violation, except that in the case of a lessee of a motor
192+17 vehicle, service of an automated traffic law violation
193+18 notice may occur no later than 210 days after the
194+19 violation. A person authorized by ordinance to issue and
195+20 serve parking, standing, and compliance violation notices
196+21 shall certify as to the correctness of the facts entered
197+22 on the violation notice by signing his or her name to the
198+23 notice at the time of service or, in the case of a notice
199+24 produced by a computerized device, by signing a single
200+25 certificate to be kept by the traffic compliance
201+26 administrator attesting to the correctness of all notices
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212+1 produced by the device while it was under his or her
213+2 control. In the case of an automated traffic law
214+3 violation, the ordinance shall require a determination by
215+4 a technician employed or contracted by the municipality or
216+5 county that, based on inspection of recorded images, the
217+6 motor vehicle was being operated in violation of Section
218+7 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
219+8 the technician determines that the vehicle entered the
220+9 intersection as part of a funeral procession or in order
221+10 to yield the right-of-way to an emergency vehicle, a
222+11 citation shall not be issued. In municipalities with a
223+12 population of less than 1,000,000 inhabitants and counties
224+13 with a population of less than 3,000,000 inhabitants, the
225+14 automated traffic law ordinance shall require that all
226+15 determinations by a technician that a motor vehicle was
227+16 being operated in violation of Section 11-208.6, 11-208.9,
228+17 or 11-1201.1 or a local ordinance must be reviewed and
229+18 approved by a law enforcement officer or retired law
230+19 enforcement officer of the municipality or county issuing
231+20 the violation. In municipalities with a population of
232+21 1,000,000 or more inhabitants and counties with a
233+22 population of 3,000,000 or more inhabitants, the automated
234+23 traffic law ordinance shall require that all
235+24 determinations by a technician that a motor vehicle was
236+25 being operated in violation of Section 11-208.6, 11-208.9,
237+26 or 11-1201.1 or a local ordinance must be reviewed and
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248+1 approved by a law enforcement officer or retired law
249+2 enforcement officer of the municipality or county issuing
250+3 the violation or by an additional fully trained reviewing
251+4 technician who is not employed by the contractor who
252+5 employs the technician who made the initial determination.
253+6 In the case of an automated speed enforcement system
254+7 violation, the ordinance shall require a determination by
255+8 a technician employed by the municipality, based upon an
256+9 inspection of recorded images, video or other
257+10 documentation, including documentation of the speed limit
258+11 and automated speed enforcement signage, and documentation
259+12 of the inspection, calibration, and certification of the
260+13 speed equipment, that the vehicle was being operated in
261+14 violation of Article VI of Chapter 11 of this Code or a
262+15 similar local ordinance. If the technician determines that
263+16 the vehicle speed was not determined by a calibrated,
264+17 certified speed equipment device based upon the speed
265+18 equipment documentation, or if the vehicle was an
266+19 emergency vehicle, a citation may not be issued. The
267+20 automated speed enforcement ordinance shall require that
268+21 all determinations by a technician that a violation
269+22 occurred be reviewed and approved by a law enforcement
270+23 officer or retired law enforcement officer of the
271+24 municipality issuing the violation or by an additional
272+25 fully trained reviewing technician who is not employed by
273+26 the contractor who employs the technician who made the
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284+1 initial determination. Routine and independent calibration
285+2 of the speeds produced by automated speed enforcement
286+3 systems and equipment shall be conducted annually by a
287+4 qualified technician. Speeds produced by an automated
288+5 speed enforcement system shall be compared with speeds
289+6 produced by lidar or other independent equipment. Radar or
290+7 lidar equipment shall undergo an internal validation test
291+8 no less frequently than once each week. Qualified
292+9 technicians shall test loop-based equipment no less
293+10 frequently than once a year. Radar equipment shall be
294+11 checked for accuracy by a qualified technician when the
295+12 unit is serviced, when unusual or suspect readings
296+13 persist, or when deemed necessary by a reviewing
297+14 technician. Radar equipment shall be checked with the
298+15 internal frequency generator and the internal circuit test
299+16 whenever the radar is turned on. Technicians must be alert
300+17 for any unusual or suspect readings, and if unusual or
301+18 suspect readings of a radar unit persist, that unit shall
302+19 immediately be removed from service and not returned to
303+20 service until it has been checked by a qualified
304+21 technician and determined to be functioning properly.
305+22 Documentation of the annual calibration results, including
306+23 the equipment tested, test date, technician performing the
307+24 test, and test results, shall be maintained and available
308+25 for use in the determination of an automated speed
309+26 enforcement system violation and issuance of a citation.
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320+1 The technician performing the calibration and testing of
321+2 the automated speed enforcement equipment shall be trained
322+3 and certified in the use of equipment for speed
323+4 enforcement purposes. Training on the speed enforcement
324+5 equipment may be conducted by law enforcement, civilian,
325+6 or manufacturer's personnel and if applicable may be
326+7 equivalent to the equipment use and operations training
327+8 included in the Speed Measuring Device Operator Program
328+9 developed by the National Highway Traffic Safety
329+10 Administration (NHTSA). The vendor or technician who
330+11 performs the work shall keep accurate records on each
331+12 piece of equipment the technician calibrates and tests. As
332+13 used in this paragraph, "fully trained reviewing
333+14 technician" means a person who has received at least 40
334+15 hours of supervised training in subjects which shall
335+16 include image inspection and interpretation, the elements
336+17 necessary to prove a violation, license plate
337+18 identification, and traffic safety and management. In all
338+19 municipalities and counties, the automated speed
339+20 enforcement system or automated traffic law ordinance
340+21 shall require that no additional fee shall be charged to
341+22 the alleged violator for exercising his or her right to an
342+23 administrative hearing, and persons shall be given at
343+24 least 25 days following an administrative hearing to pay
344+25 any civil penalty imposed by a finding that Section
345+26 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
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356+1 local ordinance has been violated. The original or a
357+2 facsimile of the violation notice or, in the case of a
358+3 notice produced by a computerized device, a printed record
359+4 generated by the device showing the facts entered on the
360+5 notice, shall be retained by the traffic compliance
361+6 administrator, and shall be a record kept in the ordinary
362+7 course of business. A parking, standing, compliance,
363+8 automated speed enforcement system, or automated traffic
364+9 law violation notice issued, signed, and served in
365+10 accordance with this Section, a copy of the notice, or the
366+11 computer-generated record shall be prima facie correct and
367+12 shall be prima facie evidence of the correctness of the
368+13 facts shown on the notice. The notice, copy, or
369+14 computer-generated record shall be admissible in any
370+15 subsequent administrative or legal proceedings.
371+16 (4) An opportunity for a hearing for the registered
372+17 owner of the vehicle cited in the parking, standing,
373+18 compliance, automated speed enforcement system, or
374+19 automated traffic law violation notice in which the owner
375+20 may contest the merits of the alleged violation, and
376+21 during which formal or technical rules of evidence shall
377+22 not apply; provided, however, that under Section 11-1306
378+23 of this Code the lessee of a vehicle cited in the violation
379+24 notice likewise shall be provided an opportunity for a
380+25 hearing of the same kind afforded the registered owner.
381+26 The hearings shall be recorded, and the person conducting
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392+1 the hearing on behalf of the traffic compliance
393+2 administrator shall be empowered to administer oaths and
394+3 to secure by subpoena both the attendance and testimony of
395+4 witnesses and the production of relevant books and papers.
396+5 Persons appearing at a hearing under this Section may be
397+6 represented by counsel at their expense. The ordinance may
398+7 also provide for internal administrative review following
399+8 the decision of the hearing officer.
400+9 (5) Service of additional notices, sent by first class
401+10 United States mail, postage prepaid, to the address of the
402+11 registered owner of the cited vehicle as recorded with the
403+12 Secretary of State or, if any notice to that address is
404+13 returned as undeliverable, to the last known address
405+14 recorded in a United States Post Office approved database,
406+15 or, under Section 11-1306 or subsection (p) of Section
407+16 11-208.6 or 11-208.9, or subsection (p) of Section
408+17 11-208.8 of this Code, to the lessee of the cited vehicle
409+18 at the last address known to the lessor of the cited
410+19 vehicle at the time of lease or, if any notice to that
411+20 address is returned as undeliverable, to the last known
412+21 address recorded in a United States Post Office approved
413+22 database. The service shall be deemed complete as of the
414+23 date of deposit in the United States mail. The notices
415+24 shall be in the following sequence and shall include, but
416+25 not be limited to, the information specified herein:
417+26 (i) A second notice of parking, standing, or
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428+1 compliance violation if the first notice of the
429+2 violation was issued by affixing the original or a
430+3 facsimile of the notice to the unlawfully parked
431+4 vehicle or by handing the notice to the operator. This
432+5 notice shall specify or include the date and location
433+6 of the violation cited in the parking, standing, or
434+7 compliance violation notice, the particular regulation
435+8 violated, the vehicle make or a photograph of the
436+9 vehicle, the state registration number of the vehicle,
437+10 any requirement to complete a traffic education
438+11 program, the fine and any penalty that may be assessed
439+12 for late payment or failure to complete a traffic
440+13 education program, or both, when so provided by
441+14 ordinance, the availability of a hearing in which the
442+15 violation may be contested on its merits, and the time
443+16 and manner in which the hearing may be had. The notice
444+17 of violation shall also state that failure to complete
445+18 a required traffic education program, to pay the
446+19 indicated fine and any applicable penalty, or to
447+20 appear at a hearing on the merits in the time and
448+21 manner specified, will result in a final determination
449+22 of violation liability for the cited violation in the
450+23 amount of the fine or penalty indicated, and that,
451+24 upon the occurrence of a final determination of
452+25 violation liability for the failure, and the
453+26 exhaustion of, or failure to exhaust, available
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464+1 administrative or judicial procedures for review, any
465+2 incomplete traffic education program or any unpaid
466+3 fine or penalty, or both, will constitute a debt due
467+4 and owing the municipality or county.
468+5 (ii) A notice of final determination of parking,
469+6 standing, compliance, automated speed enforcement
470+7 system, or automated traffic law violation liability.
471+8 This notice shall be sent following a final
472+9 determination of parking, standing, compliance,
473+10 automated speed enforcement system, or automated
474+11 traffic law violation liability and the conclusion of
475+12 judicial review procedures taken under this Section.
476+13 The notice shall state that the incomplete traffic
477+14 education program or the unpaid fine or penalty, or
478+15 both, is a debt due and owing the municipality or
479+16 county. The notice shall contain warnings that failure
480+17 to complete any required traffic education program or
481+18 to pay any fine or penalty due and owing the
482+19 municipality or county, or both, within the time
483+20 specified may result in the municipality's or county's
484+21 filing of a petition in the Circuit Court to have the
485+22 incomplete traffic education program or unpaid fine or
486+23 penalty, or both, rendered a judgment as provided by
487+24 this Section, or, where applicable, may result in
488+25 suspension of the person's driver's license for
489+26 failure to complete a traffic education program.
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500+1 (6) A notice of impending driver's license suspension.
501+2 This notice shall be sent to the person liable for failure
502+3 to complete a required traffic education program. The
503+4 notice shall state that failure to complete a required
504+5 traffic education program within 45 days of the notice's
505+6 date will result in the municipality or county notifying
506+7 the Secretary of State that the person is eligible for
507+8 initiation of suspension proceedings under Section 6-306.5
508+9 of this Code. The notice shall also state that the person
509+10 may obtain a photostatic copy of an original ticket
510+11 imposing a fine or penalty by sending a self-addressed,
511+12 stamped envelope to the municipality or county along with
512+13 a request for the photostatic copy. The notice of
513+14 impending driver's license suspension shall be sent by
514+15 first class United States mail, postage prepaid, to the
515+16 address recorded with the Secretary of State or, if any
516+17 notice to that address is returned as undeliverable, to
517+18 the last known address recorded in a United States Post
518+19 Office approved database.
519+20 (7) Final determinations of violation liability. A
520+21 final determination of violation liability shall occur
521+22 following failure to complete the required traffic
522+23 education program or to pay the fine or penalty, or both,
523+24 after a hearing officer's determination of violation
524+25 liability and the exhaustion of or failure to exhaust any
525+26 administrative review procedures provided by ordinance.
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536+1 Where a person fails to appear at a hearing to contest the
537+2 alleged violation in the time and manner specified in a
538+3 prior mailed notice, the hearing officer's determination
539+4 of violation liability shall become final: (A) upon denial
540+5 of a timely petition to set aside that determination, or
541+6 (B) upon expiration of the period for filing the petition
542+7 without a filing having been made.
543+8 (8) A petition to set aside a determination of
544+9 parking, standing, compliance, automated speed enforcement
545+10 system, or automated traffic law violation liability that
546+11 may be filed by a person owing an unpaid fine or penalty. A
547+12 petition to set aside a determination of liability may
548+13 also be filed by a person required to complete a traffic
549+14 education program. The petition shall be filed with and
550+15 ruled upon by the traffic compliance administrator in the
551+16 manner and within the time specified by ordinance. The
552+17 grounds for the petition may be limited to: (A) the person
553+18 not having been the owner or lessee of the cited vehicle on
554+19 the date the violation notice was issued, (B) the person
555+20 having already completed the required traffic education
556+21 program or paid the fine or penalty, or both, for the
557+22 violation in question, and (C) excusable failure to appear
558+23 at or request a new date for a hearing. With regard to
559+24 municipalities or counties with a population of 1 million
560+25 or more, it shall be grounds for dismissal of a parking
561+26 violation if the state registration number or vehicle
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572+1 make, only if specified in the violation notice, is
573+2 incorrect. After the determination of parking, standing,
574+3 compliance, automated speed enforcement system, or
575+4 automated traffic law violation liability has been set
576+5 aside upon a showing of just cause, the registered owner
577+6 shall be provided with a hearing on the merits for that
578+7 violation.
579+8 (9) Procedures for non-residents. Procedures by which
580+9 persons who are not residents of the municipality or
581+10 county may contest the merits of the alleged violation
582+11 without attending a hearing.
583+12 (10) A schedule of civil fines for violations of
584+13 vehicular standing, parking, compliance, automated speed
585+14 enforcement system, or automated traffic law regulations
586+15 enacted by ordinance pursuant to this Section, and a
587+16 schedule of penalties for late payment of the fines or
588+17 failure to complete required traffic education programs,
589+18 provided, however, that the total amount of the fine and
590+19 penalty for any one violation shall not exceed $250,
591+20 except as provided in subsection (c) of Section 11-1301.3
592+21 of this Code.
593+22 (11) Other provisions as are necessary and proper to
594+23 carry into effect the powers granted and purposes stated
595+24 in this Section.
596+25 (b-5) An automated speed enforcement system or automated
597+26 traffic law ordinance adopted under this Section by a
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608+1 municipality or county shall require that the determination to
609+2 issue a citation be vested solely with the municipality or
610+3 county and that such authority may not be delegated to any
611+4 vendor retained by the municipality or county. Any contract or
612+5 agreement violating such a provision in the ordinance is null
613+6 and void.
614+7 (c) Any municipality or county establishing vehicular
615+8 standing, parking, compliance, automated speed enforcement
616+9 system, or automated traffic law regulations under this
617+10 Section may also provide by ordinance for a program of vehicle
618+11 immobilization for the purpose of facilitating enforcement of
619+12 those regulations. The program of vehicle immobilization shall
620+13 provide for immobilizing any eligible vehicle upon the public
621+14 way by presence of a restraint in a manner to prevent operation
622+15 of the vehicle. Any ordinance establishing a program of
623+16 vehicle immobilization under this Section shall provide:
624+17 (1) Criteria for the designation of vehicles eligible
625+18 for immobilization. A vehicle shall be eligible for
626+19 immobilization when the registered owner of the vehicle
627+20 has accumulated the number of incomplete traffic education
628+21 programs or unpaid final determinations of parking,
629+22 standing, compliance, automated speed enforcement system,
630+23 or automated traffic law violation liability, or both, as
631+24 determined by ordinance.
632+25 (2) A notice of impending vehicle immobilization and a
633+26 right to a hearing to challenge the validity of the notice
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644+1 by disproving liability for the incomplete traffic
645+2 education programs or unpaid final determinations of
646+3 parking, standing, compliance, automated speed enforcement
647+4 system, or automated traffic law violation liability, or
648+5 both, listed on the notice.
649+6 (3) The right to a prompt hearing after a vehicle has
650+7 been immobilized or subsequently towed without the
651+8 completion of the required traffic education program or
652+9 payment of the outstanding fines and penalties on parking,
653+10 standing, compliance, automated speed enforcement system,
654+11 or automated traffic law violations, or both, for which
655+12 final determinations have been issued. An order issued
656+13 after the hearing is a final administrative decision
657+14 within the meaning of Section 3-101 of the Code of Civil
658+15 Procedure.
659+16 (4) A post immobilization and post-towing notice
660+17 advising the registered owner of the vehicle of the right
661+18 to a hearing to challenge the validity of the impoundment.
662+19 (d) Judicial review of final determinations of parking,
663+20 standing, compliance, automated speed enforcement system, or
664+21 automated traffic law violations and final administrative
665+22 decisions issued after hearings regarding vehicle
666+23 immobilization and impoundment made under this Section shall
667+24 be subject to the provisions of the Administrative Review Law.
668+25 (e) Any fine, penalty, incomplete traffic education
669+26 program, or part of any fine or any penalty remaining unpaid
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680+1 after the exhaustion of, or the failure to exhaust,
681+2 administrative remedies created under this Section and the
682+3 conclusion of any judicial review procedures shall be a debt
683+4 due and owing the municipality or county and, as such, may be
684+5 collected in accordance with applicable law. Completion of any
685+6 required traffic education program and payment in full of any
686+7 fine or penalty resulting from a standing, parking,
687+8 compliance, automated speed enforcement system, or automated
688+9 traffic law violation shall constitute a final disposition of
689+10 that violation.
690+11 (f) After the expiration of the period within which
691+12 judicial review may be sought for a final determination of
692+13 parking, standing, compliance, automated speed enforcement
693+14 system, or automated traffic law violation, the municipality
694+15 or county may commence a proceeding in the Circuit Court for
695+16 purposes of obtaining a judgment on the final determination of
696+17 violation. Nothing in this Section shall prevent a
697+18 municipality or county from consolidating multiple final
698+19 determinations of parking, standing, compliance, automated
699+20 speed enforcement system, or automated traffic law violations
700+21 against a person in a proceeding. Upon commencement of the
701+22 action, the municipality or county shall file a certified copy
702+23 or record of the final determination of parking, standing,
703+24 compliance, automated speed enforcement system, or automated
704+25 traffic law violation, which shall be accompanied by a
705+26 certification that recites facts sufficient to show that the
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716+1 final determination of violation was issued in accordance with
717+2 this Section and the applicable municipal or county ordinance.
718+3 Service of the summons and a copy of the petition may be by any
719+4 method provided by Section 2-203 of the Code of Civil
720+5 Procedure or by certified mail, return receipt requested,
721+6 provided that the total amount of fines and penalties for
722+7 final determinations of parking, standing, compliance,
723+8 automated speed enforcement system, or automated traffic law
724+9 violations does not exceed $2500. If the court is satisfied
725+10 that the final determination of parking, standing, compliance,
726+11 automated speed enforcement system, or automated traffic law
727+12 violation was entered in accordance with the requirements of
728+13 this Section and the applicable municipal or county ordinance,
729+14 and that the registered owner or the lessee, as the case may
730+15 be, had an opportunity for an administrative hearing and for
731+16 judicial review as provided in this Section, the court shall
732+17 render judgment in favor of the municipality or county and
733+18 against the registered owner or the lessee for the amount
734+19 indicated in the final determination of parking, standing,
735+20 compliance, automated speed enforcement system, or automated
736+21 traffic law violation, plus costs. The judgment shall have the
737+22 same effect and may be enforced in the same manner as other
738+23 judgments for the recovery of money.
739+24 (g) The fee for participating in a traffic education
740+25 program under this Section shall not exceed $25.
741+26 A low-income individual required to complete a traffic
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752+1 education program under this Section who provides proof of
753+2 eligibility for the federal earned income tax credit under
754+3 Section 32 of the Internal Revenue Code or the Illinois earned
755+4 income tax credit under Section 212 of the Illinois Income Tax
756+5 Act shall not be required to pay any fee for participating in a
757+6 required traffic education program.
758+7 (h) Notwithstanding any other provision of law to the
759+8 contrary, a person shall not be liable for violations, fees,
760+9 fines, or penalties under this Section during the period in
761+10 which the motor vehicle was stolen or hijacked, as indicated
762+11 in a report to the appropriate law enforcement agency filed in
763+12 a timely manner.
764+13 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
765+14 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
766+15 1-1-23.)
767+16 (625 ILCS 5/11-208.6)
768+17 (Text of Section before amendment by P.A. 102-982)
769+18 Sec. 11-208.6. Automated traffic law enforcement system.
770+19 (a) As used in this Section, "automated traffic law
771+20 enforcement system" means a device with one or more motor
772+21 vehicle sensors working in conjunction with a red light signal
773+22 to produce recorded images of motor vehicles entering an
774+23 intersection against a red signal indication in violation of
775+24 Section 11-306 of this Code or a similar provision of a local
776+25 ordinance.
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787+1 An automated traffic law enforcement system is a system,
788+2 in a municipality or county operated by a governmental agency,
789+3 that produces a recorded image of a motor vehicle's violation
790+4 of a provision of this Code or a local ordinance and is
791+5 designed to obtain a clear recorded image of the vehicle and
792+6 the vehicle's license plate. The recorded image must also
793+7 display the time, date, and location of the violation.
794+8 (b) As used in this Section, "recorded images" means
795+9 images recorded by an automated traffic law enforcement system
796+10 on:
797+11 (1) 2 or more photographs;
798+12 (2) 2 or more microphotographs;
799+13 (3) 2 or more electronic images; or
800+14 (4) a video recording showing the motor vehicle and,
801+15 on at least one image or portion of the recording, clearly
802+16 identifying the registration plate or digital registration
803+17 plate number of the motor vehicle.
804+18 (b-5) A municipality or county that produces a recorded
805+19 image of a motor vehicle's violation of a provision of this
806+20 Code or a local ordinance must make the recorded images of a
807+21 violation accessible to the alleged violator by providing the
808+22 alleged violator with a website address, accessible through
809+23 the Internet.
810+24 (c) Except as provided under Section 11-208.8 of this
811+25 Code, a county or municipality, including a home rule county
812+26 or municipality, may not use an automated traffic law
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823+1 enforcement system to provide recorded images of a motor
824+2 vehicle for the purpose of recording its speed. Except as
825+3 provided under Section 11-208.8 of this Code, the regulation
826+4 of the use of automated traffic law enforcement systems to
827+5 record vehicle speeds is an exclusive power and function of
828+6 the State. This subsection (c) is a denial and limitation of
829+7 home rule powers and functions under subsection (h) of Section
830+8 6 of Article VII of the Illinois Constitution.
831+9 (c-5) A county or municipality, including a home rule
832+10 county or municipality, may not use an automated traffic law
833+11 enforcement system to issue violations in instances where the
834+12 motor vehicle comes to a complete stop and does not enter the
835+13 intersection, as defined by Section 1-132 of this Code, during
836+14 the cycle of the red signal indication unless one or more
837+15 pedestrians or bicyclists are present, even if the motor
838+16 vehicle stops at a point past a stop line or crosswalk where a
839+17 driver is required to stop, as specified in subsection (c) of
840+18 Section 11-306 of this Code or a similar provision of a local
841+19 ordinance.
842+20 (c-6) A county, or a municipality with less than 2,000,000
843+21 inhabitants, including a home rule county or municipality, may
844+22 not use an automated traffic law enforcement system to issue
845+23 violations in instances where a motorcyclist enters an
846+24 intersection against a red signal indication when the red
847+25 signal fails to change to a green signal within a reasonable
848+26 period of time not less than 120 seconds because of a signal
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859+1 malfunction or because the signal has failed to detect the
860+2 arrival of the motorcycle due to the motorcycle's size or
861+3 weight.
862+4 (d) For each violation of a provision of this Code or a
863+5 local ordinance recorded by an automatic traffic law
864+6 enforcement system, the county or municipality having
865+7 jurisdiction shall issue a written notice of the violation to
866+8 the registered owner of the vehicle as the alleged violator.
867+9 The notice shall be delivered to the registered owner of the
868+10 vehicle, by mail, within 30 days after the Secretary of State
869+11 notifies the municipality or county of the identity of the
870+12 owner of the vehicle, but in no event later than 90 days after
871+13 the violation.
872+14 The notice shall include:
873+15 (1) the name and address of the registered owner of
874+16 the vehicle;
875+17 (2) the registration number of the motor vehicle
876+18 involved in the violation;
877+19 (3) the violation charged;
878+20 (4) the location where the violation occurred;
879+21 (5) the date and time of the violation;
880+22 (6) a copy of the recorded images;
881+23 (7) the amount of the civil penalty imposed and the
882+24 requirements of any traffic education program imposed and
883+25 the date by which the civil penalty should be paid and the
884+26 traffic education program should be completed;
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895+1 (8) a statement that recorded images are evidence of a
896+2 violation of a red light signal;
897+3 (9) a warning that failure to pay the civil penalty,
898+4 to complete a required traffic education program, or to
899+5 contest liability in a timely manner is an admission of
900+6 liability;
901+7 (10) a statement that the person may elect to proceed
902+8 by:
903+9 (A) paying the fine, completing a required traffic
904+10 education program, or both; or
905+11 (B) challenging the charge in court, by mail, or
906+12 by administrative hearing; and
907+13 (11) a website address, accessible through the
908+14 Internet, where the person may view the recorded images of
909+15 the violation.
910+16 (e) (Blank).
911+17 (f) Based on inspection of recorded images produced by an
912+18 automated traffic law enforcement system, a notice alleging
913+19 that the violation occurred shall be evidence of the facts
914+20 contained in the notice and admissible in any proceeding
915+21 alleging a violation under this Section.
916+22 (g) Recorded images made by an automatic traffic law
917+23 enforcement system are confidential and shall be made
918+24 available only to the alleged violator and governmental and
919+25 law enforcement agencies for purposes of adjudicating a
920+26 violation of this Section, for statistical purposes, or for
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931+1 other governmental purposes. Any recorded image evidencing a
932+2 violation of this Section, however, may be admissible in any
933+3 proceeding resulting from the issuance of the citation.
934+4 (h) The court or hearing officer may consider in defense
935+5 of a violation:
936+6 (1) that the motor vehicle or registration plates or
937+7 digital registration plates of the motor vehicle were
938+8 stolen before the violation occurred and not under the
939+9 control of or in the possession of the owner or lessee at
940+10 the time of the violation;
941+11 (1.5) that the motor vehicle was hijacked before the
942+12 violation occurred and not under the control of or in the
943+13 possession of the owner or lessee at the time of the
944+14 violation;
945+15 (2) that the driver of the vehicle passed through the
946+16 intersection when the light was red either (i) in order to
947+17 yield the right-of-way to an emergency vehicle or (ii) as
948+18 part of a funeral procession; and
949+19 (3) any other evidence or issues provided by municipal
950+20 or county ordinance.
951+21 (i) To demonstrate that the motor vehicle was hijacked or
952+22 the motor vehicle or registration plates or digital
953+23 registration plates were stolen before the violation occurred
954+24 and were not under the control or possession of the owner or
955+25 lessee at the time of the violation, the owner or lessee must
956+26 submit proof that a report concerning the motor vehicle or
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967+1 registration plates was filed with a law enforcement agency in
968+2 a timely manner.
969+3 (j) Unless the driver of the motor vehicle received a
970+4 Uniform Traffic Citation from a police officer at the time of
971+5 the violation, the motor vehicle owner is subject to a civil
972+6 penalty not exceeding $100 or the completion of a traffic
973+7 education program, or both, plus an additional penalty of not
974+8 more than $100 for failure to pay the original penalty or to
975+9 complete a required traffic education program, or both, in a
976+10 timely manner, if the motor vehicle is recorded by an
977+11 automated traffic law enforcement system. A violation for
978+12 which a civil penalty is imposed under this Section is not a
979+13 violation of a traffic regulation governing the movement of
980+14 vehicles and may not be recorded on the driving record of the
981+15 owner of the vehicle.
982+16 (j-3) A registered owner who is a holder of a valid
983+17 commercial driver's license is not required to complete a
984+18 traffic education program.
985+19 (j-5) For purposes of the required traffic education
986+20 program only, a registered owner may submit an affidavit to
987+21 the court or hearing officer swearing that at the time of the
988+22 alleged violation, the vehicle was in the custody and control
989+23 of another person. The affidavit must identify the person in
990+24 custody and control of the vehicle, including the person's
991+25 name and current address. The person in custody and control of
992+26 the vehicle at the time of the violation is required to
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1003+1 complete the required traffic education program. If the person
1004+2 in custody and control of the vehicle at the time of the
1005+3 violation completes the required traffic education program,
1006+4 the registered owner of the vehicle is not required to
1007+5 complete a traffic education program.
1008+6 (k) An intersection equipped with an automated traffic law
1009+7 enforcement system must be posted with a sign visible to
1010+8 approaching traffic indicating that the intersection is being
1011+9 monitored by an automated traffic law enforcement system and
1012+10 informing drivers whether, following a stop, a right turn at
1013+11 the intersection is permitted or prohibited.
1014+12 (k-3) A municipality or county that has one or more
1015+13 intersections equipped with an automated traffic law
1016+14 enforcement system must provide notice to drivers by posting
1017+15 the locations of automated traffic law systems on the
1018+16 municipality or county website.
1019+17 (k-5) An intersection equipped with an automated traffic
1020+18 law enforcement system must have a yellow change interval that
1021+19 conforms with the Illinois Manual on Uniform Traffic Control
1022+20 Devices (IMUTCD) published by the Illinois Department of
1023+21 Transportation. Beginning 6 months before it installs an
1024+22 automated traffic law enforcement system at an intersection, a
1025+23 county or municipality may not change the yellow change
1026+24 interval at that intersection.
1027+25 (k-7) A municipality or county operating an automated
1028+26 traffic law enforcement system shall conduct a statistical
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1039+1 analysis to assess the safety impact of each automated traffic
1040+2 law enforcement system at an intersection following
1041+3 installation of the system and every 2 years thereafter. Each
1042+4 The statistical analysis shall be based upon the best
1043+5 available crash, traffic, and other data, and shall cover a
1044+6 period of time before and after installation of the system
1045+7 sufficient to provide a statistically valid comparison of
1046+8 safety impact. Each The statistical analysis shall be
1047+9 consistent with professional judgment and acceptable industry
1048+10 practice. Each The statistical analysis also shall be
1049+11 consistent with the data required for valid comparisons of
1050+12 before and after conditions and shall be conducted within a
1051+13 reasonable period following the installation of the automated
1052+14 traffic law enforcement system. Each The statistical analysis
1053+15 required by this subsection (k-7) shall be made available to
1054+16 the public and shall be published on the website of the
1055+17 municipality or county. If a the statistical analysis for the
1056+18 36 month period following installation of the system indicates
1057+19 that there has been an increase in the rate of accidents at the
1058+20 approach to the intersection monitored by the system, the
1059+21 municipality or county shall undertake additional studies to
1060+22 determine the cause and severity of the accidents, and may
1061+23 take any action that it determines is necessary or appropriate
1062+24 to reduce the number or severity of the accidents at that
1063+25 intersection.
1064+26 (k-8) Any municipality or county operating an automated
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1075+1 traffic law enforcement system before the effective date of
1076+2 this amendatory Act of the 103rd General Assembly shall
1077+3 conduct a statistical analysis to assess the safety impact of
1078+4 each automated traffic law enforcement system at an
1079+5 intersection by no later than one year after the effective
1080+6 date of this amendatory Act of the 103rd General Assembly and
1081+7 every 2 years thereafter. The statistical analyses shall be
1082+8 based upon the best available crash, traffic, and other data,
1083+9 and shall cover a period of time before and after installation
1084+10 of the system sufficient to provide a statistically valid
1085+11 comparison of safety impact. The statistical analyses shall be
1086+12 consistent with professional judgment and acceptable industry
1087+13 practice. The statistical analyses also shall be consistent
1088+14 with the data required for valid comparisons of before and
1089+15 after conditions. The statistical analyses required by this
1090+16 subsection shall be made available to the public and shall be
1091+17 published on the website of the municipality or county. If the
1092+18 statistical analysis for any period following installation of
1093+19 the system indicates that there has been an increase in the
1094+20 rate of accidents at the approach to the intersection
1095+21 monitored by the system, the municipality or county shall
1096+22 undertake additional studies to determine the cause and
1097+23 severity of the accidents, and may take any action that it
1098+24 determines is necessary or appropriate to reduce the number or
1099+25 severity of the accidents at that intersection.
1100+26 (l) The compensation paid for an automated traffic law
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1111+1 enforcement system must be based on the value of the equipment
1112+2 or the services provided and may not be based on the number of
1113+3 traffic citations issued or the revenue generated by the
1114+4 system.
1115+5 (l-1) No member of the General Assembly and no officer or
1116+6 employee of a municipality or county shall knowingly accept
1117+7 employment or receive compensation or fees for services from a
1118+8 vendor that provides automated traffic law enforcement system
1119+9 equipment or services to municipalities or counties. No former
1120+10 member of the General Assembly shall, within a period of 2
1121+11 years immediately after the termination of service as a member
1122+12 of the General Assembly, knowingly accept employment or
1123+13 receive compensation or fees for services from a vendor that
1124+14 provides automated traffic law enforcement system equipment or
1125+15 services to municipalities or counties. No former officer or
1126+16 employee of a municipality or county shall, within a period of
1127+17 2 years immediately after the termination of municipal or
1128+18 county employment, knowingly accept employment or receive
1129+19 compensation or fees for services from a vendor that provides
1130+20 automated traffic law enforcement system equipment or services
1131+21 to municipalities or counties.
1132+22 (m) This Section applies only to the counties of Cook,
1133+23 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
1134+24 to municipalities located within those counties.
1135+25 (n) The fee for participating in a traffic education
1136+26 program under this Section shall not exceed $25.
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1147+1 A low-income individual required to complete a traffic
1148+2 education program under this Section who provides proof of
1149+3 eligibility for the federal earned income tax credit under
1150+4 Section 32 of the Internal Revenue Code or the Illinois earned
1151+5 income tax credit under Section 212 of the Illinois Income Tax
1152+6 Act shall not be required to pay any fee for participating in a
1153+7 required traffic education program.
1154+8 (o) (Blank).
1155+9 (p) No person who is the lessor of a motor vehicle pursuant
1156+10 to a written lease agreement shall be liable for an automated
1157+11 speed or traffic law enforcement system violation involving
1158+12 such motor vehicle during the period of the lease; provided
1159+13 that upon the request of the appropriate authority received
1160+14 within 120 days after the violation occurred, the lessor
1161+15 provides within 60 days after such receipt the name and
1162+16 address of the lessee.
1163+17 Upon the provision of information by the lessor pursuant
1164+18 to this subsection, the county or municipality may issue the
1165+19 violation to the lessee of the vehicle in the same manner as it
1166+20 would issue a violation to a registered owner of a vehicle
1167+21 pursuant to this Section, and the lessee may be held liable for
1168+22 the violation.
1169+23 (q) If a county or municipality selects a new vendor for
1170+24 its automated traffic law enforcement system and must, as a
1171+25 consequence, apply for a permit, approval, or other
1172+26 authorization from the Department for reinstallation of one or
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1183+1 more malfunctioning components of that system and if, at the
1184+2 time of the application for the permit, approval, or other
1185+3 authorization, the new vendor operates an automated traffic
1186+4 law enforcement system for any other county or municipality in
1187+5 the State, then the Department shall approve or deny the
1188+6 county or municipality's application for the permit, approval,
1189+7 or other authorization within 90 days after its receipt.
1190+8 (r) The Department may revoke any permit, approval, or
1191+9 other authorization granted to a county or municipality for
1192+10 the placement, installation, or operation of an automated
1193+11 traffic law enforcement system if any official or employee who
1194+12 serves that county or municipality is charged with bribery,
1195+13 official misconduct, or a similar crime related to the
1196+14 placement, installation, or operation of the automated traffic
1197+15 law enforcement system in the county or municipality.
1198+16 The Department shall adopt any rules necessary to
1199+17 implement and administer this subsection. The rules adopted by
1200+18 the Department shall describe the revocation process, shall
1201+19 ensure that notice of the revocation is provided, and shall
1202+20 provide an opportunity to appeal the revocation. Any county or
1203+21 municipality that has a permit, approval, or other
1204+22 authorization revoked under this subsection may not reapply
1205+23 for such a permit, approval, or other authorization for a
1206+24 period of 1 year after the revocation.
1207+25 (s) If an automated traffic law enforcement system is
1208+26 removed or rendered inoperable due to construction, then the
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1219+1 Department shall authorize the reinstallation or use of the
1220+2 automated traffic law enforcement system within 30 days after
1221+3 the construction is complete.
1222+4 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1223+5 102-905, eff. 1-1-23; revised 12-14-22.)
1224+6 (Text of Section after amendment by P.A. 102-982)
1225+7 Sec. 11-208.6. Automated traffic law enforcement system.
1226+8 (a) As used in this Section, "automated traffic law
1227+9 enforcement system" means a device with one or more motor
1228+10 vehicle sensors working in conjunction with a red light signal
1229+11 to produce recorded images of motor vehicles entering an
1230+12 intersection against a red signal indication in violation of
1231+13 Section 11-306 of this Code or a similar provision of a local
1232+14 ordinance.
1233+15 An automated traffic law enforcement system is a system,
1234+16 in a municipality or county operated by a governmental agency,
1235+17 that produces a recorded image of a motor vehicle's violation
1236+18 of a provision of this Code or a local ordinance and is
1237+19 designed to obtain a clear recorded image of the vehicle and
1238+20 the vehicle's license plate. The recorded image must also
1239+21 display the time, date, and location of the violation.
1240+22 (b) As used in this Section, "recorded images" means
1241+23 images recorded by an automated traffic law enforcement system
1242+24 on:
1243+25 (1) 2 or more photographs;
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1254+1 (2) 2 or more microphotographs;
1255+2 (3) 2 or more electronic images; or
1256+3 (4) a video recording showing the motor vehicle and,
1257+4 on at least one image or portion of the recording, clearly
1258+5 identifying the registration plate or digital registration
1259+6 plate number of the motor vehicle.
1260+7 (b-5) A municipality or county that produces a recorded
1261+8 image of a motor vehicle's violation of a provision of this
1262+9 Code or a local ordinance must make the recorded images of a
1263+10 violation accessible to the alleged violator by providing the
1264+11 alleged violator with a website address, accessible through
1265+12 the Internet.
1266+13 (c) Except as provided under Section 11-208.8 of this
1267+14 Code, a county or municipality, including a home rule county
1268+15 or municipality, may not use an automated traffic law
1269+16 enforcement system to provide recorded images of a motor
1270+17 vehicle for the purpose of recording its speed. Except as
1271+18 provided under Section 11-208.8 of this Code, the regulation
1272+19 of the use of automated traffic law enforcement systems to
1273+20 record vehicle speeds is an exclusive power and function of
1274+21 the State. This subsection (c) is a denial and limitation of
1275+22 home rule powers and functions under subsection (h) of Section
1276+23 6 of Article VII of the Illinois Constitution.
1277+24 (c-5) A county or municipality, including a home rule
1278+25 county or municipality, may not use an automated traffic law
1279+26 enforcement system to issue violations in instances where the
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1290+1 motor vehicle comes to a complete stop and does not enter the
1291+2 intersection, as defined by Section 1-132 of this Code, during
1292+3 the cycle of the red signal indication unless one or more
1293+4 pedestrians or bicyclists are present, even if the motor
1294+5 vehicle stops at a point past a stop line or crosswalk where a
1295+6 driver is required to stop, as specified in subsection (c) of
1296+7 Section 11-306 of this Code or a similar provision of a local
1297+8 ordinance.
1298+9 (c-6) A county, or a municipality with less than 2,000,000
1299+10 inhabitants, including a home rule county or municipality, may
1300+11 not use an automated traffic law enforcement system to issue
1301+12 violations in instances where a motorcyclist enters an
1302+13 intersection against a red signal indication when the red
1303+14 signal fails to change to a green signal within a reasonable
1304+15 period of time not less than 120 seconds because of a signal
1305+16 malfunction or because the signal has failed to detect the
1306+17 arrival of the motorcycle due to the motorcycle's size or
1307+18 weight.
1308+19 (d) For each violation of a provision of this Code or a
1309+20 local ordinance recorded by an automatic traffic law
1310+21 enforcement system, the county or municipality having
1311+22 jurisdiction shall issue a written notice of the violation to
1312+23 the registered owner of the vehicle as the alleged violator.
1313+24 The notice shall be delivered to the registered owner of the
1314+25 vehicle, by mail, within 30 days after the Secretary of State
1315+26 notifies the municipality or county of the identity of the
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1326+1 owner of the vehicle, but in no event later than 90 days after
1327+2 the violation.
1328+3 The notice shall include:
1329+4 (1) the name and address of the registered owner of
1330+5 the vehicle;
1331+6 (2) the registration number of the motor vehicle
1332+7 involved in the violation;
1333+8 (3) the violation charged;
1334+9 (4) the location where the violation occurred;
1335+10 (5) the date and time of the violation;
1336+11 (6) a copy of the recorded images;
1337+12 (7) the amount of the civil penalty imposed and the
1338+13 requirements of any traffic education program imposed and
1339+14 the date by which the civil penalty should be paid and the
1340+15 traffic education program should be completed;
1341+16 (8) a statement that recorded images are evidence of a
1342+17 violation of a red light signal;
1343+18 (9) a warning that failure to pay the civil penalty,
1344+19 to complete a required traffic education program, or to
1345+20 contest liability in a timely manner is an admission of
1346+21 liability;
1347+22 (10) a statement that the person may elect to proceed
1348+23 by:
1349+24 (A) paying the fine, completing a required traffic
1350+25 education program, or both; or
1351+26 (B) challenging the charge in court, by mail, or
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1362+1 by administrative hearing; and
1363+2 (11) a website address, accessible through the
1364+3 Internet, where the person may view the recorded images of
1365+4 the violation.
1366+5 (e) (Blank).
1367+6 (f) Based on inspection of recorded images produced by an
1368+7 automated traffic law enforcement system, a notice alleging
1369+8 that the violation occurred shall be evidence of the facts
1370+9 contained in the notice and admissible in any proceeding
1371+10 alleging a violation under this Section.
1372+11 (g) Recorded images made by an automatic traffic law
1373+12 enforcement system are confidential and shall be made
1374+13 available only to the alleged violator and governmental and
1375+14 law enforcement agencies for purposes of adjudicating a
1376+15 violation of this Section, for statistical purposes, or for
1377+16 other governmental purposes. Any recorded image evidencing a
1378+17 violation of this Section, however, may be admissible in any
1379+18 proceeding resulting from the issuance of the citation.
1380+19 (h) The court or hearing officer may consider in defense
1381+20 of a violation:
1382+21 (1) that the motor vehicle or registration plates or
1383+22 digital registration plates of the motor vehicle were
1384+23 stolen before the violation occurred and not under the
1385+24 control of or in the possession of the owner or lessee at
1386+25 the time of the violation;
1387+26 (1.5) that the motor vehicle was hijacked before the
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1398+1 violation occurred and not under the control of or in the
1399+2 possession of the owner or lessee at the time of the
1400+3 violation;
1401+4 (2) that the driver of the vehicle passed through the
1402+5 intersection when the light was red either (i) in order to
1403+6 yield the right-of-way to an emergency vehicle or (ii) as
1404+7 part of a funeral procession; and
1405+8 (3) any other evidence or issues provided by municipal
1406+9 or county ordinance.
1407+10 (i) To demonstrate that the motor vehicle was hijacked or
1408+11 the motor vehicle or registration plates or digital
1409+12 registration plates were stolen before the violation occurred
1410+13 and were not under the control or possession of the owner or
1411+14 lessee at the time of the violation, the owner or lessee must
1412+15 submit proof that a report concerning the motor vehicle or
1413+16 registration plates was filed with a law enforcement agency in
1414+17 a timely manner.
1415+18 (j) Unless the driver of the motor vehicle received a
1416+19 Uniform Traffic Citation from a police officer at the time of
1417+20 the violation, the motor vehicle owner is subject to a civil
1418+21 penalty not exceeding $100 or the completion of a traffic
1419+22 education program, or both, plus an additional penalty of not
1420+23 more than $100 for failure to pay the original penalty or to
1421+24 complete a required traffic education program, or both, in a
1422+25 timely manner, if the motor vehicle is recorded by an
1423+26 automated traffic law enforcement system. A violation for
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1434+1 which a civil penalty is imposed under this Section is not a
1435+2 violation of a traffic regulation governing the movement of
1436+3 vehicles and may not be recorded on the driving record of the
1437+4 owner of the vehicle.
1438+5 (j-3) A registered owner who is a holder of a valid
1439+6 commercial driver's license is not required to complete a
1440+7 traffic education program.
1441+8 (j-5) For purposes of the required traffic education
1442+9 program only, a registered owner may submit an affidavit to
1443+10 the court or hearing officer swearing that at the time of the
1444+11 alleged violation, the vehicle was in the custody and control
1445+12 of another person. The affidavit must identify the person in
1446+13 custody and control of the vehicle, including the person's
1447+14 name and current address. The person in custody and control of
1448+15 the vehicle at the time of the violation is required to
1449+16 complete the required traffic education program. If the person
1450+17 in custody and control of the vehicle at the time of the
1451+18 violation completes the required traffic education program,
1452+19 the registered owner of the vehicle is not required to
1453+20 complete a traffic education program.
1454+21 (k) An intersection equipped with an automated traffic law
1455+22 enforcement system must be posted with a sign visible to
1456+23 approaching traffic indicating that the intersection is being
1457+24 monitored by an automated traffic law enforcement system and
1458+25 informing drivers whether, following a stop, a right turn at
1459+26 the intersection is permitted or prohibited.
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1470+1 (k-3) A municipality or county that has one or more
1471+2 intersections equipped with an automated traffic law
1472+3 enforcement system must provide notice to drivers by posting
1473+4 the locations of automated traffic law systems on the
1474+5 municipality or county website.
1475+6 (k-5) An intersection equipped with an automated traffic
1476+7 law enforcement system must have a yellow change interval that
1477+8 conforms with the Illinois Manual on Uniform Traffic Control
1478+9 Devices (IMUTCD) published by the Illinois Department of
1479+10 Transportation. Beginning 6 months before it installs an
1480+11 automated traffic law enforcement system at an intersection, a
1481+12 county or municipality may not change the yellow change
1482+13 interval at that intersection.
1483+14 (k-7) A municipality or county operating an automated
1484+15 traffic law enforcement system shall conduct a statistical
1485+16 analysis to assess the safety impact of each automated traffic
1486+17 law enforcement system at an intersection following
1487+18 installation of the system and every 2 years thereafter. Each
1488+19 The statistical analysis shall be based upon the best
1489+20 available crash, traffic, and other data, and shall cover a
1490+21 period of time before and after installation of the system
1491+22 sufficient to provide a statistically valid comparison of
1492+23 safety impact. Each The statistical analysis shall be
1493+24 consistent with professional judgment and acceptable industry
1494+25 practice. Each The statistical analysis also shall be
1495+26 consistent with the data required for valid comparisons of
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1506+1 before and after conditions and shall be conducted within a
1507+2 reasonable period following the installation of the automated
1508+3 traffic law enforcement system. Each The statistical analysis
1509+4 required by this subsection (k-7) shall be made available to
1510+5 the public and shall be published on the website of the
1511+6 municipality or county. If a the statistical analysis for the
1512+7 36 month period following installation of the system indicates
1513+8 that there has been an increase in the rate of crashes at the
1514+9 approach to the intersection monitored by the system, the
1515+10 municipality or county shall undertake additional studies to
1516+11 determine the cause and severity of the crashes, and may take
1517+12 any action that it determines is necessary or appropriate to
1518+13 reduce the number or severity of the crashes at that
1519+14 intersection.
1520+15 (k-8) Any municipality or county operating an automated
1521+16 traffic law enforcement system before the effective date of
1522+17 this amendatory Act of the 103rd General Assembly shall
1523+18 conduct a statistical analysis to assess the safety impact of
1524+19 each automated traffic law enforcement system at an
1525+20 intersection by no later than one year after the effective
1526+21 date of this amendatory Act of the 103rd General Assembly and
1527+22 every 2 years thereafter. The statistical analyses shall be
1528+23 based upon the best available crash, traffic, and other data,
1529+24 and shall cover a period of time before and after installation
1530+25 of the system sufficient to provide a statistically valid
1531+26 comparison of safety impact. The statistical analyses shall be
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1542+1 consistent with professional judgment and acceptable industry
1543+2 practice. The statistical analyses also shall be consistent
1544+3 with the data required for valid comparisons of before and
1545+4 after conditions. The statistical analyses required by this
1546+5 subsection shall be made available to the public and shall be
1547+6 published on the website of the municipality or county. If the
1548+7 statistical analysis for any period following installation of
1549+8 the system indicates that there has been an increase in the
1550+9 rate of accidents at the approach to the intersection
1551+10 monitored by the system, the municipality or county shall
1552+11 undertake additional studies to determine the cause and
1553+12 severity of the accidents, and may take any action that it
1554+13 determines is necessary or appropriate to reduce the number or
1555+14 severity of the accidents at that intersection.
1556+15 (l) The compensation paid for an automated traffic law
1557+16 enforcement system must be based on the value of the equipment
1558+17 or the services provided and may not be based on the number of
1559+18 traffic citations issued or the revenue generated by the
1560+19 system.
1561+20 (l-1) No member of the General Assembly and no officer or
1562+21 employee of a municipality or county shall knowingly accept
1563+22 employment or receive compensation or fees for services from a
1564+23 vendor that provides automated traffic law enforcement system
1565+24 equipment or services to municipalities or counties. No former
1566+25 member of the General Assembly shall, within a period of 2
1567+26 years immediately after the termination of service as a member
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1578+1 of the General Assembly, knowingly accept employment or
1579+2 receive compensation or fees for services from a vendor that
1580+3 provides automated traffic law enforcement system equipment or
1581+4 services to municipalities or counties. No former officer or
1582+5 employee of a municipality or county shall, within a period of
1583+6 2 years immediately after the termination of municipal or
1584+7 county employment, knowingly accept employment or receive
1585+8 compensation or fees for services from a vendor that provides
1586+9 automated traffic law enforcement system equipment or services
1587+10 to municipalities or counties.
1588+11 (m) This Section applies only to the counties of Cook,
1589+12 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
1590+13 to municipalities located within those counties.
1591+14 (n) The fee for participating in a traffic education
1592+15 program under this Section shall not exceed $25.
1593+16 A low-income individual required to complete a traffic
1594+17 education program under this Section who provides proof of
1595+18 eligibility for the federal earned income tax credit under
1596+19 Section 32 of the Internal Revenue Code or the Illinois earned
1597+20 income tax credit under Section 212 of the Illinois Income Tax
1598+21 Act shall not be required to pay any fee for participating in a
1599+22 required traffic education program.
1600+23 (o) (Blank).
1601+24 (p) No person who is the lessor of a motor vehicle pursuant
1602+25 to a written lease agreement shall be liable for an automated
1603+26 speed or traffic law enforcement system violation involving
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1614+1 such motor vehicle during the period of the lease; provided
1615+2 that upon the request of the appropriate authority received
1616+3 within 120 days after the violation occurred, the lessor
1617+4 provides within 60 days after such receipt the name and
1618+5 address of the lessee.
1619+6 Upon the provision of information by the lessor pursuant
1620+7 to this subsection, the county or municipality may issue the
1621+8 violation to the lessee of the vehicle in the same manner as it
1622+9 would issue a violation to a registered owner of a vehicle
1623+10 pursuant to this Section, and the lessee may be held liable for
1624+11 the violation.
1625+12 (q) If a county or municipality selects a new vendor for
1626+13 its automated traffic law enforcement system and must, as a
1627+14 consequence, apply for a permit, approval, or other
1628+15 authorization from the Department for reinstallation of one or
1629+16 more malfunctioning components of that system and if, at the
1630+17 time of the application for the permit, approval, or other
1631+18 authorization, the new vendor operates an automated traffic
1632+19 law enforcement system for any other county or municipality in
1633+20 the State, then the Department shall approve or deny the
1634+21 county or municipality's application for the permit, approval,
1635+22 or other authorization within 90 days after its receipt.
1636+23 (r) The Department may revoke any permit, approval, or
1637+24 other authorization granted to a county or municipality for
1638+25 the placement, installation, or operation of an automated
1639+26 traffic law enforcement system if any official or employee who
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1650+1 serves that county or municipality is charged with bribery,
1651+2 official misconduct, or a similar crime related to the
1652+3 placement, installation, or operation of the automated traffic
1653+4 law enforcement system in the county or municipality.
1654+5 The Department shall adopt any rules necessary to
1655+6 implement and administer this subsection. The rules adopted by
1656+7 the Department shall describe the revocation process, shall
1657+8 ensure that notice of the revocation is provided, and shall
1658+9 provide an opportunity to appeal the revocation. Any county or
1659+10 municipality that has a permit, approval, or other
1660+11 authorization revoked under this subsection may not reapply
1661+12 for such a permit, approval, or other authorization for a
1662+13 period of 1 year after the revocation.
1663+14 (s) If an automated traffic law enforcement system is
1664+15 removed or rendered inoperable due to construction, then the
1665+16 Department shall authorize the reinstallation or use of the
1666+17 automated traffic law enforcement system within 30 days after
1667+18 the construction is complete.
1668+19 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1669+20 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
1670+21 (625 ILCS 5/11-208.8)
1671+22 Sec. 11-208.8. Automated speed enforcement systems in
1672+23 safety zones.
1673+24 (a) As used in this Section:
1674+25 "Automated speed enforcement system" means a photographic
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1685+1 device, radar device, laser device, or other electrical or
1686+2 mechanical device or devices installed or utilized in a safety
1687+3 zone and designed to record the speed of a vehicle and obtain a
1688+4 clear photograph or other recorded image of the vehicle and
1689+5 the vehicle's registration plate or digital registration plate
1690+6 while the driver is violating Article VI of Chapter 11 of this
1691+7 Code or a similar provision of a local ordinance.
1692+8 An automated speed enforcement system is a system, located
1693+9 in a safety zone which is under the jurisdiction of a
1694+10 municipality, that produces a recorded image of a motor
1695+11 vehicle's violation of a provision of this Code or a local
1696+12 ordinance and is designed to obtain a clear recorded image of
1697+13 the vehicle and the vehicle's license plate. The recorded
1698+14 image must also display the time, date, and location of the
1699+15 violation.
1700+16 "Owner" means the person or entity to whom the vehicle is
1701+17 registered.
1702+18 "Recorded image" means images recorded by an automated
1703+19 speed enforcement system on:
1704+20 (1) 2 or more photographs;
1705+21 (2) 2 or more microphotographs;
1706+22 (3) 2 or more electronic images; or
1707+23 (4) a video recording showing the motor vehicle and,
1708+24 on at least one image or portion of the recording, clearly
1709+25 identifying the registration plate or digital registration
1710+26 plate number of the motor vehicle.
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1721+1 "Safety zone" means an area that is within one-eighth of a
1722+2 mile from the nearest property line of any public or private
1723+3 elementary or secondary school, or from the nearest property
1724+4 line of any facility, area, or land owned by a school district
1725+5 that is used for educational purposes approved by the Illinois
1726+6 State Board of Education, not including school district
1727+7 headquarters or administrative buildings. A safety zone also
1728+8 includes an area that is within one-eighth of a mile from the
1729+9 nearest property line of any facility, area, or land owned by a
1730+10 park district used for recreational purposes. However, if any
1731+11 portion of a roadway is within either one-eighth mile radius,
1732+12 the safety zone also shall include the roadway extended to the
1733+13 furthest portion of the next furthest intersection. The term
1734+14 "safety zone" does not include any portion of the roadway
1735+15 known as Lake Shore Drive or any controlled access highway
1736+16 with 8 or more lanes of traffic.
1737+17 (a-5) The automated speed enforcement system shall be
1738+18 operational and violations shall be recorded only at the
1739+19 following times:
1740+20 (i) if the safety zone is based upon the property line
1741+21 of any facility, area, or land owned by a school district,
1742+22 only on school days and no earlier than 6 a.m. and no later
1743+23 than 8:30 p.m. if the school day is during the period of
1744+24 Monday through Thursday, or 9 p.m. if the school day is a
1745+25 Friday; and
1746+26 (ii) if the safety zone is based upon the property
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1757+1 line of any facility, area, or land owned by a park
1758+2 district, no earlier than one hour prior to the time that
1759+3 the facility, area, or land is open to the public or other
1760+4 patrons, and no later than one hour after the facility,
1761+5 area, or land is closed to the public or other patrons.
1762+6 (b) A municipality that produces a recorded image of a
1763+7 motor vehicle's violation of a provision of this Code or a
1764+8 local ordinance must make the recorded images of a violation
1765+9 accessible to the alleged violator by providing the alleged
1766+10 violator with a website address, accessible through the
1767+11 Internet.
1768+12 (c) Notwithstanding any penalties for any other violations
1769+13 of this Code, the owner of a motor vehicle used in a traffic
1770+14 violation recorded by an automated speed enforcement system
1771+15 shall be subject to the following penalties:
1772+16 (1) if the recorded speed is no less than 6 miles per
1773+17 hour and no more than 10 miles per hour over the legal
1774+18 speed limit, a civil penalty not exceeding $50, plus an
1775+19 additional penalty of not more than $50 for failure to pay
1776+20 the original penalty in a timely manner; or
1777+21 (2) if the recorded speed is more than 10 miles per
1778+22 hour over the legal speed limit, a civil penalty not
1779+23 exceeding $100, plus an additional penalty of not more
1780+24 than $100 for failure to pay the original penalty in a
1781+25 timely manner.
1782+26 A penalty may not be imposed under this Section if the
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1792+ HB3903 Enrolled - 51 - LRB103 26454 DTM 52817 b
1793+1 driver of the motor vehicle received a Uniform Traffic
1794+2 Citation from a police officer for a speeding violation
1795+3 occurring within one-eighth of a mile and 15 minutes of the
1796+4 violation that was recorded by the system. A violation for
1797+5 which a civil penalty is imposed under this Section is not a
1798+6 violation of a traffic regulation governing the movement of
1799+7 vehicles and may not be recorded on the driving record of the
1800+8 owner of the vehicle. A law enforcement officer is not
1801+9 required to be present or to witness the violation. No penalty
1802+10 may be imposed under this Section if the recorded speed of a
1803+11 vehicle is 5 miles per hour or less over the legal speed limit.
1804+12 The municipality may send, in the same manner that notices are
1805+13 sent under this Section, a speed violation warning notice
1806+14 where the violation involves a speed of 5 miles per hour or
1807+15 less above the legal speed limit.
1808+16 (d) The net proceeds that a municipality receives from
1809+17 civil penalties imposed under an automated speed enforcement
1810+18 system, after deducting all non-personnel and personnel costs
1811+19 associated with the operation and maintenance of such system,
1812+20 shall be expended or obligated by the municipality for the
1813+21 following purposes:
1814+22 (i) public safety initiatives to ensure safe passage
1815+23 around schools, and to provide police protection and
1816+24 surveillance around schools and parks, including but not
1817+25 limited to: (1) personnel costs; and (2) non-personnel
1818+26 costs such as construction and maintenance of public
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1828+ HB3903 Enrolled - 52 - LRB103 26454 DTM 52817 b
1829+1 safety infrastructure and equipment;
1830+2 (ii) initiatives to improve pedestrian and traffic
1831+3 safety;
1832+4 (iii) construction and maintenance of infrastructure
1833+5 within the municipality, including but not limited to
1834+6 roads and bridges; and
1835+7 (iv) after school programs.
1836+8 (e) For each violation of a provision of this Code or a
1837+9 local ordinance recorded by an automated speed enforcement
1838+10 system, the municipality having jurisdiction shall issue a
1839+11 written notice of the violation to the registered owner of the
1840+12 vehicle as the alleged violator. The notice shall be delivered
1841+13 to the registered owner of the vehicle, by mail, within 30 days
1842+14 after the Secretary of State notifies the municipality of the
1843+15 identity of the owner of the vehicle, but in no event later
1844+16 than 90 days after the violation.
1845+17 (f) The notice required under subsection (e) of this
1846+18 Section shall include:
1847+19 (1) the name and address of the registered owner of
1848+20 the vehicle;
1849+21 (2) the registration number of the motor vehicle
1850+22 involved in the violation;
1851+23 (3) the violation charged;
1852+24 (4) the date, time, and location where the violation
1853+25 occurred;
1854+26 (5) a copy of the recorded image or images;
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1864+ HB3903 Enrolled - 53 - LRB103 26454 DTM 52817 b
1865+1 (6) the amount of the civil penalty imposed and the
1866+2 date by which the civil penalty should be paid;
1867+3 (7) a statement that recorded images are evidence of a
1868+4 violation of a speed restriction;
1869+5 (8) a warning that failure to pay the civil penalty or
1870+6 to contest liability in a timely manner is an admission of
1871+7 liability;
1872+8 (9) a statement that the person may elect to proceed
1873+9 by:
1874+10 (A) paying the fine; or
1875+11 (B) challenging the charge in court, by mail, or
1876+12 by administrative hearing; and
1877+13 (10) a website address, accessible through the
1878+14 Internet, where the person may view the recorded images of
1879+15 the violation.
1880+16 (g) (Blank).
1881+17 (h) Based on inspection of recorded images produced by an
1882+18 automated speed enforcement system, a notice alleging that the
1883+19 violation occurred shall be evidence of the facts contained in
1884+20 the notice and admissible in any proceeding alleging a
1885+21 violation under this Section.
1886+22 (i) Recorded images made by an automated speed enforcement
1887+23 system are confidential and shall be made available only to
1888+24 the alleged violator and governmental and law enforcement
1889+25 agencies for purposes of adjudicating a violation of this
1890+26 Section, for statistical purposes, or for other governmental
1891+
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1900+ HB3903 Enrolled - 54 - LRB103 26454 DTM 52817 b
1901+1 purposes. Any recorded image evidencing a violation of this
1902+2 Section, however, may be admissible in any proceeding
1903+3 resulting from the issuance of the citation.
1904+4 (j) The court or hearing officer may consider in defense
1905+5 of a violation:
1906+6 (1) that the motor vehicle or registration plates or
1907+7 digital registration plates of the motor vehicle were
1908+8 stolen before the violation occurred and not under the
1909+9 control or in the possession of the owner or lessee at the
1910+10 time of the violation;
1911+11 (1.5) that the motor vehicle was hijacked before the
1912+12 violation occurred and not under the control of or in the
1913+13 possession of the owner or lessee at the time of the
1914+14 violation;
1915+15 (2) that the driver of the motor vehicle received a
1916+16 Uniform Traffic Citation from a police officer for a
1917+17 speeding violation occurring within one-eighth of a mile
1918+18 and 15 minutes of the violation that was recorded by the
1919+19 system; and
1920+20 (3) any other evidence or issues provided by municipal
1921+21 ordinance.
1922+22 (k) To demonstrate that the motor vehicle was hijacked or
1923+23 the motor vehicle or registration plates or digital
1924+24 registration plates were stolen before the violation occurred
1925+25 and were not under the control or possession of the owner or
1926+26 lessee at the time of the violation, the owner or lessee must
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1937+1 submit proof that a report concerning the motor vehicle or
1938+2 registration plates was filed with a law enforcement agency in
1939+3 a timely manner.
1940+4 (l) A roadway equipped with an automated speed enforcement
1941+5 system shall be posted with a sign conforming to the national
1942+6 Manual on Uniform Traffic Control Devices that is visible to
1943+7 approaching traffic stating that vehicle speeds are being
1944+8 photo-enforced and indicating the speed limit. The
1945+9 municipality shall install such additional signage as it
1946+10 determines is necessary to give reasonable notice to drivers
1947+11 as to where automated speed enforcement systems are installed.
1948+12 (m) A roadway where a new automated speed enforcement
1949+13 system is installed shall be posted with signs providing 30
1950+14 days notice of the use of a new automated speed enforcement
1951+15 system prior to the issuance of any citations through the
1952+16 automated speed enforcement system.
1953+17 (n) The compensation paid for an automated speed
1954+18 enforcement system must be based on the value of the equipment
1955+19 or the services provided and may not be based on the number of
1956+20 traffic citations issued or the revenue generated by the
1957+21 system.
1958+22 (n-1) No member of the General Assembly and no officer or
1959+23 employee of a municipality or county shall knowingly accept
1960+24 employment or receive compensation or fees for services from a
1961+25 vendor that provides automated speed enforcement system
1962+26 equipment or services to municipalities or counties. No former
1963+
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1972+ HB3903 Enrolled - 56 - LRB103 26454 DTM 52817 b
1973+1 member of the General Assembly shall, within a period of 2
1974+2 years immediately after the termination of service as a member
1975+3 of the General Assembly, knowingly accept employment or
1976+4 receive compensation or fees for services from a vendor that
1977+5 provides automated speed enforcement system equipment or
1978+6 services to municipalities or counties. No former officer or
1979+7 employee of a municipality or county shall, within a period of
1980+8 2 years immediately after the termination of municipal or
1981+9 county employment, knowingly accept employment or receive
1982+10 compensation or fees for services from a vendor that provides
1983+11 automated speed enforcement system equipment or services to
1984+12 municipalities or counties.
1985+13 (o) (Blank).
1986+14 (p) No person who is the lessor of a motor vehicle pursuant
1987+15 to a written lease agreement shall be liable for an automated
1988+16 speed or traffic law enforcement system violation involving
1989+17 such motor vehicle during the period of the lease; provided
1990+18 that upon the request of the appropriate authority received
1991+19 within 120 days after the violation occurred, the lessor
1992+20 provides within 60 days after such receipt the name and
1993+21 address of the lessee. The drivers license number of a lessee
1994+22 may be subsequently individually requested by the appropriate
1995+23 authority if needed for enforcement of this Section.
1996+24 Upon the provision of information by the lessor pursuant
1997+25 to this subsection, the municipality may issue the violation
1998+26 to the lessee of the vehicle in the same manner as it would
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2008+ HB3903 Enrolled - 57 - LRB103 26454 DTM 52817 b
2009+1 issue a violation to a registered owner of a vehicle pursuant
2010+2 to this Section, and the lessee may be held liable for the
2011+3 violation.
2012+4 (q) A municipality using an automated speed enforcement
2013+5 system must provide notice to drivers by publishing the
2014+6 locations of all safety zones where system equipment is
2015+7 installed on the website of the municipality.
2016+8 (r) A municipality operating an automated speed
2017+9 enforcement system shall conduct a statistical analysis to
2018+10 assess the safety impact of the system following installation
2019+11 of the system and every 2 years thereafter. A municipality
2020+12 operating an automated speed enforcement system before the
2021+13 effective date of this amendatory Act of the 103rd General
2022+14 Assembly shall conduct a statistical analysis to assess the
2023+15 safety impact of the system by no later than one year after the
2024+16 effective date of this amendatory Act of the 103rd General
2025+17 Assembly and every 2 years thereafter. Each The statistical
2026+18 analysis shall be based upon the best available crash,
2027+19 traffic, and other data, and shall cover a period of time
2028+20 before and after installation of the system sufficient to
2029+21 provide a statistically valid comparison of safety impact.
2030+22 Each The statistical analysis shall be consistent with
2031+23 professional judgment and acceptable industry practice. Each
2032+24 The statistical analysis also shall be consistent with the
2033+25 data required for valid comparisons of before and after
2034+26 conditions and shall be conducted within a reasonable period
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2043+HB3903 Enrolled- 58 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 58 - LRB103 26454 DTM 52817 b
2044+ HB3903 Enrolled - 58 - LRB103 26454 DTM 52817 b
2045+1 following the installation of the automated traffic law
2046+2 enforcement system. Each The statistical analysis required by
2047+3 this subsection shall be made available to the public and
2048+4 shall be published on the website of the municipality.
2049+5 (s) This Section applies only to municipalities with a
2050+6 population of 1,000,000 or more inhabitants.
2051+7 (t) If a county or municipality selects a new vendor for
2052+8 its automated speed enforcement system and must, as a
2053+9 consequence, apply for a permit, approval, or other
2054+10 authorization from the Department for reinstallation of one or
2055+11 more malfunctioning components of that system and if, at the
2056+12 time of the application for the permit, approval, or other
2057+13 authorization, the new vendor operates an automated speed
2058+14 enforcement system for any other county or municipality in the
2059+15 State, then the Department shall approve or deny the county or
2060+16 municipality's application for the permit, approval, or other
2061+17 authorization within 90 days after its receipt.
2062+18 (u) The Department may revoke any permit, approval, or
2063+19 other authorization granted to a county or municipality for
2064+20 the placement, installation, or operation of an automated
2065+21 speed enforcement system if any official or employee who
2066+22 serves that county or municipality is charged with bribery,
2067+23 official misconduct, or a similar crime related to the
2068+24 placement, installation, or operation of the automated speed
2069+25 enforcement system in the county or municipality.
2070+26 The Department shall adopt any rules necessary to
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2080+ HB3903 Enrolled - 59 - LRB103 26454 DTM 52817 b
2081+1 implement and administer this subsection. The rules adopted by
2082+2 the Department shall describe the revocation process, shall
2083+3 ensure that notice of the revocation is provided, and shall
2084+4 provide an opportunity to appeal the revocation. Any county or
2085+5 municipality that has a permit, approval, or other
2086+6 authorization revoked under this subsection may not reapply
2087+7 for such a permit, approval, or other authorization for a
2088+8 period of 1 year after the revocation.
2089+9 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2090+10 102-905, eff. 1-1-23.)
2091+11 (625 ILCS 5/11-208.9)
2092+12 (Text of Section before amendment by P.A. 102-982)
2093+13 Sec. 11-208.9. Automated traffic law enforcement system;
2094+14 approaching, overtaking, and passing a school bus.
2095+15 (a) As used in this Section, "automated traffic law
2096+16 enforcement system" means a device with one or more motor
2097+17 vehicle sensors working in conjunction with the visual signals
2098+18 on a school bus, as specified in Sections 12-803 and 12-805 of
2099+19 this Code, to produce recorded images of motor vehicles that
2100+20 fail to stop before meeting or overtaking, from either
2101+21 direction, any school bus stopped at any location for the
2102+22 purpose of receiving or discharging pupils in violation of
2103+23 Section 11-1414 of this Code or a similar provision of a local
2104+24 ordinance.
2105+25 An automated traffic law enforcement system is a system,
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2115+ HB3903 Enrolled - 60 - LRB103 26454 DTM 52817 b
2116+1 in a municipality or county operated by a governmental agency,
2117+2 that produces a recorded image of a motor vehicle's violation
2118+3 of a provision of this Code or a local ordinance and is
2119+4 designed to obtain a clear recorded image of the vehicle and
2120+5 the vehicle's license plate. The recorded image must also
2121+6 display the time, date, and location of the violation.
2122+7 (b) As used in this Section, "recorded images" means
2123+8 images recorded by an automated traffic law enforcement system
2124+9 on:
2125+10 (1) 2 or more photographs;
2126+11 (2) 2 or more microphotographs;
2127+12 (3) 2 or more electronic images; or
2128+13 (4) a video recording showing the motor vehicle and,
2129+14 on at least one image or portion of the recording, clearly
2130+15 identifying the registration plate or digital registration
2131+16 plate number of the motor vehicle.
2132+17 (c) A municipality or county that produces a recorded
2133+18 image of a motor vehicle's violation of a provision of this
2134+19 Code or a local ordinance must make the recorded images of a
2135+20 violation accessible to the alleged violator by providing the
2136+21 alleged violator with a website address, accessible through
2137+22 the Internet.
2138+23 (d) For each violation of a provision of this Code or a
2139+24 local ordinance recorded by an automated traffic law
2140+25 enforcement system, the county or municipality having
2141+26 jurisdiction shall issue a written notice of the violation to
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2151+ HB3903 Enrolled - 61 - LRB103 26454 DTM 52817 b
2152+1 the registered owner of the vehicle as the alleged violator.
2153+2 The notice shall be delivered to the registered owner of the
2154+3 vehicle, by mail, within 30 days after the Secretary of State
2155+4 notifies the municipality or county of the identity of the
2156+5 owner of the vehicle, but in no event later than 90 days after
2157+6 the violation.
2158+7 (e) The notice required under subsection (d) shall
2159+8 include:
2160+9 (1) the name and address of the registered owner of
2161+10 the vehicle;
2162+11 (2) the registration number of the motor vehicle
2163+12 involved in the violation;
2164+13 (3) the violation charged;
2165+14 (4) the location where the violation occurred;
2166+15 (5) the date and time of the violation;
2167+16 (6) a copy of the recorded images;
2168+17 (7) the amount of the civil penalty imposed and the
2169+18 date by which the civil penalty should be paid;
2170+19 (8) a statement that recorded images are evidence of a
2171+20 violation of overtaking or passing a school bus stopped
2172+21 for the purpose of receiving or discharging pupils;
2173+22 (9) a warning that failure to pay the civil penalty or
2174+23 to contest liability in a timely manner is an admission of
2175+24 liability;
2176+25 (10) a statement that the person may elect to proceed
2177+26 by:
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2187+ HB3903 Enrolled - 62 - LRB103 26454 DTM 52817 b
2188+1 (A) paying the fine; or
2189+2 (B) challenging the charge in court, by mail, or
2190+3 by administrative hearing; and
2191+4 (11) a website address, accessible through the
2192+5 Internet, where the person may view the recorded images of
2193+6 the violation.
2194+7 (f) (Blank).
2195+8 (g) Based on inspection of recorded images produced by an
2196+9 automated traffic law enforcement system, a notice alleging
2197+10 that the violation occurred shall be evidence of the facts
2198+11 contained in the notice and admissible in any proceeding
2199+12 alleging a violation under this Section.
2200+13 (h) Recorded images made by an automated traffic law
2201+14 enforcement system are confidential and shall be made
2202+15 available only to the alleged violator and governmental and
2203+16 law enforcement agencies for purposes of adjudicating a
2204+17 violation of this Section, for statistical purposes, or for
2205+18 other governmental purposes. Any recorded image evidencing a
2206+19 violation of this Section, however, may be admissible in any
2207+20 proceeding resulting from the issuance of the citation.
2208+21 (i) The court or hearing officer may consider in defense
2209+22 of a violation:
2210+23 (1) that the motor vehicle or registration plates or
2211+24 digital registration plates of the motor vehicle were
2212+25 stolen before the violation occurred and not under the
2213+26 control of or in the possession of the owner or lessee at
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2224+1 the time of the violation;
2225+2 (1.5) that the motor vehicle was hijacked before the
2226+3 violation occurred and not under the control of or in the
2227+4 possession of the owner or lessee at the time of the
2228+5 violation;
2229+6 (2) that the driver of the motor vehicle received a
2230+7 Uniform Traffic Citation from a police officer for a
2231+8 violation of Section 11-1414 of this Code within
2232+9 one-eighth of a mile and 15 minutes of the violation that
2233+10 was recorded by the system;
2234+11 (3) that the visual signals required by Sections
2235+12 12-803 and 12-805 of this Code were damaged, not
2236+13 activated, not present in violation of Sections 12-803 and
2237+14 12-805, or inoperable; and
2238+15 (4) any other evidence or issues provided by municipal
2239+16 or county ordinance.
2240+17 (j) To demonstrate that the motor vehicle was hijacked or
2241+18 the motor vehicle or registration plates or digital
2242+19 registration plates were stolen before the violation occurred
2243+20 and were not under the control or possession of the owner or
2244+21 lessee at the time of the violation, the owner or lessee must
2245+22 submit proof that a report concerning the motor vehicle or
2246+23 registration plates was filed with a law enforcement agency in
2247+24 a timely manner.
2248+25 (k) Unless the driver of the motor vehicle received a
2249+26 Uniform Traffic Citation from a police officer at the time of
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2260+1 the violation, the motor vehicle owner is subject to a civil
2261+2 penalty not exceeding $150 for a first time violation or $500
2262+3 for a second or subsequent violation, plus an additional
2263+4 penalty of not more than $100 for failure to pay the original
2264+5 penalty in a timely manner, if the motor vehicle is recorded by
2265+6 an automated traffic law enforcement system. A violation for
2266+7 which a civil penalty is imposed under this Section is not a
2267+8 violation of a traffic regulation governing the movement of
2268+9 vehicles and may not be recorded on the driving record of the
2269+10 owner of the vehicle, but may be recorded by the municipality
2270+11 or county for the purpose of determining if a person is subject
2271+12 to the higher fine for a second or subsequent offense.
2272+13 (l) A school bus equipped with an automated traffic law
2273+14 enforcement system must be posted with a sign indicating that
2274+15 the school bus is being monitored by an automated traffic law
2275+16 enforcement system.
2276+17 (m) A municipality or county that has one or more school
2277+18 buses equipped with an automated traffic law enforcement
2278+19 system must provide notice to drivers by posting a list of
2279+20 school districts using school buses equipped with an automated
2280+21 traffic law enforcement system on the municipality or county
2281+22 website. School districts that have one or more school buses
2282+23 equipped with an automated traffic law enforcement system must
2283+24 provide notice to drivers by posting that information on their
2284+25 websites.
2285+26 (n) A municipality or county operating an automated
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2296+1 traffic law enforcement system shall conduct a statistical
2297+2 analysis to assess the safety impact in each school district
2298+3 using school buses equipped with an automated traffic law
2299+4 enforcement system following installation of the system and
2300+5 every 2 years thereafter. A municipality or county operating
2301+6 an automated speed enforcement system before the effective
2302+7 date of this amendatory Act of the 103rd General Assembly
2303+8 shall conduct a statistical analysis to assess the safety
2304+9 impact of the system by no later than one year after the
2305+10 effective date of this amendatory Act of the 103rd General
2306+11 Assembly and every 2 years thereafter. Each The statistical
2307+12 analysis shall be based upon the best available crash,
2308+13 traffic, and other data, and shall cover a period of time
2309+14 before and after installation of the system sufficient to
2310+15 provide a statistically valid comparison of safety impact.
2311+16 Each The statistical analysis shall be consistent with
2312+17 professional judgment and acceptable industry practice. Each
2313+18 The statistical analysis also shall be consistent with the
2314+19 data required for valid comparisons of before and after
2315+20 conditions and shall be conducted within a reasonable period
2316+21 following the installation of the automated traffic law
2317+22 enforcement system. Each The statistical analysis required by
2318+23 this subsection shall be made available to the public and
2319+24 shall be published on the website of the municipality or
2320+25 county. If a the statistical analysis for the 36-month period
2321+26 following installation of the system indicates that there has
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2332+1 been an increase in the rate of accidents at the approach to
2333+2 school buses monitored by the system, the municipality or
2334+3 county shall undertake additional studies to determine the
2335+4 cause and severity of the accidents, and may take any action
2336+5 that it determines is necessary or appropriate to reduce the
2337+6 number or severity of the accidents involving school buses
2338+7 equipped with an automated traffic law enforcement system.
2339+8 (o) The compensation paid for an automated traffic law
2340+9 enforcement system must be based on the value of the equipment
2341+10 or the services provided and may not be based on the number of
2342+11 traffic citations issued or the revenue generated by the
2343+12 system.
2344+13 (o-1) No member of the General Assembly and no officer or
2345+14 employee of a municipality or county shall knowingly accept
2346+15 employment or receive compensation or fees for services from a
2347+16 vendor that provides automated traffic law enforcement system
2348+17 equipment or services to municipalities or counties. No former
2349+18 member of the General Assembly shall, within a period of 2
2350+19 years immediately after the termination of service as a member
2351+20 of the General Assembly, knowingly accept employment or
2352+21 receive compensation or fees for services from a vendor that
2353+22 provides automated traffic law enforcement system equipment or
2354+23 services to municipalities or counties. No former officer or
2355+24 employee of a municipality or county shall, within a period of
2356+25 2 years immediately after the termination of municipal or
2357+26 county employment, knowingly accept employment or receive
2358+
2359+
2360+
2361+
2362+
2363+ HB3903 Enrolled - 66 - LRB103 26454 DTM 52817 b
2364+
2365+
2366+HB3903 Enrolled- 67 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 67 - LRB103 26454 DTM 52817 b
2367+ HB3903 Enrolled - 67 - LRB103 26454 DTM 52817 b
2368+1 compensation or fees for services from a vendor that provides
2369+2 automated traffic law enforcement system equipment or services
2370+3 to municipalities or counties.
2371+4 (p) No person who is the lessor of a motor vehicle pursuant
2372+5 to a written lease agreement shall be liable for an automated
2373+6 speed or traffic law enforcement system violation involving
2374+7 such motor vehicle during the period of the lease; provided
2375+8 that upon the request of the appropriate authority received
2376+9 within 120 days after the violation occurred, the lessor
2377+10 provides within 60 days after such receipt the name and
2378+11 address of the lessee.
2379+12 Upon the provision of information by the lessor pursuant
2380+13 to this subsection, the county or municipality may issue the
2381+14 violation to the lessee of the vehicle in the same manner as it
2382+15 would issue a violation to a registered owner of a vehicle
2383+16 pursuant to this Section, and the lessee may be held liable for
2384+17 the violation.
2385+18 (q) (Blank).
2386+19 (r) After a municipality or county enacts an ordinance
2387+20 providing for automated traffic law enforcement systems under
2388+21 this Section, each school district within that municipality or
2389+22 county's jurisdiction may implement an automated traffic law
2390+23 enforcement system under this Section. The elected school
2391+24 board for that district must approve the implementation of an
2392+25 automated traffic law enforcement system. The school district
2393+26 shall be responsible for entering into a contract, approved by
2394+
2395+
2396+
2397+
2398+
2399+ HB3903 Enrolled - 67 - LRB103 26454 DTM 52817 b
2400+
2401+
2402+HB3903 Enrolled- 68 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 68 - LRB103 26454 DTM 52817 b
2403+ HB3903 Enrolled - 68 - LRB103 26454 DTM 52817 b
2404+1 the elected school board of that district, with vendors for
2405+2 the installation, maintenance, and operation of the automated
2406+3 traffic law enforcement system. The school district must enter
2407+4 into an intergovernmental agreement, approved by the elected
2408+5 school board of that district, with the municipality or county
2409+6 with jurisdiction over that school district for the
2410+7 administration of the automated traffic law enforcement
2411+8 system. The proceeds from a school district's automated
2412+9 traffic law enforcement system's fines shall be divided
2413+10 equally between the school district and the municipality or
2414+11 county administering the automated traffic law enforcement
2415+12 system.
2416+13 (s) If a county or municipality changes the vendor it uses
2417+14 for its automated traffic law enforcement system and must, as
2418+15 a consequence, apply for a permit, approval, or other
2419+16 authorization from the Department for reinstallation of one or
2420+17 more malfunctioning components of that system and if, at the
2421+18 time of the application, the new vendor operates an automated
2422+19 traffic law enforcement system for any other county or
2423+20 municipality in the State, then the Department shall approve
2424+21 or deny the county or municipality's application for that
2425+22 permit, approval, or other authorization within 90 days after
2426+23 its receipt.
2427+24 (t) The Department may revoke any permit, approval, or
2428+25 other authorization granted to a county or municipality for
2429+26 the placement, installation, or operation of an automated
2430+
2431+
2432+
2433+
2434+
2435+ HB3903 Enrolled - 68 - LRB103 26454 DTM 52817 b
2436+
2437+
2438+HB3903 Enrolled- 69 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 69 - LRB103 26454 DTM 52817 b
2439+ HB3903 Enrolled - 69 - LRB103 26454 DTM 52817 b
2440+1 traffic law enforcement system if any official or employee who
2441+2 serves that county or municipality is charged with bribery,
2442+3 official misconduct, or a similar crime related to the
2443+4 placement, installation, or operation of the automated traffic
2444+5 law enforcement system in the county or municipality.
2445+6 The Department shall adopt any rules necessary to
2446+7 implement and administer this subsection. The rules adopted by
2447+8 the Department shall describe the revocation process, shall
2448+9 ensure that notice of the revocation is provided, and shall
2449+10 provide an opportunity to appeal the revocation. Any county or
2450+11 municipality that has a permit, approval, or other
2451+12 authorization revoked under this subsection may not reapply
2452+13 for such a permit, approval, or other authorization for a
2453+14 period of 1 year after the revocation.
2454+15 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2455+16 102-905, eff. 1-1-23.)
2456+17 (Text of Section after amendment by P.A. 102-982)
2457+18 Sec. 11-208.9. Automated traffic law enforcement system;
2458+19 approaching, overtaking, and passing a school bus.
2459+20 (a) As used in this Section, "automated traffic law
2460+21 enforcement system" means a device with one or more motor
2461+22 vehicle sensors working in conjunction with the visual signals
2462+23 on a school bus, as specified in Sections 12-803 and 12-805 of
2463+24 this Code, to produce recorded images of motor vehicles that
2464+25 fail to stop before meeting or overtaking, from either
2465+
2466+
2467+
2468+
2469+
2470+ HB3903 Enrolled - 69 - LRB103 26454 DTM 52817 b
2471+
2472+
2473+HB3903 Enrolled- 70 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 70 - LRB103 26454 DTM 52817 b
2474+ HB3903 Enrolled - 70 - LRB103 26454 DTM 52817 b
2475+1 direction, any school bus stopped at any location for the
2476+2 purpose of receiving or discharging pupils in violation of
2477+3 Section 11-1414 of this Code or a similar provision of a local
2478+4 ordinance.
2479+5 An automated traffic law enforcement system is a system,
2480+6 in a municipality or county operated by a governmental agency,
2481+7 that produces a recorded image of a motor vehicle's violation
2482+8 of a provision of this Code or a local ordinance and is
2483+9 designed to obtain a clear recorded image of the vehicle and
2484+10 the vehicle's license plate. The recorded image must also
2485+11 display the time, date, and location of the violation.
2486+12 (b) As used in this Section, "recorded images" means
2487+13 images recorded by an automated traffic law enforcement system
2488+14 on:
2489+15 (1) 2 or more photographs;
2490+16 (2) 2 or more microphotographs;
2491+17 (3) 2 or more electronic images; or
2492+18 (4) a video recording showing the motor vehicle and,
2493+19 on at least one image or portion of the recording, clearly
2494+20 identifying the registration plate or digital registration
2495+21 plate number of the motor vehicle.
2496+22 (c) A municipality or county that produces a recorded
2497+23 image of a motor vehicle's violation of a provision of this
2498+24 Code or a local ordinance must make the recorded images of a
2499+25 violation accessible to the alleged violator by providing the
2500+26 alleged violator with a website address, accessible through
2501+
2502+
2503+
2504+
2505+
2506+ HB3903 Enrolled - 70 - LRB103 26454 DTM 52817 b
2507+
2508+
2509+HB3903 Enrolled- 71 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 71 - LRB103 26454 DTM 52817 b
2510+ HB3903 Enrolled - 71 - LRB103 26454 DTM 52817 b
2511+1 the Internet.
2512+2 (d) For each violation of a provision of this Code or a
2513+3 local ordinance recorded by an automated traffic law
2514+4 enforcement system, the county or municipality having
2515+5 jurisdiction shall issue a written notice of the violation to
2516+6 the registered owner of the vehicle as the alleged violator.
2517+7 The notice shall be delivered to the registered owner of the
2518+8 vehicle, by mail, within 30 days after the Secretary of State
2519+9 notifies the municipality or county of the identity of the
2520+10 owner of the vehicle, but in no event later than 90 days after
2521+11 the violation.
2522+12 (e) The notice required under subsection (d) shall
2523+13 include:
2524+14 (1) the name and address of the registered owner of
2525+15 the vehicle;
2526+16 (2) the registration number of the motor vehicle
2527+17 involved in the violation;
2528+18 (3) the violation charged;
2529+19 (4) the location where the violation occurred;
2530+20 (5) the date and time of the violation;
2531+21 (6) a copy of the recorded images;
2532+22 (7) the amount of the civil penalty imposed and the
2533+23 date by which the civil penalty should be paid;
2534+24 (8) a statement that recorded images are evidence of a
2535+25 violation of overtaking or passing a school bus stopped
2536+26 for the purpose of receiving or discharging pupils;
2537+
2538+
2539+
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2546+ HB3903 Enrolled - 72 - LRB103 26454 DTM 52817 b
2547+1 (9) a warning that failure to pay the civil penalty or
2548+2 to contest liability in a timely manner is an admission of
2549+3 liability;
2550+4 (10) a statement that the person may elect to proceed
2551+5 by:
2552+6 (A) paying the fine; or
2553+7 (B) challenging the charge in court, by mail, or
2554+8 by administrative hearing; and
2555+9 (11) a website address, accessible through the
2556+10 Internet, where the person may view the recorded images of
2557+11 the violation.
2558+12 (f) (Blank).
2559+13 (g) Based on inspection of recorded images produced by an
2560+14 automated traffic law enforcement system, a notice alleging
2561+15 that the violation occurred shall be evidence of the facts
2562+16 contained in the notice and admissible in any proceeding
2563+17 alleging a violation under this Section.
2564+18 (h) Recorded images made by an automated traffic law
2565+19 enforcement system are confidential and shall be made
2566+20 available only to the alleged violator and governmental and
2567+21 law enforcement agencies for purposes of adjudicating a
2568+22 violation of this Section, for statistical purposes, or for
2569+23 other governmental purposes. Any recorded image evidencing a
2570+24 violation of this Section, however, may be admissible in any
2571+25 proceeding resulting from the issuance of the citation.
2572+26 (i) The court or hearing officer may consider in defense
2573+
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2582+ HB3903 Enrolled - 73 - LRB103 26454 DTM 52817 b
2583+1 of a violation:
2584+2 (1) that the motor vehicle or registration plates or
2585+3 digital registration plates of the motor vehicle were
2586+4 stolen before the violation occurred and not under the
2587+5 control of or in the possession of the owner or lessee at
2588+6 the time of the violation;
2589+7 (1.5) that the motor vehicle was hijacked before the
2590+8 violation occurred and not under the control of or in the
2591+9 possession of the owner or lessee at the time of the
2592+10 violation;
2593+11 (2) that the driver of the motor vehicle received a
2594+12 Uniform Traffic Citation from a police officer for a
2595+13 violation of Section 11-1414 of this Code within
2596+14 one-eighth of a mile and 15 minutes of the violation that
2597+15 was recorded by the system;
2598+16 (3) that the visual signals required by Sections
2599+17 12-803 and 12-805 of this Code were damaged, not
2600+18 activated, not present in violation of Sections 12-803 and
2601+19 12-805, or inoperable; and
2602+20 (4) any other evidence or issues provided by municipal
2603+21 or county ordinance.
2604+22 (j) To demonstrate that the motor vehicle was hijacked or
2605+23 the motor vehicle or registration plates or digital
2606+24 registration plates were stolen before the violation occurred
2607+25 and were not under the control or possession of the owner or
2608+26 lessee at the time of the violation, the owner or lessee must
2609+
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2614+ HB3903 Enrolled - 73 - LRB103 26454 DTM 52817 b
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2616+
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2618+ HB3903 Enrolled - 74 - LRB103 26454 DTM 52817 b
2619+1 submit proof that a report concerning the motor vehicle or
2620+2 registration plates was filed with a law enforcement agency in
2621+3 a timely manner.
2622+4 (k) Unless the driver of the motor vehicle received a
2623+5 Uniform Traffic Citation from a police officer at the time of
2624+6 the violation, the motor vehicle owner is subject to a civil
2625+7 penalty not exceeding $150 for a first time violation or $500
2626+8 for a second or subsequent violation, plus an additional
2627+9 penalty of not more than $100 for failure to pay the original
2628+10 penalty in a timely manner, if the motor vehicle is recorded by
2629+11 an automated traffic law enforcement system. A violation for
2630+12 which a civil penalty is imposed under this Section is not a
2631+13 violation of a traffic regulation governing the movement of
2632+14 vehicles and may not be recorded on the driving record of the
2633+15 owner of the vehicle, but may be recorded by the municipality
2634+16 or county for the purpose of determining if a person is subject
2635+17 to the higher fine for a second or subsequent offense.
2636+18 (l) A school bus equipped with an automated traffic law
2637+19 enforcement system must be posted with a sign indicating that
2638+20 the school bus is being monitored by an automated traffic law
2639+21 enforcement system.
2640+22 (m) A municipality or county that has one or more school
2641+23 buses equipped with an automated traffic law enforcement
2642+24 system must provide notice to drivers by posting a list of
2643+25 school districts using school buses equipped with an automated
2644+26 traffic law enforcement system on the municipality or county
2645+
2646+
2647+
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2650+ HB3903 Enrolled - 74 - LRB103 26454 DTM 52817 b
2651+
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2654+ HB3903 Enrolled - 75 - LRB103 26454 DTM 52817 b
2655+1 website. School districts that have one or more school buses
2656+2 equipped with an automated traffic law enforcement system must
2657+3 provide notice to drivers by posting that information on their
2658+4 websites.
2659+5 (n) A municipality or county operating an automated
2660+6 traffic law enforcement system shall conduct a statistical
2661+7 analysis to assess the safety impact in each school district
2662+8 using school buses equipped with an automated traffic law
2663+9 enforcement system following installation of the system and
2664+10 every 2 years thereafter. A municipality or county operating
2665+11 an automated speed enforcement system before the effective
2666+12 date of this amendatory Act of the 103rd General Assembly
2667+13 shall conduct a statistical analysis to assess the safety
2668+14 impact of the system by no later than one year after the
2669+15 effective date of this amendatory Act of the 103rd General
2670+16 Assembly and every 2 years thereafter. Each The statistical
2671+17 analysis shall be based upon the best available crash,
2672+18 traffic, and other data, and shall cover a period of time
2673+19 before and after installation of the system sufficient to
2674+20 provide a statistically valid comparison of safety impact.
2675+21 Each The statistical analysis shall be consistent with
2676+22 professional judgment and acceptable industry practice. Each
2677+23 The statistical analysis also shall be consistent with the
2678+24 data required for valid comparisons of before and after
2679+25 conditions and shall be conducted within a reasonable period
2680+26 following the installation of the automated traffic law
2681+
2682+
2683+
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2686+ HB3903 Enrolled - 75 - LRB103 26454 DTM 52817 b
2687+
2688+
2689+HB3903 Enrolled- 76 -LRB103 26454 DTM 52817 b HB3903 Enrolled - 76 - LRB103 26454 DTM 52817 b
2690+ HB3903 Enrolled - 76 - LRB103 26454 DTM 52817 b
2691+1 enforcement system. Each The statistical analysis required by
2692+2 this subsection shall be made available to the public and
2693+3 shall be published on the website of the municipality or
2694+4 county. If a the statistical analysis for the 36-month period
2695+5 following installation of the system indicates that there has
2696+6 been an increase in the rate of crashes at the approach to
2697+7 school buses monitored by the system, the municipality or
2698+8 county shall undertake additional studies to determine the
2699+9 cause and severity of the crashes, and may take any action that
2700+10 it determines is necessary or appropriate to reduce the number
2701+11 or severity of the crashes involving school buses equipped
2702+12 with an automated traffic law enforcement system.
2703+13 (o) The compensation paid for an automated traffic law
2704+14 enforcement system must be based on the value of the equipment
2705+15 or the services provided and may not be based on the number of
2706+16 traffic citations issued or the revenue generated by the
2707+17 system.
2708+18 (o-1) No member of the General Assembly and no officer or
2709+19 employee of a municipality or county shall knowingly accept
2710+20 employment or receive compensation or fees for services from a
2711+21 vendor that provides automated traffic law enforcement system
2712+22 equipment or services to municipalities or counties. No former
2713+23 member of the General Assembly shall, within a period of 2
2714+24 years immediately after the termination of service as a member
2715+25 of the General Assembly, knowingly accept employment or
2716+26 receive compensation or fees for services from a vendor that
2717+
2718+
2719+
2720+
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2723+
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2726+ HB3903 Enrolled - 77 - LRB103 26454 DTM 52817 b
2727+1 provides automated traffic law enforcement system equipment or
2728+2 services to municipalities or counties. No former officer or
2729+3 employee of a municipality or county shall, within a period of
2730+4 2 years immediately after the termination of municipal or
2731+5 county employment, knowingly accept employment or receive
2732+6 compensation or fees for services from a vendor that provides
2733+7 automated traffic law enforcement system equipment or services
2734+8 to municipalities or counties.
2735+9 (p) No person who is the lessor of a motor vehicle pursuant
2736+10 to a written lease agreement shall be liable for an automated
2737+11 speed or traffic law enforcement system violation involving
2738+12 such motor vehicle during the period of the lease; provided
2739+13 that upon the request of the appropriate authority received
2740+14 within 120 days after the violation occurred, the lessor
2741+15 provides within 60 days after such receipt the name and
2742+16 address of the lessee.
2743+17 Upon the provision of information by the lessor pursuant
2744+18 to this subsection, the county or municipality may issue the
2745+19 violation to the lessee of the vehicle in the same manner as it
2746+20 would issue a violation to a registered owner of a vehicle
2747+21 pursuant to this Section, and the lessee may be held liable for
2748+22 the violation.
2749+23 (q) (Blank).
2750+24 (r) After a municipality or county enacts an ordinance
2751+25 providing for automated traffic law enforcement systems under
2752+26 this Section, each school district within that municipality or
2753+
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2762+ HB3903 Enrolled - 78 - LRB103 26454 DTM 52817 b
2763+1 county's jurisdiction may implement an automated traffic law
2764+2 enforcement system under this Section. The elected school
2765+3 board for that district must approve the implementation of an
2766+4 automated traffic law enforcement system. The school district
2767+5 shall be responsible for entering into a contract, approved by
2768+6 the elected school board of that district, with vendors for
2769+7 the installation, maintenance, and operation of the automated
2770+8 traffic law enforcement system. The school district must enter
2771+9 into an intergovernmental agreement, approved by the elected
2772+10 school board of that district, with the municipality or county
2773+11 with jurisdiction over that school district for the
2774+12 administration of the automated traffic law enforcement
2775+13 system. The proceeds from a school district's automated
2776+14 traffic law enforcement system's fines shall be divided
2777+15 equally between the school district and the municipality or
2778+16 county administering the automated traffic law enforcement
2779+17 system.
2780+18 (s) If a county or municipality changes the vendor it uses
2781+19 for its automated traffic law enforcement system and must, as
2782+20 a consequence, apply for a permit, approval, or other
2783+21 authorization from the Department for reinstallation of one or
2784+22 more malfunctioning components of that system and if, at the
2785+23 time of the application, the new vendor operates an automated
2786+24 traffic law enforcement system for any other county or
2787+25 municipality in the State, then the Department shall approve
2788+26 or deny the county or municipality's application for that
2789+
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2798+ HB3903 Enrolled - 79 - LRB103 26454 DTM 52817 b
2799+1 permit, approval, or other authorization within 90 days after
2800+2 its receipt.
2801+3 (t) The Department may revoke any permit, approval, or
2802+4 other authorization granted to a county or municipality for
2803+5 the placement, installation, or operation of an automated
2804+6 traffic law enforcement system if any official or employee who
2805+7 serves that county or municipality is charged with bribery,
2806+8 official misconduct, or a similar crime related to the
2807+9 placement, installation, or operation of the automated traffic
2808+10 law enforcement system in the county or municipality.
2809+11 The Department shall adopt any rules necessary to
2810+12 implement and administer this subsection. The rules adopted by
2811+13 the Department shall describe the revocation process, shall
2812+14 ensure that notice of the revocation is provided, and shall
2813+15 provide an opportunity to appeal the revocation. Any county or
2814+16 municipality that has a permit, approval, or other
2815+17 authorization revoked under this subsection may not reapply
2816+18 for such a permit, approval, or other authorization for a
2817+19 period of 1 year after the revocation.
2818+20 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2819+21 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
2820+22 Section 95. No acceleration or delay. Where this Act makes
2821+23 changes in a statute that is represented in this Act by text
2822+24 that is not yet or no longer in effect (for example, a Section
2823+25 represented by multiple versions), the use of that text does
2824+
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2833+ HB3903 Enrolled - 80 - LRB103 26454 DTM 52817 b
2834+1 not accelerate or delay the taking effect of (i) the changes
2835+2 made by this Act or (ii) provisions derived from any other
2836+3 Public Act.
2837+4 Section 99. Effective date. This Act takes effect upon
2838+5 becoming law.
2839+
2840+
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