Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2272 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2272 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8625 ILCS 5/11-208.9 Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024. LRB103 30594 MXP 57034 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2272 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8625 ILCS 5/11-208.9 10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8 625 ILCS 5/11-208.9 Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024. LRB103 30594 MXP 57034 b LRB103 30594 MXP 57034 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2272 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8625 ILCS 5/11-208.9 10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8 625 ILCS 5/11-208.9
4	4	10 ILCS 5/9-50 new
5	5	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
6	6	625 ILCS 5/11-208.6
7	7	625 ILCS 5/11-208.8
8	8	625 ILCS 5/11-208.9
9	9	Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024.
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15	15	1 AN ACT concerning transportation.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Election Code is amended by adding Section
19	19	5 9-50 as follows:
20	20	6 (10 ILCS 5/9-50 new)
21	21	7 Sec. 9-50. Contractor providing automated traffic systems;
22	22	8 contributions. A contractor that provides equipment and
23	23	9 services for automated law enforcement, automated speed
24	24	10 enforcement, or automated railroad grade crossing enforcement
25	25	11 systems to municipalities or counties or any political action
26	26	12 committee created by such a contractor may not make a campaign
27	27	13 contribution to any political committee established to promote
28	28	14 the candidacy of a candidate or public official in an
29	29	15 aggregate value over $500 in a calendar year. An officer or
30	30	16 agent of such a contractor may not consent to any contribution
31	31	17 or expenditure that is prohibited by this Section. A
32	32	18 candidate, political committee, or other person may not
33	33	19 knowingly accept or receive any contribution prohibited by
34	34	20 this Section. As used in this Section, "automated law
35	35	21 enforcement system", "automated speed enforcement system", and
36	36	22 "automated railroad grade crossing enforcement system" have
37	37	23 the meaning ascribed to those terms in Article II of Chapter 11
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2272 Introduced 2/10/2023, by Sen. Omar Aquino SYNOPSIS AS INTRODUCED:
42	42	10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8625 ILCS 5/11-208.9 10 ILCS 5/9-50 new 625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3 625 ILCS 5/11-208.6 625 ILCS 5/11-208.8 625 ILCS 5/11-208.9
43	43	10 ILCS 5/9-50 new
44	44	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
45	45	625 ILCS 5/11-208.6
46	46	625 ILCS 5/11-208.8
47	47	625 ILCS 5/11-208.9
48	48	Amends the Election Code. Provides that a contractor that provides equipment and services for automated law enforcement, automated speed enforcement, or automated railroad grade crossing enforcement systems to municipalities or counties or any political action committee created by such a contractor may not make a campaign contribution to any political committee established to promote the candidacy of a candidate or public official in an aggregate value over $500 in a calendar year. Amends the Illinois Vehicle Code. Provides that a municipality's or county's automated speed enforcement system or automated traffic law ordinance shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any contractor retained by the municipality or county. Provides that any contract or agreement violating such a provision in the ordinance is null and void. Provides that signage at an intersection informing drivers of an automated traffic law enforcement system shall also inform drivers whether, following a stop, a right turn at the intersection is permitted or prohibited. Requires a statistical analysis of automated traffic law and speed enforcement systems every 3 years. Provides that no officer or employee of a municipality or county shall knowingly accept employment or receive compensation or fees for services from a contractor that provides automated enforcement system equipment or services to municipalities or counties until 2 years immediately after the termination of municipal or county employment. Effective January 1, 2024.
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51	51	A BILL FOR
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57	57	10 ILCS 5/9-50 new
58	58	625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
59	59	625 ILCS 5/11-208.6
60	60	625 ILCS 5/11-208.8
61	61	625 ILCS 5/11-208.9
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80	80	1 of the Illinois Vehicle Code.
81	81	2 Section 10. The Illinois Vehicle Code is amended by
82	82	3 changing Sections 11-208.3, 11-208.6, 11-208.8, and 11-208.9
83	83	4 as follows:
84	84	5 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
85	85	6 Sec. 11-208.3. Administrative adjudication of violations
86	86	7 of traffic regulations concerning the standing, parking, or
87	87	8 condition of vehicles, automated traffic law violations, and
88	88	9 automated speed enforcement system violations.
89	89	10 (a) Any municipality or county may provide by ordinance
90	90	11 for a system of administrative adjudication of vehicular
91	91	12 standing and parking violations and vehicle compliance
92	92	13 violations as described in this subsection, automated traffic
93	93	14 law violations as defined in Section 11-208.6, 11-208.9, or
94	94	15 11-1201.1, and automated speed enforcement system violations
95	95	16 as defined in Section 11-208.8. The administrative system
96	96	17 shall have as its purpose the fair and efficient enforcement
97	97	18 of municipal or county regulations through the administrative
98	98	19 adjudication of automated speed enforcement system or
99	99	20 automated traffic law violations and violations of municipal
100	100	21 or county ordinances regulating the standing and parking of
101	101	22 vehicles, the condition and use of vehicle equipment, and the
102	102	23 display of municipal or county wheel tax licenses within the
103	103	24 municipality's or county's borders. The administrative system
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114	114	1 shall only have authority to adjudicate civil offenses
115	115	2 carrying fines not in excess of $500 or requiring the
116	116	3 completion of a traffic education program, or both, that occur
117	117	4 after the effective date of the ordinance adopting such a
118	118	5 system under this Section. For purposes of this Section,
119	119	6 "compliance violation" means a violation of a municipal or
120	120	7 county regulation governing the condition or use of equipment
121	121	8 on a vehicle or governing the display of a municipal or county
122	122	9 wheel tax license.
123	123	10 (b) Any ordinance establishing a system of administrative
124	124	11 adjudication under this Section shall provide for:
125	125	12 (1) A traffic compliance administrator authorized to
126	126	13 adopt, distribute, and process parking, compliance, and
127	127	14 automated speed enforcement system or automated traffic
128	128	15 law violation notices and other notices required by this
129	129	16 Section, collect money paid as fines and penalties for
130	130	17 violation of parking and compliance ordinances and
131	131	18 automated speed enforcement system or automated traffic
132	132	19 law violations, and operate an administrative adjudication
133	133	20 system.
134	134	21 (2) A parking, standing, compliance, automated speed
135	135	22 enforcement system, or automated traffic law violation
136	136	23 notice that shall specify or include the date, time, and
137	137	24 place of violation of a parking, standing, compliance,
138	138	25 automated speed enforcement system, or automated traffic
139	139	26 law regulation; the particular regulation violated; any
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150	150	1 requirement to complete a traffic education program; the
151	151	2 fine and any penalty that may be assessed for late payment
152	152	3 or failure to complete a required traffic education
153	153	4 program, or both, when so provided by ordinance; the
154	154	5 vehicle make or a photograph of the vehicle; the state
155	155	6 registration number of the vehicle; and the identification
156	156	7 number of the person issuing the notice. With regard to
157	157	8 automated speed enforcement system or automated traffic
158	158	9 law violations, vehicle make shall be specified on the
159	159	10 automated speed enforcement system or automated traffic
160	160	11 law violation notice if the notice does not include a
161	161	12 photograph of the vehicle and the make is available and
162	162	13 readily discernible. With regard to municipalities or
163	163	14 counties with a population of 1 million or more, it shall
164	164	15 be grounds for dismissal of a parking violation if the
165	165	16 state registration number or vehicle make specified is
166	166	17 incorrect. The violation notice shall state that the
167	167	18 completion of any required traffic education program, the
168	168	19 payment of any indicated fine, and the payment of any
169	169	20 applicable penalty for late payment or failure to complete
170	170	21 a required traffic education program, or both, shall
171	171	22 operate as a final disposition of the violation. The
172	172	23 notice also shall contain information as to the
173	173	24 availability of a hearing in which the violation may be
174	174	25 contested on its merits. The violation notice shall
175	175	26 specify the time and manner in which a hearing may be had.
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186	186	1 (3) Service of a parking, standing, or compliance
187	187	2 violation notice by: (i) affixing the original or a
188	188	3 facsimile of the notice to an unlawfully parked or
189	189	4 standing vehicle; (ii) handing the notice to the operator
190	190	5 of a vehicle if he or she is present; or (iii) mailing the
191	191	6 notice to the address of the registered owner or lessee of
192	192	7 the cited vehicle as recorded with the Secretary of State
193	193	8 or the lessor of the motor vehicle within 30 days after the
194	194	9 Secretary of State or the lessor of the motor vehicle
195	195	10 notifies the municipality or county of the identity of the
196	196	11 owner or lessee of the vehicle, but not later than 90 days
197	197	12 after the date of the violation, except that in the case of
198	198	13 a lessee of a motor vehicle, service of a parking,
199	199	14 standing, or compliance violation notice may occur no
200	200	15 later than 210 days after the violation; and service of an
201	201	16 automated speed enforcement system or automated traffic
202	202	17 law violation notice by mail to the address of the
203	203	18 registered owner or lessee of the cited vehicle as
204	204	19 recorded with the Secretary of State or the lessor of the
205	205	20 motor vehicle within 30 days after the Secretary of State
206	206	21 or the lessor of the motor vehicle notifies the
207	207	22 municipality or county of the identity of the owner or
208	208	23 lessee of the vehicle, but not later than 90 days after the
209	209	24 violation, except that in the case of a lessee of a motor
210	210	25 vehicle, service of an automated traffic law violation
211	211	26 notice may occur no later than 210 days after the
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222	222	1 violation. A person authorized by ordinance to issue and
223	223	2 serve parking, standing, and compliance violation notices
224	224	3 shall certify as to the correctness of the facts entered
225	225	4 on the violation notice by signing his or her name to the
226	226	5 notice at the time of service or, in the case of a notice
227	227	6 produced by a computerized device, by signing a single
228	228	7 certificate to be kept by the traffic compliance
229	229	8 administrator attesting to the correctness of all notices
230	230	9 produced by the device while it was under his or her
231	231	10 control. In the case of an automated traffic law
232	232	11 violation, the ordinance shall require a determination by
233	233	12 a technician employed or contracted by the municipality or
234	234	13 county that, based on inspection of recorded images, the
235	235	14 motor vehicle was being operated in violation of Section
236	236	15 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
237	237	16 the technician determines that the vehicle entered the
238	238	17 intersection as part of a funeral procession or in order
239	239	18 to yield the right-of-way to an emergency vehicle, a
240	240	19 citation shall not be issued. In municipalities with a
241	241	20 population of less than 1,000,000 inhabitants and counties
242	242	21 with a population of less than 3,000,000 inhabitants, the
243	243	22 automated traffic law ordinance shall require that all
244	244	23 determinations by a technician that a motor vehicle was
245	245	24 being operated in violation of Section 11-208.6, 11-208.9,
246	246	25 or 11-1201.1 or a local ordinance must be reviewed and
247	247	26 approved by a law enforcement officer or retired law
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258	258	1 enforcement officer of the municipality or county issuing
259	259	2 the violation. In municipalities with a population of
260	260	3 1,000,000 or more inhabitants and counties with a
261	261	4 population of 3,000,000 or more inhabitants, the automated
262	262	5 traffic law ordinance shall require that all
263	263	6 determinations by a technician that a motor vehicle was
264	264	7 being operated in violation of Section 11-208.6, 11-208.9,
265	265	8 or 11-1201.1 or a local ordinance must be reviewed and
266	266	9 approved by a law enforcement officer or retired law
267	267	10 enforcement officer of the municipality or county issuing
268	268	11 the violation or by an additional fully trained reviewing
269	269	12 technician who is not employed by the contractor who
270	270	13 employs the technician who made the initial determination.
271	271	14 In the case of an automated speed enforcement system
272	272	15 violation, the ordinance shall require a determination by
273	273	16 a technician employed by the municipality, based upon an
274	274	17 inspection of recorded images, video or other
275	275	18 documentation, including documentation of the speed limit
276	276	19 and automated speed enforcement signage, and documentation
277	277	20 of the inspection, calibration, and certification of the
278	278	21 speed equipment, that the vehicle was being operated in
279	279	22 violation of Article VI of Chapter 11 of this Code or a
280	280	23 similar local ordinance. If the technician determines that
281	281	24 the vehicle speed was not determined by a calibrated,
282	282	25 certified speed equipment device based upon the speed
283	283	26 equipment documentation, or if the vehicle was an
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294	294	1 emergency vehicle, a citation may not be issued. The
295	295	2 automated speed enforcement ordinance shall require that
296	296	3 all determinations by a technician that a violation
297	297	4 occurred be reviewed and approved by a law enforcement
298	298	5 officer or retired law enforcement officer of the
299	299	6 municipality issuing the violation or by an additional
300	300	7 fully trained reviewing technician who is not employed by
301	301	8 the contractor who employs the technician who made the
302	302	9 initial determination. Routine and independent calibration
303	303	10 of the speeds produced by automated speed enforcement
304	304	11 systems and equipment shall be conducted annually by a
305	305	12 qualified technician. Speeds produced by an automated
306	306	13 speed enforcement system shall be compared with speeds
307	307	14 produced by lidar or other independent equipment. Radar or
308	308	15 lidar equipment shall undergo an internal validation test
309	309	16 no less frequently than once each week. Qualified
310	310	17 technicians shall test loop-based equipment no less
311	311	18 frequently than once a year. Radar equipment shall be
312	312	19 checked for accuracy by a qualified technician when the
313	313	20 unit is serviced, when unusual or suspect readings
314	314	21 persist, or when deemed necessary by a reviewing
315	315	22 technician. Radar equipment shall be checked with the
316	316	23 internal frequency generator and the internal circuit test
317	317	24 whenever the radar is turned on. Technicians must be alert
318	318	25 for any unusual or suspect readings, and if unusual or
319	319	26 suspect readings of a radar unit persist, that unit shall
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330	330	1 immediately be removed from service and not returned to
331	331	2 service until it has been checked by a qualified
332	332	3 technician and determined to be functioning properly.
333	333	4 Documentation of the annual calibration results, including
334	334	5 the equipment tested, test date, technician performing the
335	335	6 test, and test results, shall be maintained and available
336	336	7 for use in the determination of an automated speed
337	337	8 enforcement system violation and issuance of a citation.
338	338	9 The technician performing the calibration and testing of
339	339	10 the automated speed enforcement equipment shall be trained
340	340	11 and certified in the use of equipment for speed
341	341	12 enforcement purposes. Training on the speed enforcement
342	342	13 equipment may be conducted by law enforcement, civilian,
343	343	14 or manufacturer's personnel and if applicable may be
344	344	15 equivalent to the equipment use and operations training
345	345	16 included in the Speed Measuring Device Operator Program
346	346	17 developed by the National Highway Traffic Safety
347	347	18 Administration (NHTSA). The vendor or technician who
348	348	19 performs the work shall keep accurate records on each
349	349	20 piece of equipment the technician calibrates and tests. As
350	350	21 used in this paragraph, "fully trained reviewing
351	351	22 technician" means a person who has received at least 40
352	352	23 hours of supervised training in subjects which shall
353	353	24 include image inspection and interpretation, the elements
354	354	25 necessary to prove a violation, license plate
355	355	26 identification, and traffic safety and management. In all
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366	366	1 municipalities and counties, the automated speed
367	367	2 enforcement system or automated traffic law ordinance
368	368	3 shall require that no additional fee shall be charged to
369	369	4 the alleged violator for exercising his or her right to an
370	370	5 administrative hearing, and persons shall be given at
371	371	6 least 25 days following an administrative hearing to pay
372	372	7 any civil penalty imposed by a finding that Section
373	373	8 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
374	374	9 local ordinance has been violated. The original or a
375	375	10 facsimile of the violation notice or, in the case of a
376	376	11 notice produced by a computerized device, a printed record
377	377	12 generated by the device showing the facts entered on the
378	378	13 notice, shall be retained by the traffic compliance
379	379	14 administrator, and shall be a record kept in the ordinary
380	380	15 course of business. A parking, standing, compliance,
381	381	16 automated speed enforcement system, or automated traffic
382	382	17 law violation notice issued, signed, and served in
383	383	18 accordance with this Section, a copy of the notice, or the
384	384	19 computer-generated record shall be prima facie correct and
385	385	20 shall be prima facie evidence of the correctness of the
386	386	21 facts shown on the notice. The notice, copy, or
387	387	22 computer-generated record shall be admissible in any
388	388	23 subsequent administrative or legal proceedings.
389	389	24 (4) An opportunity for a hearing for the registered
390	390	25 owner of the vehicle cited in the parking, standing,
391	391	26 compliance, automated speed enforcement system, or
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402	402	1 automated traffic law violation notice in which the owner
403	403	2 may contest the merits of the alleged violation, and
404	404	3 during which formal or technical rules of evidence shall
405	405	4 not apply; provided, however, that under Section 11-1306
406	406	5 of this Code the lessee of a vehicle cited in the violation
407	407	6 notice likewise shall be provided an opportunity for a
408	408	7 hearing of the same kind afforded the registered owner.
409	409	8 The hearings shall be recorded, and the person conducting
410	410	9 the hearing on behalf of the traffic compliance
411	411	10 administrator shall be empowered to administer oaths and
412	412	11 to secure by subpoena both the attendance and testimony of
413	413	12 witnesses and the production of relevant books and papers.
414	414	13 Persons appearing at a hearing under this Section may be
415	415	14 represented by counsel at their expense. The ordinance may
416	416	15 also provide for internal administrative review following
417	417	16 the decision of the hearing officer.
418	418	17 (5) Service of additional notices, sent by first class
419	419	18 United States mail, postage prepaid, to the address of the
420	420	19 registered owner of the cited vehicle as recorded with the
421	421	20 Secretary of State or, if any notice to that address is
422	422	21 returned as undeliverable, to the last known address
423	423	22 recorded in a United States Post Office approved database,
424	424	23 or, under Section 11-1306 or subsection (p) of Section
425	425	24 11-208.6 or 11-208.9, or subsection (p) of Section
426	426	25 11-208.8 of this Code, to the lessee of the cited vehicle
427	427	26 at the last address known to the lessor of the cited
428	428
429	429
430	430
431	431
432	432
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434	434
435	435
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437	437	SB2272 - 12 - LRB103 30594 MXP 57034 b
438	438	1 vehicle at the time of lease or, if any notice to that
439	439	2 address is returned as undeliverable, to the last known
440	440	3 address recorded in a United States Post Office approved
441	441	4 database. The service shall be deemed complete as of the
442	442	5 date of deposit in the United States mail. The notices
443	443	6 shall be in the following sequence and shall include, but
444	444	7 not be limited to, the information specified herein:
445	445	8 (i) A second notice of parking, standing, or
446	446	9 compliance violation if the first notice of the
447	447	10 violation was issued by affixing the original or a
448	448	11 facsimile of the notice to the unlawfully parked
449	449	12 vehicle or by handing the notice to the operator. This
450	450	13 notice shall specify or include the date and location
451	451	14 of the violation cited in the parking, standing, or
452	452	15 compliance violation notice, the particular regulation
453	453	16 violated, the vehicle make or a photograph of the
454	454	17 vehicle, the state registration number of the vehicle,
455	455	18 any requirement to complete a traffic education
456	456	19 program, the fine and any penalty that may be assessed
457	457	20 for late payment or failure to complete a traffic
458	458	21 education program, or both, when so provided by
459	459	22 ordinance, the availability of a hearing in which the
460	460	23 violation may be contested on its merits, and the time
461	461	24 and manner in which the hearing may be had. The notice
462	462	25 of violation shall also state that failure to complete
463	463	26 a required traffic education program, to pay the
464	464
465	465
466	466
467	467
468	468
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470	470
471	471
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473	473	SB2272 - 13 - LRB103 30594 MXP 57034 b
474	474	1 indicated fine and any applicable penalty, or to
475	475	2 appear at a hearing on the merits in the time and
476	476	3 manner specified, will result in a final determination
477	477	4 of violation liability for the cited violation in the
478	478	5 amount of the fine or penalty indicated, and that,
479	479	6 upon the occurrence of a final determination of
480	480	7 violation liability for the failure, and the
481	481	8 exhaustion of, or failure to exhaust, available
482	482	9 administrative or judicial procedures for review, any
483	483	10 incomplete traffic education program or any unpaid
484	484	11 fine or penalty, or both, will constitute a debt due
485	485	12 and owing the municipality or county.
486	486	13 (ii) A notice of final determination of parking,
487	487	14 standing, compliance, automated speed enforcement
488	488	15 system, or automated traffic law violation liability.
489	489	16 This notice shall be sent following a final
490	490	17 determination of parking, standing, compliance,
491	491	18 automated speed enforcement system, or automated
492	492	19 traffic law violation liability and the conclusion of
493	493	20 judicial review procedures taken under this Section.
494	494	21 The notice shall state that the incomplete traffic
495	495	22 education program or the unpaid fine or penalty, or
496	496	23 both, is a debt due and owing the municipality or
497	497	24 county. The notice shall contain warnings that failure
498	498	25 to complete any required traffic education program or
499	499	26 to pay any fine or penalty due and owing the
500	500
501	501
502	502
503	503
504	504
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506	506
507	507
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509	509	SB2272 - 14 - LRB103 30594 MXP 57034 b
510	510	1 municipality or county, or both, within the time
511	511	2 specified may result in the municipality's or county's
512	512	3 filing of a petition in the Circuit Court to have the
513	513	4 incomplete traffic education program or unpaid fine or
514	514	5 penalty, or both, rendered a judgment as provided by
515	515	6 this Section, or, where applicable, may result in
516	516	7 suspension of the person's driver's license for
517	517	8 failure to complete a traffic education program.
518	518	9 (6) A notice of impending driver's license suspension.
519	519	10 This notice shall be sent to the person liable for failure
520	520	11 to complete a required traffic education program. The
521	521	12 notice shall state that failure to complete a required
522	522	13 traffic education program within 45 days of the notice's
523	523	14 date will result in the municipality or county notifying
524	524	15 the Secretary of State that the person is eligible for
525	525	16 initiation of suspension proceedings under Section 6-306.5
526	526	17 of this Code. The notice shall also state that the person
527	527	18 may obtain a photostatic copy of an original ticket
528	528	19 imposing a fine or penalty by sending a self-addressed,
529	529	20 stamped envelope to the municipality or county along with
530	530	21 a request for the photostatic copy. The notice of
531	531	22 impending driver's license suspension shall be sent by
532	532	23 first class United States mail, postage prepaid, to the
533	533	24 address recorded with the Secretary of State or, if any
534	534	25 notice to that address is returned as undeliverable, to
535	535	26 the last known address recorded in a United States Post
536	536
537	537
538	538
539	539
540	540
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542	542
543	543
544	544	SB2272- 15 -LRB103 30594 MXP 57034 b SB2272 - 15 - LRB103 30594 MXP 57034 b
545	545	SB2272 - 15 - LRB103 30594 MXP 57034 b
546	546	1 Office approved database.
547	547	2 (7) Final determinations of violation liability. A
548	548	3 final determination of violation liability shall occur
549	549	4 following failure to complete the required traffic
550	550	5 education program or to pay the fine or penalty, or both,
551	551	6 after a hearing officer's determination of violation
552	552	7 liability and the exhaustion of or failure to exhaust any
553	553	8 administrative review procedures provided by ordinance.
554	554	9 Where a person fails to appear at a hearing to contest the
555	555	10 alleged violation in the time and manner specified in a
556	556	11 prior mailed notice, the hearing officer's determination
557	557	12 of violation liability shall become final: (A) upon denial
558	558	13 of a timely petition to set aside that determination, or
559	559	14 (B) upon expiration of the period for filing the petition
560	560	15 without a filing having been made.
561	561	16 (8) A petition to set aside a determination of
562	562	17 parking, standing, compliance, automated speed enforcement
563	563	18 system, or automated traffic law violation liability that
564	564	19 may be filed by a person owing an unpaid fine or penalty. A
565	565	20 petition to set aside a determination of liability may
566	566	21 also be filed by a person required to complete a traffic
567	567	22 education program. The petition shall be filed with and
568	568	23 ruled upon by the traffic compliance administrator in the
569	569	24 manner and within the time specified by ordinance. The
570	570	25 grounds for the petition may be limited to: (A) the person
571	571	26 not having been the owner or lessee of the cited vehicle on
572	572
573	573
574	574
575	575
576	576
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578	578
579	579
580	580	SB2272- 16 -LRB103 30594 MXP 57034 b SB2272 - 16 - LRB103 30594 MXP 57034 b
581	581	SB2272 - 16 - LRB103 30594 MXP 57034 b
582	582	1 the date the violation notice was issued, (B) the person
583	583	2 having already completed the required traffic education
584	584	3 program or paid the fine or penalty, or both, for the
585	585	4 violation in question, and (C) excusable failure to appear
586	586	5 at or request a new date for a hearing. With regard to
587	587	6 municipalities or counties with a population of 1 million
588	588	7 or more, it shall be grounds for dismissal of a parking
589	589	8 violation if the state registration number or vehicle
590	590	9 make, only if specified in the violation notice, is
591	591	10 incorrect. After the determination of parking, standing,
592	592	11 compliance, automated speed enforcement system, or
593	593	12 automated traffic law violation liability has been set
594	594	13 aside upon a showing of just cause, the registered owner
595	595	14 shall be provided with a hearing on the merits for that
596	596	15 violation.
597	597	16 (9) Procedures for non-residents. Procedures by which
598	598	17 persons who are not residents of the municipality or
599	599	18 county may contest the merits of the alleged violation
600	600	19 without attending a hearing.
601	601	20 (10) A schedule of civil fines for violations of
602	602	21 vehicular standing, parking, compliance, automated speed
603	603	22 enforcement system, or automated traffic law regulations
604	604	23 enacted by ordinance pursuant to this Section, and a
605	605	24 schedule of penalties for late payment of the fines or
606	606	25 failure to complete required traffic education programs,
607	607	26 provided, however, that the total amount of the fine and
608	608
609	609
610	610
611	611
612	612
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614	614
615	615
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617	617	SB2272 - 17 - LRB103 30594 MXP 57034 b
618	618	1 penalty for any one violation shall not exceed $250,
619	619	2 except as provided in subsection (c) of Section 11-1301.3
620	620	3 of this Code.
621	621	4 (11) Other provisions as are necessary and proper to
622	622	5 carry into effect the powers granted and purposes stated
623	623	6 in this Section.
624	624	7 (b-5) An automated speed enforcement system or automated
625	625	8 traffic law ordinance adopted under this Section by a
626	626	9 municipality or county shall require that the determination to
627	627	10 issue a citation be vested solely with the municipality or
628	628	11 county and that such authority may not be delegated to any
629	629	12 contractor retained by the municipality or county. Any
630	630	13 contract or agreement violating such a provision in the
631	631	14 ordinance is null and void.
632	632	15 (c) Any municipality or county establishing vehicular
633	633	16 standing, parking, compliance, automated speed enforcement
634	634	17 system, or automated traffic law regulations under this
635	635	18 Section may also provide by ordinance for a program of vehicle
636	636	19 immobilization for the purpose of facilitating enforcement of
637	637	20 those regulations. The program of vehicle immobilization shall
638	638	21 provide for immobilizing any eligible vehicle upon the public
639	639	22 way by presence of a restraint in a manner to prevent operation
640	640	23 of the vehicle. Any ordinance establishing a program of
641	641	24 vehicle immobilization under this Section shall provide:
642	642	25 (1) Criteria for the designation of vehicles eligible
643	643	26 for immobilization. A vehicle shall be eligible for
644	644
645	645
646	646
647	647
648	648
649	649	SB2272 - 17 - LRB103 30594 MXP 57034 b
650	650
651	651
652	652	SB2272- 18 -LRB103 30594 MXP 57034 b SB2272 - 18 - LRB103 30594 MXP 57034 b
653	653	SB2272 - 18 - LRB103 30594 MXP 57034 b
654	654	1 immobilization when the registered owner of the vehicle
655	655	2 has accumulated the number of incomplete traffic education
656	656	3 programs or unpaid final determinations of parking,
657	657	4 standing, compliance, automated speed enforcement system,
658	658	5 or automated traffic law violation liability, or both, as
659	659	6 determined by ordinance.
660	660	7 (2) A notice of impending vehicle immobilization and a
661	661	8 right to a hearing to challenge the validity of the notice
662	662	9 by disproving liability for the incomplete traffic
663	663	10 education programs or unpaid final determinations of
664	664	11 parking, standing, compliance, automated speed enforcement
665	665	12 system, or automated traffic law violation liability, or
666	666	13 both, listed on the notice.
667	667	14 (3) The right to a prompt hearing after a vehicle has
668	668	15 been immobilized or subsequently towed without the
669	669	16 completion of the required traffic education program or
670	670	17 payment of the outstanding fines and penalties on parking,
671	671	18 standing, compliance, automated speed enforcement system,
672	672	19 or automated traffic law violations, or both, for which
673	673	20 final determinations have been issued. An order issued
674	674	21 after the hearing is a final administrative decision
675	675	22 within the meaning of Section 3-101 of the Code of Civil
676	676	23 Procedure.
677	677	24 (4) A post immobilization and post-towing notice
678	678	25 advising the registered owner of the vehicle of the right
679	679	26 to a hearing to challenge the validity of the impoundment.
680	680
681	681
682	682
683	683
684	684
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686	686
687	687
688	688	SB2272- 19 -LRB103 30594 MXP 57034 b SB2272 - 19 - LRB103 30594 MXP 57034 b
689	689	SB2272 - 19 - LRB103 30594 MXP 57034 b
690	690	1 (d) Judicial review of final determinations of parking,
691	691	2 standing, compliance, automated speed enforcement system, or
692	692	3 automated traffic law violations and final administrative
693	693	4 decisions issued after hearings regarding vehicle
694	694	5 immobilization and impoundment made under this Section shall
695	695	6 be subject to the provisions of the Administrative Review Law.
696	696	7 (e) Any fine, penalty, incomplete traffic education
697	697	8 program, or part of any fine or any penalty remaining unpaid
698	698	9 after the exhaustion of, or the failure to exhaust,
699	699	10 administrative remedies created under this Section and the
700	700	11 conclusion of any judicial review procedures shall be a debt
701	701	12 due and owing the municipality or county and, as such, may be
702	702	13 collected in accordance with applicable law. Completion of any
703	703	14 required traffic education program and payment in full of any
704	704	15 fine or penalty resulting from a standing, parking,
705	705	16 compliance, automated speed enforcement system, or automated
706	706	17 traffic law violation shall constitute a final disposition of
707	707	18 that violation.
708	708	19 (f) After the expiration of the period within which
709	709	20 judicial review may be sought for a final determination of
710	710	21 parking, standing, compliance, automated speed enforcement
711	711	22 system, or automated traffic law violation, the municipality
712	712	23 or county may commence a proceeding in the Circuit Court for
713	713	24 purposes of obtaining a judgment on the final determination of
714	714	25 violation. Nothing in this Section shall prevent a
715	715	26 municipality or county from consolidating multiple final
716	716
717	717
718	718
719	719
720	720
721	721	SB2272 - 19 - LRB103 30594 MXP 57034 b
722	722
723	723
724	724	SB2272- 20 -LRB103 30594 MXP 57034 b SB2272 - 20 - LRB103 30594 MXP 57034 b
725	725	SB2272 - 20 - LRB103 30594 MXP 57034 b
726	726	1 determinations of parking, standing, compliance, automated
727	727	2 speed enforcement system, or automated traffic law violations
728	728	3 against a person in a proceeding. Upon commencement of the
729	729	4 action, the municipality or county shall file a certified copy
730	730	5 or record of the final determination of parking, standing,
731	731	6 compliance, automated speed enforcement system, or automated
732	732	7 traffic law violation, which shall be accompanied by a
733	733	8 certification that recites facts sufficient to show that the
734	734	9 final determination of violation was issued in accordance with
735	735	10 this Section and the applicable municipal or county ordinance.
736	736	11 Service of the summons and a copy of the petition may be by any
737	737	12 method provided by Section 2-203 of the Code of Civil
738	738	13 Procedure or by certified mail, return receipt requested,
739	739	14 provided that the total amount of fines and penalties for
740	740	15 final determinations of parking, standing, compliance,
741	741	16 automated speed enforcement system, or automated traffic law
742	742	17 violations does not exceed $2500. If the court is satisfied
743	743	18 that the final determination of parking, standing, compliance,
744	744	19 automated speed enforcement system, or automated traffic law
745	745	20 violation was entered in accordance with the requirements of
746	746	21 this Section and the applicable municipal or county ordinance,
747	747	22 and that the registered owner or the lessee, as the case may
748	748	23 be, had an opportunity for an administrative hearing and for
749	749	24 judicial review as provided in this Section, the court shall
750	750	25 render judgment in favor of the municipality or county and
751	751	26 against the registered owner or the lessee for the amount
752	752
753	753
754	754
755	755
756	756
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758	758
759	759
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761	761	SB2272 - 21 - LRB103 30594 MXP 57034 b
762	762	1 indicated in the final determination of parking, standing,
763	763	2 compliance, automated speed enforcement system, or automated
764	764	3 traffic law violation, plus costs. The judgment shall have the
765	765	4 same effect and may be enforced in the same manner as other
766	766	5 judgments for the recovery of money.
767	767	6 (g) The fee for participating in a traffic education
768	768	7 program under this Section shall not exceed $25.
769	769	8 A low-income individual required to complete a traffic
770	770	9 education program under this Section who provides proof of
771	771	10 eligibility for the federal earned income tax credit under
772	772	11 Section 32 of the Internal Revenue Code or the Illinois earned
773	773	12 income tax credit under Section 212 of the Illinois Income Tax
774	774	13 Act shall not be required to pay any fee for participating in a
775	775	14 required traffic education program.
776	776	15 (h) Notwithstanding any other provision of law to the
777	777	16 contrary, a person shall not be liable for violations, fees,
778	778	17 fines, or penalties under this Section during the period in
779	779	18 which the motor vehicle was stolen or hijacked, as indicated
780	780	19 in a report to the appropriate law enforcement agency filed in
781	781	20 a timely manner.
782	782	21 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
783	783	22 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
784	784	23 1-1-23.)
785	785	24 (625 ILCS 5/11-208.6)
786	786	25 (Text of Section before amendment by P.A. 102-982)
787	787
788	788
789	789
790	790
791	791
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793	793
794	794
795	795	SB2272- 22 -LRB103 30594 MXP 57034 b SB2272 - 22 - LRB103 30594 MXP 57034 b
796	796	SB2272 - 22 - LRB103 30594 MXP 57034 b
797	797	1 Sec. 11-208.6. Automated traffic law enforcement system.
798	798	2 (a) As used in this Section, "automated traffic law
799	799	3 enforcement system" means a device with one or more motor
800	800	4 vehicle sensors working in conjunction with a red light signal
801	801	5 to produce recorded images of motor vehicles entering an
802	802	6 intersection against a red signal indication in violation of
803	803	7 Section 11-306 of this Code or a similar provision of a local
804	804	8 ordinance.
805	805	9 An automated traffic law enforcement system is a system,
806	806	10 in a municipality or county operated by a governmental agency,
807	807	11 that produces a recorded image of a motor vehicle's violation
808	808	12 of a provision of this Code or a local ordinance and is
809	809	13 designed to obtain a clear recorded image of the vehicle and
810	810	14 the vehicle's license plate. The recorded image must also
811	811	15 display the time, date, and location of the violation.
812	812	16 (b) As used in this Section, "recorded images" means
813	813	17 images recorded by an automated traffic law enforcement system
814	814	18 on:
815	815	19 (1) 2 or more photographs;
816	816	20 (2) 2 or more microphotographs;
817	817	21 (3) 2 or more electronic images; or
818	818	22 (4) a video recording showing the motor vehicle and,
819	819	23 on at least one image or portion of the recording, clearly
820	820	24 identifying the registration plate or digital registration
821	821	25 plate number of the motor vehicle.
822	822	26 (b-5) A municipality or county that produces a recorded
823	823
824	824
825	825
826	826
827	827
828	828	SB2272 - 22 - LRB103 30594 MXP 57034 b
829	829
830	830
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832	832	SB2272 - 23 - LRB103 30594 MXP 57034 b
833	833	1 image of a motor vehicle's violation of a provision of this
834	834	2 Code or a local ordinance must make the recorded images of a
835	835	3 violation accessible to the alleged violator by providing the
836	836	4 alleged violator with a website address, accessible through
837	837	5 the Internet.
838	838	6 (c) Except as provided under Section 11-208.8 of this
839	839	7 Code, a county or municipality, including a home rule county
840	840	8 or municipality, may not use an automated traffic law
841	841	9 enforcement system to provide recorded images of a motor
842	842	10 vehicle for the purpose of recording its speed. Except as
843	843	11 provided under Section 11-208.8 of this Code, the regulation
844	844	12 of the use of automated traffic law enforcement systems to
845	845	13 record vehicle speeds is an exclusive power and function of
846	846	14 the State. This subsection (c) is a denial and limitation of
847	847	15 home rule powers and functions under subsection (h) of Section
848	848	16 6 of Article VII of the Illinois Constitution.
849	849	17 (c-5) A county or municipality, including a home rule
850	850	18 county or municipality, may not use an automated traffic law
851	851	19 enforcement system to issue violations in instances where the
852	852	20 motor vehicle comes to a complete stop and does not enter the
853	853	21 intersection, as defined by Section 1-132 of this Code, during
854	854	22 the cycle of the red signal indication unless one or more
855	855	23 pedestrians or bicyclists are present, even if the motor
856	856	24 vehicle stops at a point past a stop line or crosswalk where a
857	857	25 driver is required to stop, as specified in subsection (c) of
858	858	26 Section 11-306 of this Code or a similar provision of a local
859	859
860	860
861	861
862	862
863	863
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865	865
866	866
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868	868	SB2272 - 24 - LRB103 30594 MXP 57034 b
869	869	1 ordinance.
870	870	2 (c-6) A county, or a municipality with less than 2,000,000
871	871	3 inhabitants, including a home rule county or municipality, may
872	872	4 not use an automated traffic law enforcement system to issue
873	873	5 violations in instances where a motorcyclist enters an
874	874	6 intersection against a red signal indication when the red
875	875	7 signal fails to change to a green signal within a reasonable
876	876	8 period of time not less than 120 seconds because of a signal
877	877	9 malfunction or because the signal has failed to detect the
878	878	10 arrival of the motorcycle due to the motorcycle's size or
879	879	11 weight.
880	880	12 (d) For each violation of a provision of this Code or a
881	881	13 local ordinance recorded by an automatic traffic law
882	882	14 enforcement system, the county or municipality having
883	883	15 jurisdiction shall issue a written notice of the violation to
884	884	16 the registered owner of the vehicle as the alleged violator.
885	885	17 The notice shall be delivered to the registered owner of the
886	886	18 vehicle, by mail, within 30 days after the Secretary of State
887	887	19 notifies the municipality or county of the identity of the
888	888	20 owner of the vehicle, but in no event later than 90 days after
889	889	21 the violation.
890	890	22 The notice shall include:
891	891	23 (1) the name and address of the registered owner of
892	892	24 the vehicle;
893	893	25 (2) the registration number of the motor vehicle
894	894	26 involved in the violation;
895	895
896	896
897	897
898	898
899	899
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901	901
902	902
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904	904	SB2272 - 25 - LRB103 30594 MXP 57034 b
905	905	1 (3) the violation charged;
906	906	2 (4) the location where the violation occurred;
907	907	3 (5) the date and time of the violation;
908	908	4 (6) a copy of the recorded images;
909	909	5 (7) the amount of the civil penalty imposed and the
910	910	6 requirements of any traffic education program imposed and
911	911	7 the date by which the civil penalty should be paid and the
912	912	8 traffic education program should be completed;
913	913	9 (8) a statement that recorded images are evidence of a
914	914	10 violation of a red light signal;
915	915	11 (9) a warning that failure to pay the civil penalty,
916	916	12 to complete a required traffic education program, or to
917	917	13 contest liability in a timely manner is an admission of
918	918	14 liability;
919	919	15 (10) a statement that the person may elect to proceed
920	920	16 by:
921	921	17 (A) paying the fine, completing a required traffic
922	922	18 education program, or both; or
923	923	19 (B) challenging the charge in court, by mail, or
924	924	20 by administrative hearing; and
925	925	21 (11) a website address, accessible through the
926	926	22 Internet, where the person may view the recorded images of
927	927	23 the violation.
928	928	24 (e) (Blank).
929	929	25 (f) Based on inspection of recorded images produced by an
930	930	26 automated traffic law enforcement system, a notice alleging
931	931
932	932
933	933
934	934
935	935
936	936	SB2272 - 25 - LRB103 30594 MXP 57034 b
937	937
938	938
939	939	SB2272- 26 -LRB103 30594 MXP 57034 b SB2272 - 26 - LRB103 30594 MXP 57034 b
940	940	SB2272 - 26 - LRB103 30594 MXP 57034 b
941	941	1 that the violation occurred shall be evidence of the facts
942	942	2 contained in the notice and admissible in any proceeding
943	943	3 alleging a violation under this Section.
944	944	4 (g) Recorded images made by an automatic traffic law
945	945	5 enforcement system are confidential and shall be made
946	946	6 available only to the alleged violator and governmental and
947	947	7 law enforcement agencies for purposes of adjudicating a
948	948	8 violation of this Section, for statistical purposes, or for
949	949	9 other governmental purposes. Any recorded image evidencing a
950	950	10 violation of this Section, however, may be admissible in any
951	951	11 proceeding resulting from the issuance of the citation.
952	952	12 (h) The court or hearing officer may consider in defense
953	953	13 of a violation:
954	954	14 (1) that the motor vehicle or registration plates or
955	955	15 digital registration plates of the motor vehicle were
956	956	16 stolen before the violation occurred and not under the
957	957	17 control of or in the possession of the owner or lessee at
958	958	18 the time of the violation;
959	959	19 (1.5) that the motor vehicle was hijacked before the
960	960	20 violation occurred and not under the control of or in the
961	961	21 possession of the owner or lessee at the time of the
962	962	22 violation;
963	963	23 (2) that the driver of the vehicle passed through the
964	964	24 intersection when the light was red either (i) in order to
965	965	25 yield the right-of-way to an emergency vehicle or (ii) as
966	966	26 part of a funeral procession; and
967	967
968	968
969	969
970	970
971	971
972	972	SB2272 - 26 - LRB103 30594 MXP 57034 b
973	973
974	974
975	975	SB2272- 27 -LRB103 30594 MXP 57034 b SB2272 - 27 - LRB103 30594 MXP 57034 b
976	976	SB2272 - 27 - LRB103 30594 MXP 57034 b
977	977	1 (3) any other evidence or issues provided by municipal
978	978	2 or county ordinance.
979	979	3 (i) To demonstrate that the motor vehicle was hijacked or
980	980	4 the motor vehicle or registration plates or digital
981	981	5 registration plates were stolen before the violation occurred
982	982	6 and were not under the control or possession of the owner or
983	983	7 lessee at the time of the violation, the owner or lessee must
984	984	8 submit proof that a report concerning the motor vehicle or
985	985	9 registration plates was filed with a law enforcement agency in
986	986	10 a timely manner.
987	987	11 (j) Unless the driver of the motor vehicle received a
988	988	12 Uniform Traffic Citation from a police officer at the time of
989	989	13 the violation, the motor vehicle owner is subject to a civil
990	990	14 penalty not exceeding $100 or the completion of a traffic
991	991	15 education program, or both, plus an additional penalty of not
992	992	16 more than $100 for failure to pay the original penalty or to
993	993	17 complete a required traffic education program, or both, in a
994	994	18 timely manner, if the motor vehicle is recorded by an
995	995	19 automated traffic law enforcement system. A violation for
996	996	20 which a civil penalty is imposed under this Section is not a
997	997	21 violation of a traffic regulation governing the movement of
998	998	22 vehicles and may not be recorded on the driving record of the
999	999	23 owner of the vehicle.
1000	1000	24 (j-3) A registered owner who is a holder of a valid
1001	1001	25 commercial driver's license is not required to complete a
1002	1002	26 traffic education program.
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008	SB2272 - 27 - LRB103 30594 MXP 57034 b
1009	1009
1010	1010
1011	1011	SB2272- 28 -LRB103 30594 MXP 57034 b SB2272 - 28 - LRB103 30594 MXP 57034 b
1012	1012	SB2272 - 28 - LRB103 30594 MXP 57034 b
1013	1013	1 (j-5) For purposes of the required traffic education
1014	1014	2 program only, a registered owner may submit an affidavit to
1015	1015	3 the court or hearing officer swearing that at the time of the
1016	1016	4 alleged violation, the vehicle was in the custody and control
1017	1017	5 of another person. The affidavit must identify the person in
1018	1018	6 custody and control of the vehicle, including the person's
1019	1019	7 name and current address. The person in custody and control of
1020	1020	8 the vehicle at the time of the violation is required to
1021	1021	9 complete the required traffic education program. If the person
1022	1022	10 in custody and control of the vehicle at the time of the
1023	1023	11 violation completes the required traffic education program,
1024	1024	12 the registered owner of the vehicle is not required to
1025	1025	13 complete a traffic education program.
1026	1026	14 (k) An intersection equipped with an automated traffic law
1027	1027	15 enforcement system must be posted with a sign visible to
1028	1028	16 approaching traffic indicating that the intersection is being
1029	1029	17 monitored by an automated traffic law enforcement system and
1030	1030	18 informing drivers whether, following a stop, a right turn at
1031	1031	19 the intersection is permitted or prohibited.
1032	1032	20 (k-3) A municipality or county that has one or more
1033	1033	21 intersections equipped with an automated traffic law
1034	1034	22 enforcement system must provide notice to drivers by posting
1035	1035	23 the locations of automated traffic law systems on the
1036	1036	24 municipality or county website.
1037	1037	25 (k-5) An intersection equipped with an automated traffic
1038	1038	26 law enforcement system must have a yellow change interval that
1039	1039
1040	1040
1041	1041
1042	1042
1043	1043
1044	1044	SB2272 - 28 - LRB103 30594 MXP 57034 b
1045	1045
1046	1046
1047	1047	SB2272- 29 -LRB103 30594 MXP 57034 b SB2272 - 29 - LRB103 30594 MXP 57034 b
1048	1048	SB2272 - 29 - LRB103 30594 MXP 57034 b
1049	1049	1 conforms with the Illinois Manual on Uniform Traffic Control
1050	1050	2 Devices (IMUTCD) published by the Illinois Department of
1051	1051	3 Transportation.
1052	1052	4 (k-7) A municipality or county operating an automated
1053	1053	5 traffic law enforcement system shall conduct a statistical
1054	1054	6 analysis to assess the safety impact of each automated traffic
1055	1055	7 law enforcement system at an intersection following
1056	1056	8 installation of the system and every 3 years thereafter. Each
1057	1057	9 The statistical analysis shall be based upon the best
1058	1058	10 available crash, traffic, and other data, and shall cover a
1059	1059	11 period of time before and after installation of the system
1060	1060	12 sufficient to provide a statistically valid comparison of
1061	1061	13 safety impact. Each The statistical analysis shall be
1062	1062	14 consistent with professional judgment and acceptable industry
1063	1063	15 practice. Each The statistical analysis also shall be
1064	1064	16 consistent with the data required for valid comparisons of
1065	1065	17 before and after conditions and shall be conducted within a
1066	1066	18 reasonable period following the installation of the automated
1067	1067	19 traffic law enforcement system. Each The statistical analysis
1068	1068	20 required by this subsection (k-7) shall be made available to
1069	1069	21 the public and shall be published on the website of the
1070	1070	22 municipality or county. If a the statistical analysis for the
1071	1071	23 36 month period following installation of the system indicates
1072	1072	24 that there has been an increase in the rate of accidents at the
1073	1073	25 approach to the intersection monitored by the system, the
1074	1074	26 municipality or county shall undertake additional studies to
1075	1075
1076	1076
1077	1077
1078	1078
1079	1079
1080	1080	SB2272 - 29 - LRB103 30594 MXP 57034 b
1081	1081
1082	1082
1083	1083	SB2272- 30 -LRB103 30594 MXP 57034 b SB2272 - 30 - LRB103 30594 MXP 57034 b
1084	1084	SB2272 - 30 - LRB103 30594 MXP 57034 b
1085	1085	1 determine the cause and severity of the accidents, and may
1086	1086	2 take any action that it determines is necessary or appropriate
1087	1087	3 to reduce the number or severity of the accidents at that
1088	1088	4 intersection.
1089	1089	5 (k-8) Any municipality or county operating an automated
1090	1090	6 traffic law enforcement system before the effective date of
1091	1091	7 this amendatory Act of the 103rd General Assembly shall
1092	1092	8 conduct a statistical analysis to assess the safety impact of
1093	1093	9 each automated traffic law enforcement system at an
1094	1094	10 intersection by no later than one year after the effective
1095	1095	11 date of this amendatory Act of the 103rd General Assembly and
1096	1096	12 every 3 years thereafter. The statistical analyses shall be
1097	1097	13 based upon the best available crash, traffic, and other data,
1098	1098	14 and shall cover a period of time before and after installation
1099	1099	15 of the system sufficient to provide a statistically valid
1100	1100	16 comparison of safety impact. The statistical analyses shall be
1101	1101	17 consistent with professional judgment and acceptable industry
1102	1102	18 practice. The statistical analyses also shall be consistent
1103	1103	19 with the data required for valid comparisons of before and
1104	1104	20 after conditions. The statistical analyses required by this
1105	1105	21 subsection shall be made available to the public and shall be
1106	1106	22 published on the website of the municipality or county. If the
1107	1107	23 statistical analysis for any period following installation of
1108	1108	24 the system indicates that there has been an increase in the
1109	1109	25 rate of accidents at the approach to the intersection
1110	1110	26 monitored by the system, the municipality or county shall
1111	1111
1112	1112
1113	1113
1114	1114
1115	1115
1116	1116	SB2272 - 30 - LRB103 30594 MXP 57034 b
1117	1117
1118	1118
1119	1119	SB2272- 31 -LRB103 30594 MXP 57034 b SB2272 - 31 - LRB103 30594 MXP 57034 b
1120	1120	SB2272 - 31 - LRB103 30594 MXP 57034 b
1121	1121	1 undertake additional studies to determine the cause and
1122	1122	2 severity of the accidents, and may take any action that it
1123	1123	3 determines is necessary or appropriate to reduce the number or
1124	1124	4 severity of the accidents at that intersection.
1125	1125	5 (l) The compensation paid for an automated traffic law
1126	1126	6 enforcement system must be based on the value of the equipment
1127	1127	7 or the services provided and may not be based on the number of
1128	1128	8 traffic citations issued or the revenue generated by the
1129	1129	9 system.
1130	1130	10 (l-1) No officer or employee of a municipality or county
1131	1131	11 shall knowingly accept employment or receive compensation or
1132	1132	12 fees for services from a contractor that provides automated
1133	1133	13 law enforcement system equipment or services to municipalities
1134	1134	14 or counties. No former officer or employee of a municipality
1135	1135	15 or county shall, within a period of 2 years immediately after
1136	1136	16 the termination of municipal or county employment, knowingly
1137	1137	17 accept employment or receive compensation or fees for services
1138	1138	18 from a contractor that provides automated law enforcement
1139	1139	19 system equipment or services to municipalities or counties.
1140	1140	20 (m) This Section applies only to the counties of Cook,
1141	1141	21 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
1142	1142	22 to municipalities located within those counties.
1143	1143	23 (n) The fee for participating in a traffic education
1144	1144	24 program under this Section shall not exceed $25.
1145	1145	25 A low-income individual required to complete a traffic
1146	1146	26 education program under this Section who provides proof of
1147	1147
1148	1148
1149	1149
1150	1150
1151	1151
1152	1152	SB2272 - 31 - LRB103 30594 MXP 57034 b
1153	1153
1154	1154
1155	1155	SB2272- 32 -LRB103 30594 MXP 57034 b SB2272 - 32 - LRB103 30594 MXP 57034 b
1156	1156	SB2272 - 32 - LRB103 30594 MXP 57034 b
1157	1157	1 eligibility for the federal earned income tax credit under
1158	1158	2 Section 32 of the Internal Revenue Code or the Illinois earned
1159	1159	3 income tax credit under Section 212 of the Illinois Income Tax
1160	1160	4 Act shall not be required to pay any fee for participating in a
1161	1161	5 required traffic education program.
1162	1162	6 (o) (Blank).
1163	1163	7 (p) No person who is the lessor of a motor vehicle pursuant
1164	1164	8 to a written lease agreement shall be liable for an automated
1165	1165	9 speed or traffic law enforcement system violation involving
1166	1166	10 such motor vehicle during the period of the lease; provided
1167	1167	11 that upon the request of the appropriate authority received
1168	1168	12 within 120 days after the violation occurred, the lessor
1169	1169	13 provides within 60 days after such receipt the name and
1170	1170	14 address of the lessee.
1171	1171	15 Upon the provision of information by the lessor pursuant
1172	1172	16 to this subsection, the county or municipality may issue the
1173	1173	17 violation to the lessee of the vehicle in the same manner as it
1174	1174	18 would issue a violation to a registered owner of a vehicle
1175	1175	19 pursuant to this Section, and the lessee may be held liable for
1176	1176	20 the violation.
1177	1177	21 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1178	1178	22 102-905, eff. 1-1-23; revised 12-14-22.)
1179	1179	23 (Text of Section after amendment by P.A. 102-982)
1180	1180	24 Sec. 11-208.6. Automated traffic law enforcement system.
1181	1181	25 (a) As used in this Section, "automated traffic law
1182	1182
1183	1183
1184	1184
1185	1185
1186	1186
1187	1187	SB2272 - 32 - LRB103 30594 MXP 57034 b
1188	1188
1189	1189
1190	1190	SB2272- 33 -LRB103 30594 MXP 57034 b SB2272 - 33 - LRB103 30594 MXP 57034 b
1191	1191	SB2272 - 33 - LRB103 30594 MXP 57034 b
1192	1192	1 enforcement system" means a device with one or more motor
1193	1193	2 vehicle sensors working in conjunction with a red light signal
1194	1194	3 to produce recorded images of motor vehicles entering an
1195	1195	4 intersection against a red signal indication in violation of
1196	1196	5 Section 11-306 of this Code or a similar provision of a local
1197	1197	6 ordinance.
1198	1198	7 An automated traffic law enforcement system is a system,
1199	1199	8 in a municipality or county operated by a governmental agency,
1200	1200	9 that produces a recorded image of a motor vehicle's violation
1201	1201	10 of a provision of this Code or a local ordinance and is
1202	1202	11 designed to obtain a clear recorded image of the vehicle and
1203	1203	12 the vehicle's license plate. The recorded image must also
1204	1204	13 display the time, date, and location of the violation.
1205	1205	14 (b) As used in this Section, "recorded images" means
1206	1206	15 images recorded by an automated traffic law enforcement system
1207	1207	16 on:
1208	1208	17 (1) 2 or more photographs;
1209	1209	18 (2) 2 or more microphotographs;
1210	1210	19 (3) 2 or more electronic images; or
1211	1211	20 (4) a video recording showing the motor vehicle and,
1212	1212	21 on at least one image or portion of the recording, clearly
1213	1213	22 identifying the registration plate or digital registration
1214	1214	23 plate number of the motor vehicle.
1215	1215	24 (b-5) A municipality or county that produces a recorded
1216	1216	25 image of a motor vehicle's violation of a provision of this
1217	1217	26 Code or a local ordinance must make the recorded images of a
1218	1218
1219	1219
1220	1220
1221	1221
1222	1222
1223	1223	SB2272 - 33 - LRB103 30594 MXP 57034 b
1224	1224
1225	1225
1226	1226	SB2272- 34 -LRB103 30594 MXP 57034 b SB2272 - 34 - LRB103 30594 MXP 57034 b
1227	1227	SB2272 - 34 - LRB103 30594 MXP 57034 b
1228	1228	1 violation accessible to the alleged violator by providing the
1229	1229	2 alleged violator with a website address, accessible through
1230	1230	3 the Internet.
1231	1231	4 (c) Except as provided under Section 11-208.8 of this
1232	1232	5 Code, a county or municipality, including a home rule county
1233	1233	6 or municipality, may not use an automated traffic law
1234	1234	7 enforcement system to provide recorded images of a motor
1235	1235	8 vehicle for the purpose of recording its speed. Except as
1236	1236	9 provided under Section 11-208.8 of this Code, the regulation
1237	1237	10 of the use of automated traffic law enforcement systems to
1238	1238	11 record vehicle speeds is an exclusive power and function of
1239	1239	12 the State. This subsection (c) is a denial and limitation of
1240	1240	13 home rule powers and functions under subsection (h) of Section
1241	1241	14 6 of Article VII of the Illinois Constitution.
1242	1242	15 (c-5) A county or municipality, including a home rule
1243	1243	16 county or municipality, may not use an automated traffic law
1244	1244	17 enforcement system to issue violations in instances where the
1245	1245	18 motor vehicle comes to a complete stop and does not enter the
1246	1246	19 intersection, as defined by Section 1-132 of this Code, during
1247	1247	20 the cycle of the red signal indication unless one or more
1248	1248	21 pedestrians or bicyclists are present, even if the motor
1249	1249	22 vehicle stops at a point past a stop line or crosswalk where a
1250	1250	23 driver is required to stop, as specified in subsection (c) of
1251	1251	24 Section 11-306 of this Code or a similar provision of a local
1252	1252	25 ordinance.
1253	1253	26 (c-6) A county, or a municipality with less than 2,000,000
1254	1254
1255	1255
1256	1256
1257	1257
1258	1258
1259	1259	SB2272 - 34 - LRB103 30594 MXP 57034 b
1260	1260
1261	1261
1262	1262	SB2272- 35 -LRB103 30594 MXP 57034 b SB2272 - 35 - LRB103 30594 MXP 57034 b
1263	1263	SB2272 - 35 - LRB103 30594 MXP 57034 b
1264	1264	1 inhabitants, including a home rule county or municipality, may
1265	1265	2 not use an automated traffic law enforcement system to issue
1266	1266	3 violations in instances where a motorcyclist enters an
1267	1267	4 intersection against a red signal indication when the red
1268	1268	5 signal fails to change to a green signal within a reasonable
1269	1269	6 period of time not less than 120 seconds because of a signal
1270	1270	7 malfunction or because the signal has failed to detect the
1271	1271	8 arrival of the motorcycle due to the motorcycle's size or
1272	1272	9 weight.
1273	1273	10 (d) For each violation of a provision of this Code or a
1274	1274	11 local ordinance recorded by an automatic traffic law
1275	1275	12 enforcement system, the county or municipality having
1276	1276	13 jurisdiction shall issue a written notice of the violation to
1277	1277	14 the registered owner of the vehicle as the alleged violator.
1278	1278	15 The notice shall be delivered to the registered owner of the
1279	1279	16 vehicle, by mail, within 30 days after the Secretary of State
1280	1280	17 notifies the municipality or county of the identity of the
1281	1281	18 owner of the vehicle, but in no event later than 90 days after
1282	1282	19 the violation.
1283	1283	20 The notice shall include:
1284	1284	21 (1) the name and address of the registered owner of
1285	1285	22 the vehicle;
1286	1286	23 (2) the registration number of the motor vehicle
1287	1287	24 involved in the violation;
1288	1288	25 (3) the violation charged;
1289	1289	26 (4) the location where the violation occurred;
1290	1290
1291	1291
1292	1292
1293	1293
1294	1294
1295	1295	SB2272 - 35 - LRB103 30594 MXP 57034 b
1296	1296
1297	1297
1298	1298	SB2272- 36 -LRB103 30594 MXP 57034 b SB2272 - 36 - LRB103 30594 MXP 57034 b
1299	1299	SB2272 - 36 - LRB103 30594 MXP 57034 b
1300	1300	1 (5) the date and time of the violation;
1301	1301	2 (6) a copy of the recorded images;
1302	1302	3 (7) the amount of the civil penalty imposed and the
1303	1303	4 requirements of any traffic education program imposed and
1304	1304	5 the date by which the civil penalty should be paid and the
1305	1305	6 traffic education program should be completed;
1306	1306	7 (8) a statement that recorded images are evidence of a
1307	1307	8 violation of a red light signal;
1308	1308	9 (9) a warning that failure to pay the civil penalty,
1309	1309	10 to complete a required traffic education program, or to
1310	1310	11 contest liability in a timely manner is an admission of
1311	1311	12 liability;
1312	1312	13 (10) a statement that the person may elect to proceed
1313	1313	14 by:
1314	1314	15 (A) paying the fine, completing a required traffic
1315	1315	16 education program, or both; or
1316	1316	17 (B) challenging the charge in court, by mail, or
1317	1317	18 by administrative hearing; and
1318	1318	19 (11) a website address, accessible through the
1319	1319	20 Internet, where the person may view the recorded images of
1320	1320	21 the violation.
1321	1321	22 (e) (Blank).
1322	1322	23 (f) Based on inspection of recorded images produced by an
1323	1323	24 automated traffic law enforcement system, a notice alleging
1324	1324	25 that the violation occurred shall be evidence of the facts
1325	1325	26 contained in the notice and admissible in any proceeding
1326	1326
1327	1327
1328	1328
1329	1329
1330	1330
1331	1331	SB2272 - 36 - LRB103 30594 MXP 57034 b
1332	1332
1333	1333
1334	1334	SB2272- 37 -LRB103 30594 MXP 57034 b SB2272 - 37 - LRB103 30594 MXP 57034 b
1335	1335	SB2272 - 37 - LRB103 30594 MXP 57034 b
1336	1336	1 alleging a violation under this Section.
1337	1337	2 (g) Recorded images made by an automatic traffic law
1338	1338	3 enforcement system are confidential and shall be made
1339	1339	4 available only to the alleged violator and governmental and
1340	1340	5 law enforcement agencies for purposes of adjudicating a
1341	1341	6 violation of this Section, for statistical purposes, or for
1342	1342	7 other governmental purposes. Any recorded image evidencing a
1343	1343	8 violation of this Section, however, may be admissible in any
1344	1344	9 proceeding resulting from the issuance of the citation.
1345	1345	10 (h) The court or hearing officer may consider in defense
1346	1346	11 of a violation:
1347	1347	12 (1) that the motor vehicle or registration plates or
1348	1348	13 digital registration plates of the motor vehicle were
1349	1349	14 stolen before the violation occurred and not under the
1350	1350	15 control of or in the possession of the owner or lessee at
1351	1351	16 the time of the violation;
1352	1352	17 (1.5) that the motor vehicle was hijacked before the
1353	1353	18 violation occurred and not under the control of or in the
1354	1354	19 possession of the owner or lessee at the time of the
1355	1355	20 violation;
1356	1356	21 (2) that the driver of the vehicle passed through the
1357	1357	22 intersection when the light was red either (i) in order to
1358	1358	23 yield the right-of-way to an emergency vehicle or (ii) as
1359	1359	24 part of a funeral procession; and
1360	1360	25 (3) any other evidence or issues provided by municipal
1361	1361	26 or county ordinance.
1362	1362
1363	1363
1364	1364
1365	1365
1366	1366
1367	1367	SB2272 - 37 - LRB103 30594 MXP 57034 b
1368	1368
1369	1369
1370	1370	SB2272- 38 -LRB103 30594 MXP 57034 b SB2272 - 38 - LRB103 30594 MXP 57034 b
1371	1371	SB2272 - 38 - LRB103 30594 MXP 57034 b
1372	1372	1 (i) To demonstrate that the motor vehicle was hijacked or
1373	1373	2 the motor vehicle or registration plates or digital
1374	1374	3 registration plates were stolen before the violation occurred
1375	1375	4 and were not under the control or possession of the owner or
1376	1376	5 lessee at the time of the violation, the owner or lessee must
1377	1377	6 submit proof that a report concerning the motor vehicle or
1378	1378	7 registration plates was filed with a law enforcement agency in
1379	1379	8 a timely manner.
1380	1380	9 (j) Unless the driver of the motor vehicle received a
1381	1381	10 Uniform Traffic Citation from a police officer at the time of
1382	1382	11 the violation, the motor vehicle owner is subject to a civil
1383	1383	12 penalty not exceeding $100 or the completion of a traffic
1384	1384	13 education program, or both, plus an additional penalty of not
1385	1385	14 more than $100 for failure to pay the original penalty or to
1386	1386	15 complete a required traffic education program, or both, in a
1387	1387	16 timely manner, if the motor vehicle is recorded by an
1388	1388	17 automated traffic law enforcement system. A violation for
1389	1389	18 which a civil penalty is imposed under this Section is not a
1390	1390	19 violation of a traffic regulation governing the movement of
1391	1391	20 vehicles and may not be recorded on the driving record of the
1392	1392	21 owner of the vehicle.
1393	1393	22 (j-3) A registered owner who is a holder of a valid
1394	1394	23 commercial driver's license is not required to complete a
1395	1395	24 traffic education program.
1396	1396	25 (j-5) For purposes of the required traffic education
1397	1397	26 program only, a registered owner may submit an affidavit to
1398	1398
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1408	1408	1 the court or hearing officer swearing that at the time of the
1409	1409	2 alleged violation, the vehicle was in the custody and control
1410	1410	3 of another person. The affidavit must identify the person in
1411	1411	4 custody and control of the vehicle, including the person's
1412	1412	5 name and current address. The person in custody and control of
1413	1413	6 the vehicle at the time of the violation is required to
1414	1414	7 complete the required traffic education program. If the person
1415	1415	8 in custody and control of the vehicle at the time of the
1416	1416	9 violation completes the required traffic education program,
1417	1417	10 the registered owner of the vehicle is not required to
1418	1418	11 complete a traffic education program.
1419	1419	12 (k) An intersection equipped with an automated traffic law
1420	1420	13 enforcement system must be posted with a sign visible to
1421	1421	14 approaching traffic indicating that the intersection is being
1422	1422	15 monitored by an automated traffic law enforcement system and
1423	1423	16 informing drivers whether, following a stop, a right turn at
1424	1424	17 the intersection is permitted or prohibited.
1425	1425	18 (k-3) A municipality or county that has one or more
1426	1426	19 intersections equipped with an automated traffic law
1427	1427	20 enforcement system must provide notice to drivers by posting
1428	1428	21 the locations of automated traffic law systems on the
1429	1429	22 municipality or county website.
1430	1430	23 (k-5) An intersection equipped with an automated traffic
1431	1431	24 law enforcement system must have a yellow change interval that
1432	1432	25 conforms with the Illinois Manual on Uniform Traffic Control
1433	1433	26 Devices (IMUTCD) published by the Illinois Department of
1434	1434
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1444	1444	1 Transportation.
1445	1445	2 (k-7) A municipality or county operating an automated
1446	1446	3 traffic law enforcement system shall conduct a statistical
1447	1447	4 analysis to assess the safety impact of each automated traffic
1448	1448	5 law enforcement system at an intersection following
1449	1449	6 installation of the system and every 3 years thereafter. Each
1450	1450	7 The statistical analysis shall be based upon the best
1451	1451	8 available crash, traffic, and other data, and shall cover a
1452	1452	9 period of time before and after installation of the system
1453	1453	10 sufficient to provide a statistically valid comparison of
1454	1454	11 safety impact. Each The statistical analysis shall be
1455	1455	12 consistent with professional judgment and acceptable industry
1456	1456	13 practice. Each The statistical analysis also shall be
1457	1457	14 consistent with the data required for valid comparisons of
1458	1458	15 before and after conditions and shall be conducted within a
1459	1459	16 reasonable period following the installation of the automated
1460	1460	17 traffic law enforcement system. Each The statistical analysis
1461	1461	18 required by this subsection (k-7) shall be made available to
1462	1462	19 the public and shall be published on the website of the
1463	1463	20 municipality or county. If a the statistical analysis for the
1464	1464	21 36 month period following installation of the system indicates
1465	1465	22 that there has been an increase in the rate of crashes at the
1466	1466	23 approach to the intersection monitored by the system, the
1467	1467	24 municipality or county shall undertake additional studies to
1468	1468	25 determine the cause and severity of the crashes, and may take
1469	1469	26 any action that it determines is necessary or appropriate to
1470	1470
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1480	1480	1 reduce the number or severity of the crashes at that
1481	1481	2 intersection.
1482	1482	3 (k-8) Any municipality or county operating an automated
1483	1483	4 traffic law enforcement system before the effective date of
1484	1484	5 this amendatory Act of the 103rd General Assembly shall
1485	1485	6 conduct a statistical analysis to assess the safety impact of
1486	1486	7 each automated traffic law enforcement system at an
1487	1487	8 intersection by no later than one year after the effective
1488	1488	9 date of this amendatory Act of the 103rd General Assembly and
1489	1489	10 every 3 years thereafter. The statistical analyses shall be
1490	1490	11 based upon the best available crash, traffic, and other data,
1491	1491	12 and shall cover a period of time before and after installation
1492	1492	13 of the system sufficient to provide a statistically valid
1493	1493	14 comparison of safety impact. The statistical analyses shall be
1494	1494	15 consistent with professional judgment and acceptable industry
1495	1495	16 practice. The statistical analyses also shall be consistent
1496	1496	17 with the data required for valid comparisons of before and
1497	1497	18 after conditions. The statistical analyses required by this
1498	1498	19 subsection shall be made available to the public and shall be
1499	1499	20 published on the website of the municipality or county. If the
1500	1500	21 statistical analysis for any period following installation of
1501	1501	22 the system indicates that there has been an increase in the
1502	1502	23 rate of accidents at the approach to the intersection
1503	1503	24 monitored by the system, the municipality or county shall
1504	1504	25 undertake additional studies to determine the cause and
1505	1505	26 severity of the accidents, and may take any action that it
1506	1506
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1508	1508
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1516	1516	1 determines is necessary or appropriate to reduce the number or
1517	1517	2 severity of the accidents at that intersection.
1518	1518	3 (l) The compensation paid for an automated traffic law
1519	1519	4 enforcement system must be based on the value of the equipment
1520	1520	5 or the services provided and may not be based on the number of
1521	1521	6 traffic citations issued or the revenue generated by the
1522	1522	7 system.
1523	1523	8 (l-1) No officer or employee of a municipality or county
1524	1524	9 shall knowingly accept employment or receive compensation or
1525	1525	10 fees for services from a contractor that provides automated
1526	1526	11 law enforcement system equipment or services to municipalities
1527	1527	12 or counties. No former officer or employee of a municipality
1528	1528	13 or county shall, within a period of 2 years immediately after
1529	1529	14 the termination of municipal or county employment, knowingly
1530	1530	15 accept employment or receive compensation or fees for services
1531	1531	16 from a contractor that provides automated law enforcement
1532	1532	17 system equipment or services to municipalities or counties.
1533	1533	18 (m) This Section applies only to the counties of Cook,
1534	1534	19 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
1535	1535	20 to municipalities located within those counties.
1536	1536	21 (n) The fee for participating in a traffic education
1537	1537	22 program under this Section shall not exceed $25.
1538	1538	23 A low-income individual required to complete a traffic
1539	1539	24 education program under this Section who provides proof of
1540	1540	25 eligibility for the federal earned income tax credit under
1541	1541	26 Section 32 of the Internal Revenue Code or the Illinois earned
1542	1542
1543	1543
1544	1544
1545	1545
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1548	1548
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1552	1552	1 income tax credit under Section 212 of the Illinois Income Tax
1553	1553	2 Act shall not be required to pay any fee for participating in a
1554	1554	3 required traffic education program.
1555	1555	4 (o) (Blank).
1556	1556	5 (p) No person who is the lessor of a motor vehicle pursuant
1557	1557	6 to a written lease agreement shall be liable for an automated
1558	1558	7 speed or traffic law enforcement system violation involving
1559	1559	8 such motor vehicle during the period of the lease; provided
1560	1560	9 that upon the request of the appropriate authority received
1561	1561	10 within 120 days after the violation occurred, the lessor
1562	1562	11 provides within 60 days after such receipt the name and
1563	1563	12 address of the lessee.
1564	1564	13 Upon the provision of information by the lessor pursuant
1565	1565	14 to this subsection, the county or municipality may issue the
1566	1566	15 violation to the lessee of the vehicle in the same manner as it
1567	1567	16 would issue a violation to a registered owner of a vehicle
1568	1568	17 pursuant to this Section, and the lessee may be held liable for
1569	1569	18 the violation.
1570	1570	19 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1571	1571	20 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
1572	1572	21 (625 ILCS 5/11-208.8)
1573	1573	22 Sec. 11-208.8. Automated speed enforcement systems in
1574	1574	23 safety zones.
1575	1575	24 (a) As used in this Section:
1576	1576	25 "Automated speed enforcement system" means a photographic
1577	1577
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1579	1579
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1583	1583
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1587	1587	1 device, radar device, laser device, or other electrical or
1588	1588	2 mechanical device or devices installed or utilized in a safety
1589	1589	3 zone and designed to record the speed of a vehicle and obtain a
1590	1590	4 clear photograph or other recorded image of the vehicle and
1591	1591	5 the vehicle's registration plate or digital registration plate
1592	1592	6 while the driver is violating Article VI of Chapter 11 of this
1593	1593	7 Code or a similar provision of a local ordinance.
1594	1594	8 An automated speed enforcement system is a system, located
1595	1595	9 in a safety zone which is under the jurisdiction of a
1596	1596	10 municipality, that produces a recorded image of a motor
1597	1597	11 vehicle's violation of a provision of this Code or a local
1598	1598	12 ordinance and is designed to obtain a clear recorded image of
1599	1599	13 the vehicle and the vehicle's license plate. The recorded
1600	1600	14 image must also display the time, date, and location of the
1601	1601	15 violation.
1602	1602	16 "Owner" means the person or entity to whom the vehicle is
1603	1603	17 registered.
1604	1604	18 "Recorded image" means images recorded by an automated
1605	1605	19 speed enforcement system on:
1606	1606	20 (1) 2 or more photographs;
1607	1607	21 (2) 2 or more microphotographs;
1608	1608	22 (3) 2 or more electronic images; or
1609	1609	23 (4) a video recording showing the motor vehicle and,
1610	1610	24 on at least one image or portion of the recording, clearly
1611	1611	25 identifying the registration plate or digital registration
1612	1612	26 plate number of the motor vehicle.
1613	1613
1614	1614
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1623	1623	1 "Safety zone" means an area that is within one-eighth of a
1624	1624	2 mile from the nearest property line of any public or private
1625	1625	3 elementary or secondary school, or from the nearest property
1626	1626	4 line of any facility, area, or land owned by a school district
1627	1627	5 that is used for educational purposes approved by the Illinois
1628	1628	6 State Board of Education, not including school district
1629	1629	7 headquarters or administrative buildings. A safety zone also
1630	1630	8 includes an area that is within one-eighth of a mile from the
1631	1631	9 nearest property line of any facility, area, or land owned by a
1632	1632	10 park district used for recreational purposes. However, if any
1633	1633	11 portion of a roadway is within either one-eighth mile radius,
1634	1634	12 the safety zone also shall include the roadway extended to the
1635	1635	13 furthest portion of the next furthest intersection. The term
1636	1636	14 "safety zone" does not include any portion of the roadway
1637	1637	15 known as Lake Shore Drive or any controlled access highway
1638	1638	16 with 8 or more lanes of traffic.
1639	1639	17 (a-5) The automated speed enforcement system shall be
1640	1640	18 operational and violations shall be recorded only at the
1641	1641	19 following times:
1642	1642	20 (i) if the safety zone is based upon the property line
1643	1643	21 of any facility, area, or land owned by a school district,
1644	1644	22 only on school days and no earlier than 6 a.m. and no later
1645	1645	23 than 8:30 p.m. if the school day is during the period of
1646	1646	24 Monday through Thursday, or 9 p.m. if the school day is a
1647	1647	25 Friday; and
1648	1648	26 (ii) if the safety zone is based upon the property
1649	1649
1650	1650
1651	1651
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1655	1655
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1659	1659	1 line of any facility, area, or land owned by a park
1660	1660	2 district, no earlier than one hour prior to the time that
1661	1661	3 the facility, area, or land is open to the public or other
1662	1662	4 patrons, and no later than one hour after the facility,
1663	1663	5 area, or land is closed to the public or other patrons.
1664	1664	6 (b) A municipality that produces a recorded image of a
1665	1665	7 motor vehicle's violation of a provision of this Code or a
1666	1666	8 local ordinance must make the recorded images of a violation
1667	1667	9 accessible to the alleged violator by providing the alleged
1668	1668	10 violator with a website address, accessible through the
1669	1669	11 Internet.
1670	1670	12 (c) Notwithstanding any penalties for any other violations
1671	1671	13 of this Code, the owner of a motor vehicle used in a traffic
1672	1672	14 violation recorded by an automated speed enforcement system
1673	1673	15 shall be subject to the following penalties:
1674	1674	16 (1) if the recorded speed is no less than 6 miles per
1675	1675	17 hour and no more than 10 miles per hour over the legal
1676	1676	18 speed limit, a civil penalty not exceeding $50, plus an
1677	1677	19 additional penalty of not more than $50 for failure to pay
1678	1678	20 the original penalty in a timely manner; or
1679	1679	21 (2) if the recorded speed is more than 10 miles per
1680	1680	22 hour over the legal speed limit, a civil penalty not
1681	1681	23 exceeding $100, plus an additional penalty of not more
1682	1682	24 than $100 for failure to pay the original penalty in a
1683	1683	25 timely manner.
1684	1684	26 A penalty may not be imposed under this Section if the
1685	1685
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1691	1691
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1695	1695	1 driver of the motor vehicle received a Uniform Traffic
1696	1696	2 Citation from a police officer for a speeding violation
1697	1697	3 occurring within one-eighth of a mile and 15 minutes of the
1698	1698	4 violation that was recorded by the system. A violation for
1699	1699	5 which a civil penalty is imposed under this Section is not a
1700	1700	6 violation of a traffic regulation governing the movement of
1701	1701	7 vehicles and may not be recorded on the driving record of the
1702	1702	8 owner of the vehicle. A law enforcement officer is not
1703	1703	9 required to be present or to witness the violation. No penalty
1704	1704	10 may be imposed under this Section if the recorded speed of a
1705	1705	11 vehicle is 5 miles per hour or less over the legal speed limit.
1706	1706	12 The municipality may send, in the same manner that notices are
1707	1707	13 sent under this Section, a speed violation warning notice
1708	1708	14 where the violation involves a speed of 5 miles per hour or
1709	1709	15 less above the legal speed limit.
1710	1710	16 (d) The net proceeds that a municipality receives from
1711	1711	17 civil penalties imposed under an automated speed enforcement
1712	1712	18 system, after deducting all non-personnel and personnel costs
1713	1713	19 associated with the operation and maintenance of such system,
1714	1714	20 shall be expended or obligated by the municipality for the
1715	1715	21 following purposes:
1716	1716	22 (i) public safety initiatives to ensure safe passage
1717	1717	23 around schools, and to provide police protection and
1718	1718	24 surveillance around schools and parks, including but not
1719	1719	25 limited to: (1) personnel costs; and (2) non-personnel
1720	1720	26 costs such as construction and maintenance of public
1721	1721
1722	1722
1723	1723
1724	1724
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1727	1727
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1731	1731	1 safety infrastructure and equipment;
1732	1732	2 (ii) initiatives to improve pedestrian and traffic
1733	1733	3 safety;
1734	1734	4 (iii) construction and maintenance of infrastructure
1735	1735	5 within the municipality, including but not limited to
1736	1736	6 roads and bridges; and
1737	1737	7 (iv) after school programs.
1738	1738	8 (e) For each violation of a provision of this Code or a
1739	1739	9 local ordinance recorded by an automated speed enforcement
1740	1740	10 system, the municipality having jurisdiction shall issue a
1741	1741	11 written notice of the violation to the registered owner of the
1742	1742	12 vehicle as the alleged violator. The notice shall be delivered
1743	1743	13 to the registered owner of the vehicle, by mail, within 30 days
1744	1744	14 after the Secretary of State notifies the municipality of the
1745	1745	15 identity of the owner of the vehicle, but in no event later
1746	1746	16 than 90 days after the violation.
1747	1747	17 (f) The notice required under subsection (e) of this
1748	1748	18 Section shall include:
1749	1749	19 (1) the name and address of the registered owner of
1750	1750	20 the vehicle;
1751	1751	21 (2) the registration number of the motor vehicle
1752	1752	22 involved in the violation;
1753	1753	23 (3) the violation charged;
1754	1754	24 (4) the date, time, and location where the violation
1755	1755	25 occurred;
1756	1756	26 (5) a copy of the recorded image or images;
1757	1757
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1763	1763
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1767	1767	1 (6) the amount of the civil penalty imposed and the
1768	1768	2 date by which the civil penalty should be paid;
1769	1769	3 (7) a statement that recorded images are evidence of a
1770	1770	4 violation of a speed restriction;
1771	1771	5 (8) a warning that failure to pay the civil penalty or
1772	1772	6 to contest liability in a timely manner is an admission of
1773	1773	7 liability;
1774	1774	8 (9) a statement that the person may elect to proceed
1775	1775	9 by:
1776	1776	10 (A) paying the fine; or
1777	1777	11 (B) challenging the charge in court, by mail, or
1778	1778	12 by administrative hearing; and
1779	1779	13 (10) a website address, accessible through the
1780	1780	14 Internet, where the person may view the recorded images of
1781	1781	15 the violation.
1782	1782	16 (g) (Blank).
1783	1783	17 (h) Based on inspection of recorded images produced by an
1784	1784	18 automated speed enforcement system, a notice alleging that the
1785	1785	19 violation occurred shall be evidence of the facts contained in
1786	1786	20 the notice and admissible in any proceeding alleging a
1787	1787	21 violation under this Section.
1788	1788	22 (i) Recorded images made by an automated speed enforcement
1789	1789	23 system are confidential and shall be made available only to
1790	1790	24 the alleged violator and governmental and law enforcement
1791	1791	25 agencies for purposes of adjudicating a violation of this
1792	1792	26 Section, for statistical purposes, or for other governmental
1793	1793
1794	1794
1795	1795
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1799	1799
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1803	1803	1 purposes. Any recorded image evidencing a violation of this
1804	1804	2 Section, however, may be admissible in any proceeding
1805	1805	3 resulting from the issuance of the citation.
1806	1806	4 (j) The court or hearing officer may consider in defense
1807	1807	5 of a violation:
1808	1808	6 (1) that the motor vehicle or registration plates or
1809	1809	7 digital registration plates of the motor vehicle were
1810	1810	8 stolen before the violation occurred and not under the
1811	1811	9 control or in the possession of the owner or lessee at the
1812	1812	10 time of the violation;
1813	1813	11 (1.5) that the motor vehicle was hijacked before the
1814	1814	12 violation occurred and not under the control of or in the
1815	1815	13 possession of the owner or lessee at the time of the
1816	1816	14 violation;
1817	1817	15 (2) that the driver of the motor vehicle received a
1818	1818	16 Uniform Traffic Citation from a police officer for a
1819	1819	17 speeding violation occurring within one-eighth of a mile
1820	1820	18 and 15 minutes of the violation that was recorded by the
1821	1821	19 system; and
1822	1822	20 (3) any other evidence or issues provided by municipal
1823	1823	21 ordinance.
1824	1824	22 (k) To demonstrate that the motor vehicle was hijacked or
1825	1825	23 the motor vehicle or registration plates or digital
1826	1826	24 registration plates were stolen before the violation occurred
1827	1827	25 and were not under the control or possession of the owner or
1828	1828	26 lessee at the time of the violation, the owner or lessee must
1829	1829
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1831	1831
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1835	1835
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1839	1839	1 submit proof that a report concerning the motor vehicle or
1840	1840	2 registration plates was filed with a law enforcement agency in
1841	1841	3 a timely manner.
1842	1842	4 (l) A roadway equipped with an automated speed enforcement
1843	1843	5 system shall be posted with a sign conforming to the national
1844	1844	6 Manual on Uniform Traffic Control Devices that is visible to
1845	1845	7 approaching traffic stating that vehicle speeds are being
1846	1846	8 photo-enforced and indicating the speed limit. The
1847	1847	9 municipality shall install such additional signage as it
1848	1848	10 determines is necessary to give reasonable notice to drivers
1849	1849	11 as to where automated speed enforcement systems are installed.
1850	1850	12 (m) A roadway where a new automated speed enforcement
1851	1851	13 system is installed shall be posted with signs providing 30
1852	1852	14 days notice of the use of a new automated speed enforcement
1853	1853	15 system prior to the issuance of any citations through the
1854	1854	16 automated speed enforcement system.
1855	1855	17 (n) The compensation paid for an automated speed
1856	1856	18 enforcement system must be based on the value of the equipment
1857	1857	19 or the services provided and may not be based on the number of
1858	1858	20 traffic citations issued or the revenue generated by the
1859	1859	21 system.
1860	1860	22 (n-1) No officer or employee of a municipality or county
1861	1861	23 shall knowingly accept employment or receive compensation or
1862	1862	24 fees for services from a contractor that provides automated
1863	1863	25 speed enforcement system equipment or services to
1864	1864	26 municipalities. No former officer or employee of a
1865	1865
1866	1866
1867	1867
1868	1868
1869	1869
1870	1870	SB2272 - 51 - LRB103 30594 MXP 57034 b
1871	1871
1872	1872
1873	1873	SB2272- 52 -LRB103 30594 MXP 57034 b SB2272 - 52 - LRB103 30594 MXP 57034 b
1874	1874	SB2272 - 52 - LRB103 30594 MXP 57034 b
1875	1875	1 municipality or county shall, within a period of 2 years
1876	1876	2 immediately after termination of municipal or county
1877	1877	3 employment, knowingly accept employment or receive
1878	1878	4 compensation or fees for services from a contractor that
1879	1879	5 provides automated speed enforcement system equipment or
1880	1880	6 services to municipalities.
1881	1881	7 (o) (Blank).
1882	1882	8 (p) No person who is the lessor of a motor vehicle pursuant
1883	1883	9 to a written lease agreement shall be liable for an automated
1884	1884	10 speed or traffic law enforcement system violation involving
1885	1885	11 such motor vehicle during the period of the lease; provided
1886	1886	12 that upon the request of the appropriate authority received
1887	1887	13 within 120 days after the violation occurred, the lessor
1888	1888	14 provides within 60 days after such receipt the name and
1889	1889	15 address of the lessee. The drivers license number of a lessee
1890	1890	16 may be subsequently individually requested by the appropriate
1891	1891	17 authority if needed for enforcement of this Section.
1892	1892	18 Upon the provision of information by the lessor pursuant
1893	1893	19 to this subsection, the municipality may issue the violation
1894	1894	20 to the lessee of the vehicle in the same manner as it would
1895	1895	21 issue a violation to a registered owner of a vehicle pursuant
1896	1896	22 to this Section, and the lessee may be held liable for the
1897	1897	23 violation.
1898	1898	24 (q) A municipality using an automated speed enforcement
1899	1899	25 system must provide notice to drivers by publishing the
1900	1900	26 locations of all safety zones where system equipment is
1901	1901
1902	1902
1903	1903
1904	1904
1905	1905
1906	1906	SB2272 - 52 - LRB103 30594 MXP 57034 b
1907	1907
1908	1908
1909	1909	SB2272- 53 -LRB103 30594 MXP 57034 b SB2272 - 53 - LRB103 30594 MXP 57034 b
1910	1910	SB2272 - 53 - LRB103 30594 MXP 57034 b
1911	1911	1 installed on the website of the municipality.
1912	1912	2 (r) A municipality operating an automated speed
1913	1913	3 enforcement system shall conduct a statistical analysis to
1914	1914	4 assess the safety impact of the system following installation
1915	1915	5 of the system and every 3 years thereafter. A municipality
1916	1916	6 operating an automated speed enforcement system before the
1917	1917	7 effective date of this amendatory Act of the 103rd General
1918	1918	8 Assembly shall conduct a statistical analysis to assess the
1919	1919	9 safety impact of the system by no later than one year after the
1920	1920	10 effective date of this amendatory Act of the 103rd General
1921	1921	11 Assembly and every 3 years thereafter. Each The statistical
1922	1922	12 analysis shall be based upon the best available crash,
1923	1923	13 traffic, and other data, and shall cover a period of time
1924	1924	14 before and after installation of the system sufficient to
1925	1925	15 provide a statistically valid comparison of safety impact.
1926	1926	16 Each The statistical analysis shall be consistent with
1927	1927	17 professional judgment and acceptable industry practice. Each
1928	1928	18 The statistical analysis also shall be consistent with the
1929	1929	19 data required for valid comparisons of before and after
1930	1930	20 conditions and shall be conducted within a reasonable period
1931	1931	21 following the installation of the automated traffic law
1932	1932	22 enforcement system. Each The statistical analysis required by
1933	1933	23 this subsection shall be made available to the public and
1934	1934	24 shall be published on the website of the municipality.
1935	1935	25 (s) This Section applies only to municipalities with a
1936	1936	26 population of 1,000,000 or more inhabitants.
1937	1937
1938	1938
1939	1939
1940	1940
1941	1941
1942	1942	SB2272 - 53 - LRB103 30594 MXP 57034 b
1943	1943
1944	1944
1945	1945	SB2272- 54 -LRB103 30594 MXP 57034 b SB2272 - 54 - LRB103 30594 MXP 57034 b
1946	1946	SB2272 - 54 - LRB103 30594 MXP 57034 b
1947	1947	1 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
1948	1948	2 102-905, eff. 1-1-23.)
1949	1949	3 (625 ILCS 5/11-208.9)
1950	1950	4 (Text of Section before amendment by P.A. 102-982)
1951	1951	5 Sec. 11-208.9. Automated traffic law enforcement system;
1952	1952	6 approaching, overtaking, and passing a school bus.
1953	1953	7 (a) As used in this Section, "automated traffic law
1954	1954	8 enforcement system" means a device with one or more motor
1955	1955	9 vehicle sensors working in conjunction with the visual signals
1956	1956	10 on a school bus, as specified in Sections 12-803 and 12-805 of
1957	1957	11 this Code, to produce recorded images of motor vehicles that
1958	1958	12 fail to stop before meeting or overtaking, from either
1959	1959	13 direction, any school bus stopped at any location for the
1960	1960	14 purpose of receiving or discharging pupils in violation of
1961	1961	15 Section 11-1414 of this Code or a similar provision of a local
1962	1962	16 ordinance.
1963	1963	17 An automated traffic law enforcement system is a system,
1964	1964	18 in a municipality or county operated by a governmental agency,
1965	1965	19 that produces a recorded image of a motor vehicle's violation
1966	1966	20 of a provision of this Code or a local ordinance and is
1967	1967	21 designed to obtain a clear recorded image of the vehicle and
1968	1968	22 the vehicle's license plate. The recorded image must also
1969	1969	23 display the time, date, and location of the violation.
1970	1970	24 (b) As used in this Section, "recorded images" means
1971	1971	25 images recorded by an automated traffic law enforcement system
1972	1972
1973	1973
1974	1974
1975	1975
1976	1976
1977	1977	SB2272 - 54 - LRB103 30594 MXP 57034 b
1978	1978
1979	1979
1980	1980	SB2272- 55 -LRB103 30594 MXP 57034 b SB2272 - 55 - LRB103 30594 MXP 57034 b
1981	1981	SB2272 - 55 - LRB103 30594 MXP 57034 b
1982	1982	1 on:
1983	1983	2 (1) 2 or more photographs;
1984	1984	3 (2) 2 or more microphotographs;
1985	1985	4 (3) 2 or more electronic images; or
1986	1986	5 (4) a video recording showing the motor vehicle and,
1987	1987	6 on at least one image or portion of the recording, clearly
1988	1988	7 identifying the registration plate or digital registration
1989	1989	8 plate number of the motor vehicle.
1990	1990	9 (c) A municipality or county that produces a recorded
1991	1991	10 image of a motor vehicle's violation of a provision of this
1992	1992	11 Code or a local ordinance must make the recorded images of a
1993	1993	12 violation accessible to the alleged violator by providing the
1994	1994	13 alleged violator with a website address, accessible through
1995	1995	14 the Internet.
1996	1996	15 (d) For each violation of a provision of this Code or a
1997	1997	16 local ordinance recorded by an automated traffic law
1998	1998	17 enforcement system, the county or municipality having
1999	1999	18 jurisdiction shall issue a written notice of the violation to
2000	2000	19 the registered owner of the vehicle as the alleged violator.
2001	2001	20 The notice shall be delivered to the registered owner of the
2002	2002	21 vehicle, by mail, within 30 days after the Secretary of State
2003	2003	22 notifies the municipality or county of the identity of the
2004	2004	23 owner of the vehicle, but in no event later than 90 days after
2005	2005	24 the violation.
2006	2006	25 (e) The notice required under subsection (d) shall
2007	2007	26 include:
2008	2008
2009	2009
2010	2010
2011	2011
2012	2012
2013	2013	SB2272 - 55 - LRB103 30594 MXP 57034 b
2014	2014
2015	2015
2016	2016	SB2272- 56 -LRB103 30594 MXP 57034 b SB2272 - 56 - LRB103 30594 MXP 57034 b
2017	2017	SB2272 - 56 - LRB103 30594 MXP 57034 b
2018	2018	1 (1) the name and address of the registered owner of
2019	2019	2 the vehicle;
2020	2020	3 (2) the registration number of the motor vehicle
2021	2021	4 involved in the violation;
2022	2022	5 (3) the violation charged;
2023	2023	6 (4) the location where the violation occurred;
2024	2024	7 (5) the date and time of the violation;
2025	2025	8 (6) a copy of the recorded images;
2026	2026	9 (7) the amount of the civil penalty imposed and the
2027	2027	10 date by which the civil penalty should be paid;
2028	2028	11 (8) a statement that recorded images are evidence of a
2029	2029	12 violation of overtaking or passing a school bus stopped
2030	2030	13 for the purpose of receiving or discharging pupils;
2031	2031	14 (9) a warning that failure to pay the civil penalty or
2032	2032	15 to contest liability in a timely manner is an admission of
2033	2033	16 liability;
2034	2034	17 (10) a statement that the person may elect to proceed
2035	2035	18 by:
2036	2036	19 (A) paying the fine; or
2037	2037	20 (B) challenging the charge in court, by mail, or
2038	2038	21 by administrative hearing; and
2039	2039	22 (11) a website address, accessible through the
2040	2040	23 Internet, where the person may view the recorded images of
2041	2041	24 the violation.
2042	2042	25 (f) (Blank).
2043	2043	26 (g) Based on inspection of recorded images produced by an
2044	2044
2045	2045
2046	2046
2047	2047
2048	2048
2049	2049	SB2272 - 56 - LRB103 30594 MXP 57034 b
2050	2050
2051	2051
2052	2052	SB2272- 57 -LRB103 30594 MXP 57034 b SB2272 - 57 - LRB103 30594 MXP 57034 b
2053	2053	SB2272 - 57 - LRB103 30594 MXP 57034 b
2054	2054	1 automated traffic law enforcement system, a notice alleging
2055	2055	2 that the violation occurred shall be evidence of the facts
2056	2056	3 contained in the notice and admissible in any proceeding
2057	2057	4 alleging a violation under this Section.
2058	2058	5 (g-1) No officer or employee of a municipality or county
2059	2059	6 shall knowingly accept employment or receive compensation or
2060	2060	7 fees for services from a contractor that provides automated
2061	2061	8 railroad grade crossing enforcement system equipment or
2062	2062	9 services to municipalities or counties. No former officer or
2063	2063	10 employee of a municipality or county shall, within a period of
2064	2064	11 2 years immediately after termination of municipal or county
2065	2065	12 employment, knowingly accept employment or receive
2066	2066	13 compensation or fees for services from a contractor that
2067	2067	14 provides automated railroad grade crossing enforcement system
2068	2068	15 equipment or services to municipalities or counties.
2069	2069	16 (h) Recorded images made by an automated traffic law
2070	2070	17 enforcement system are confidential and shall be made
2071	2071	18 available only to the alleged violator and governmental and
2072	2072	19 law enforcement agencies for purposes of adjudicating a
2073	2073	20 violation of this Section, for statistical purposes, or for
2074	2074	21 other governmental purposes. Any recorded image evidencing a
2075	2075	22 violation of this Section, however, may be admissible in any
2076	2076	23 proceeding resulting from the issuance of the citation.
2077	2077	24 (i) The court or hearing officer may consider in defense
2078	2078	25 of a violation:
2079	2079	26 (1) that the motor vehicle or registration plates or
2080	2080
2081	2081
2082	2082
2083	2083
2084	2084
2085	2085	SB2272 - 57 - LRB103 30594 MXP 57034 b
2086	2086
2087	2087
2088	2088	SB2272- 58 -LRB103 30594 MXP 57034 b SB2272 - 58 - LRB103 30594 MXP 57034 b
2089	2089	SB2272 - 58 - LRB103 30594 MXP 57034 b
2090	2090	1 digital registration plates of the motor vehicle were
2091	2091	2 stolen before the violation occurred and not under the
2092	2092	3 control of or in the possession of the owner or lessee at
2093	2093	4 the time of the violation;
2094	2094	5 (1.5) that the motor vehicle was hijacked before the
2095	2095	6 violation occurred and not under the control of or in the
2096	2096	7 possession of the owner or lessee at the time of the
2097	2097	8 violation;
2098	2098	9 (2) that the driver of the motor vehicle received a
2099	2099	10 Uniform Traffic Citation from a police officer for a
2100	2100	11 violation of Section 11-1414 of this Code within
2101	2101	12 one-eighth of a mile and 15 minutes of the violation that
2102	2102	13 was recorded by the system;
2103	2103	14 (3) that the visual signals required by Sections
2104	2104	15 12-803 and 12-805 of this Code were damaged, not
2105	2105	16 activated, not present in violation of Sections 12-803 and
2106	2106	17 12-805, or inoperable; and
2107	2107	18 (4) any other evidence or issues provided by municipal
2108	2108	19 or county ordinance.
2109	2109	20 (j) To demonstrate that the motor vehicle was hijacked or
2110	2110	21 the motor vehicle or registration plates or digital
2111	2111	22 registration plates were stolen before the violation occurred
2112	2112	23 and were not under the control or possession of the owner or
2113	2113	24 lessee at the time of the violation, the owner or lessee must
2114	2114	25 submit proof that a report concerning the motor vehicle or
2115	2115	26 registration plates was filed with a law enforcement agency in
2116	2116
2117	2117
2118	2118
2119	2119
2120	2120
2121	2121	SB2272 - 58 - LRB103 30594 MXP 57034 b
2122	2122
2123	2123
2124	2124	SB2272- 59 -LRB103 30594 MXP 57034 b SB2272 - 59 - LRB103 30594 MXP 57034 b
2125	2125	SB2272 - 59 - LRB103 30594 MXP 57034 b
2126	2126	1 a timely manner.
2127	2127	2 (k) Unless the driver of the motor vehicle received a
2128	2128	3 Uniform Traffic Citation from a police officer at the time of
2129	2129	4 the violation, the motor vehicle owner is subject to a civil
2130	2130	5 penalty not exceeding $150 for a first time violation or $500
2131	2131	6 for a second or subsequent violation, plus an additional
2132	2132	7 penalty of not more than $100 for failure to pay the original
2133	2133	8 penalty in a timely manner, if the motor vehicle is recorded by
2134	2134	9 an automated traffic law enforcement system. A violation for
2135	2135	10 which a civil penalty is imposed under this Section is not a
2136	2136	11 violation of a traffic regulation governing the movement of
2137	2137	12 vehicles and may not be recorded on the driving record of the
2138	2138	13 owner of the vehicle, but may be recorded by the municipality
2139	2139	14 or county for the purpose of determining if a person is subject
2140	2140	15 to the higher fine for a second or subsequent offense.
2141	2141	16 (l) A school bus equipped with an automated traffic law
2142	2142	17 enforcement system must be posted with a sign indicating that
2143	2143	18 the school bus is being monitored by an automated traffic law
2144	2144	19 enforcement system.
2145	2145	20 (m) A municipality or county that has one or more school
2146	2146	21 buses equipped with an automated traffic law enforcement
2147	2147	22 system must provide notice to drivers by posting a list of
2148	2148	23 school districts using school buses equipped with an automated
2149	2149	24 traffic law enforcement system on the municipality or county
2150	2150	25 website. School districts that have one or more school buses
2151	2151	26 equipped with an automated traffic law enforcement system must
2152	2152
2153	2153
2154	2154
2155	2155
2156	2156
2157	2157	SB2272 - 59 - LRB103 30594 MXP 57034 b
2158	2158
2159	2159
2160	2160	SB2272- 60 -LRB103 30594 MXP 57034 b SB2272 - 60 - LRB103 30594 MXP 57034 b
2161	2161	SB2272 - 60 - LRB103 30594 MXP 57034 b
2162	2162	1 provide notice to drivers by posting that information on their
2163	2163	2 websites.
2164	2164	3 (n) A municipality or county operating an automated
2165	2165	4 traffic law enforcement system shall conduct a statistical
2166	2166	5 analysis to assess the safety impact in each school district
2167	2167	6 using school buses equipped with an automated traffic law
2168	2168	7 enforcement system following installation of the system and
2169	2169	8 every 3 years thereafter. A municipality or county operating
2170	2170	9 an automated speed enforcement system before the effective
2171	2171	10 date of this amendatory Act of the 103rd General Assembly
2172	2172	11 shall conduct a statistical analysis to assess the safety
2173	2173	12 impact of the system by no later than one year after the
2174	2174	13 effective date of this amendatory Act of the 103rd General
2175	2175	14 Assembly and every 3 years thereafter. Each The statistical
2176	2176	15 analysis shall be based upon the best available crash,
2177	2177	16 traffic, and other data, and shall cover a period of time
2178	2178	17 before and after installation of the system sufficient to
2179	2179	18 provide a statistically valid comparison of safety impact.
2180	2180	19 Each The statistical analysis shall be consistent with
2181	2181	20 professional judgment and acceptable industry practice. Each
2182	2182	21 The statistical analysis also shall be consistent with the
2183	2183	22 data required for valid comparisons of before and after
2184	2184	23 conditions and shall be conducted within a reasonable period
2185	2185	24 following the installation of the automated traffic law
2186	2186	25 enforcement system. Each The statistical analysis required by
2187	2187	26 this subsection shall be made available to the public and
2188	2188
2189	2189
2190	2190
2191	2191
2192	2192
2193	2193	SB2272 - 60 - LRB103 30594 MXP 57034 b
2194	2194
2195	2195
2196	2196	SB2272- 61 -LRB103 30594 MXP 57034 b SB2272 - 61 - LRB103 30594 MXP 57034 b
2197	2197	SB2272 - 61 - LRB103 30594 MXP 57034 b
2198	2198	1 shall be published on the website of the municipality or
2199	2199	2 county. If a the statistical analysis for the 36-month period
2200	2200	3 following installation of the system indicates that there has
2201	2201	4 been an increase in the rate of accidents at the approach to
2202	2202	5 school buses monitored by the system, the municipality or
2203	2203	6 county shall undertake additional studies to determine the
2204	2204	7 cause and severity of the accidents, and may take any action
2205	2205	8 that it determines is necessary or appropriate to reduce the
2206	2206	9 number or severity of the accidents involving school buses
2207	2207	10 equipped with an automated traffic law enforcement system.
2208	2208	11 (o) The compensation paid for an automated traffic law
2209	2209	12 enforcement system must be based on the value of the equipment
2210	2210	13 or the services provided and may not be based on the number of
2211	2211	14 traffic citations issued or the revenue generated by the
2212	2212	15 system.
2213	2213	16 (o-1) No officer or employee of a municipality or county
2214	2214	17 shall knowingly accept employment or receive compensation or
2215	2215	18 fees for services from a contractor that provides automated
2216	2216	19 law enforcement system equipment or services to municipalities
2217	2217	20 or counties. No former officer or employee of a municipality
2218	2218	21 or county shall, within a period of 2 years immediately after
2219	2219	22 termination of municipal or county employment, knowingly
2220	2220	23 accept employment or receive compensation or fees for services
2221	2221	24 from a contractor that provides automated law enforcement
2222	2222	25 system equipment or services to municipalities or counties.
2223	2223	26 (p) No person who is the lessor of a motor vehicle pursuant
2224	2224
2225	2225
2226	2226
2227	2227
2228	2228
2229	2229	SB2272 - 61 - LRB103 30594 MXP 57034 b
2230	2230
2231	2231
2232	2232	SB2272- 62 -LRB103 30594 MXP 57034 b SB2272 - 62 - LRB103 30594 MXP 57034 b
2233	2233	SB2272 - 62 - LRB103 30594 MXP 57034 b
2234	2234	1 to a written lease agreement shall be liable for an automated
2235	2235	2 speed or traffic law enforcement system violation involving
2236	2236	3 such motor vehicle during the period of the lease; provided
2237	2237	4 that upon the request of the appropriate authority received
2238	2238	5 within 120 days after the violation occurred, the lessor
2239	2239	6 provides within 60 days after such receipt the name and
2240	2240	7 address of the lessee.
2241	2241	8 Upon the provision of information by the lessor pursuant
2242	2242	9 to this subsection, the county or municipality may issue the
2243	2243	10 violation to the lessee of the vehicle in the same manner as it
2244	2244	11 would issue a violation to a registered owner of a vehicle
2245	2245	12 pursuant to this Section, and the lessee may be held liable for
2246	2246	13 the violation.
2247	2247	14 (q) (Blank).
2248	2248	15 (r) After a municipality or county enacts an ordinance
2249	2249	16 providing for automated traffic law enforcement systems under
2250	2250	17 this Section, each school district within that municipality or
2251	2251	18 county's jurisdiction may implement an automated traffic law
2252	2252	19 enforcement system under this Section. The elected school
2253	2253	20 board for that district must approve the implementation of an
2254	2254	21 automated traffic law enforcement system. The school district
2255	2255	22 shall be responsible for entering into a contract, approved by
2256	2256	23 the elected school board of that district, with vendors for
2257	2257	24 the installation, maintenance, and operation of the automated
2258	2258	25 traffic law enforcement system. The school district must enter
2259	2259	26 into an intergovernmental agreement, approved by the elected
2260	2260
2261	2261
2262	2262
2263	2263
2264	2264
2265	2265	SB2272 - 62 - LRB103 30594 MXP 57034 b
2266	2266
2267	2267
2268	2268	SB2272- 63 -LRB103 30594 MXP 57034 b SB2272 - 63 - LRB103 30594 MXP 57034 b
2269	2269	SB2272 - 63 - LRB103 30594 MXP 57034 b
2270	2270	1 school board of that district, with the municipality or county
2271	2271	2 with jurisdiction over that school district for the
2272	2272	3 administration of the automated traffic law enforcement
2273	2273	4 system. The proceeds from a school district's automated
2274	2274	5 traffic law enforcement system's fines shall be divided
2275	2275	6 equally between the school district and the municipality or
2276	2276	7 county administering the automated traffic law enforcement
2277	2277	8 system.
2278	2278	9 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2279	2279	10 102-905, eff. 1-1-23.)
2280	2280	11 (Text of Section after amendment by P.A. 102-982)
2281	2281	12 Sec. 11-208.9. Automated traffic law enforcement system;
2282	2282	13 approaching, overtaking, and passing a school bus.
2283	2283	14 (a) As used in this Section, "automated traffic law
2284	2284	15 enforcement system" means a device with one or more motor
2285	2285	16 vehicle sensors working in conjunction with the visual signals
2286	2286	17 on a school bus, as specified in Sections 12-803 and 12-805 of
2287	2287	18 this Code, to produce recorded images of motor vehicles that
2288	2288	19 fail to stop before meeting or overtaking, from either
2289	2289	20 direction, any school bus stopped at any location for the
2290	2290	21 purpose of receiving or discharging pupils in violation of
2291	2291	22 Section 11-1414 of this Code or a similar provision of a local
2292	2292	23 ordinance.
2293	2293	24 An automated traffic law enforcement system is a system,
2294	2294	25 in a municipality or county operated by a governmental agency,
2295	2295
2296	2296
2297	2297
2298	2298
2299	2299
2300	2300	SB2272 - 63 - LRB103 30594 MXP 57034 b
2301	2301
2302	2302
2303	2303	SB2272- 64 -LRB103 30594 MXP 57034 b SB2272 - 64 - LRB103 30594 MXP 57034 b
2304	2304	SB2272 - 64 - LRB103 30594 MXP 57034 b
2305	2305	1 that produces a recorded image of a motor vehicle's violation
2306	2306	2 of a provision of this Code or a local ordinance and is
2307	2307	3 designed to obtain a clear recorded image of the vehicle and
2308	2308	4 the vehicle's license plate. The recorded image must also
2309	2309	5 display the time, date, and location of the violation.
2310	2310	6 (b) As used in this Section, "recorded images" means
2311	2311	7 images recorded by an automated traffic law enforcement system
2312	2312	8 on:
2313	2313	9 (1) 2 or more photographs;
2314	2314	10 (2) 2 or more microphotographs;
2315	2315	11 (3) 2 or more electronic images; or
2316	2316	12 (4) a video recording showing the motor vehicle and,
2317	2317	13 on at least one image or portion of the recording, clearly
2318	2318	14 identifying the registration plate or digital registration
2319	2319	15 plate number of the motor vehicle.
2320	2320	16 (c) A municipality or county that produces a recorded
2321	2321	17 image of a motor vehicle's violation of a provision of this
2322	2322	18 Code or a local ordinance must make the recorded images of a
2323	2323	19 violation accessible to the alleged violator by providing the
2324	2324	20 alleged violator with a website address, accessible through
2325	2325	21 the Internet.
2326	2326	22 (d) For each violation of a provision of this Code or a
2327	2327	23 local ordinance recorded by an automated traffic law
2328	2328	24 enforcement system, the county or municipality having
2329	2329	25 jurisdiction shall issue a written notice of the violation to
2330	2330	26 the registered owner of the vehicle as the alleged violator.
2331	2331
2332	2332
2333	2333
2334	2334
2335	2335
2336	2336	SB2272 - 64 - LRB103 30594 MXP 57034 b
2337	2337
2338	2338
2339	2339	SB2272- 65 -LRB103 30594 MXP 57034 b SB2272 - 65 - LRB103 30594 MXP 57034 b
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2341	2341	1 The notice shall be delivered to the registered owner of the
2342	2342	2 vehicle, by mail, within 30 days after the Secretary of State
2343	2343	3 notifies the municipality or county of the identity of the
2344	2344	4 owner of the vehicle, but in no event later than 90 days after
2345	2345	5 the violation.
2346	2346	6 (e) The notice required under subsection (d) shall
2347	2347	7 include:
2348	2348	8 (1) the name and address of the registered owner of
2349	2349	9 the vehicle;
2350	2350	10 (2) the registration number of the motor vehicle
2351	2351	11 involved in the violation;
2352	2352	12 (3) the violation charged;
2353	2353	13 (4) the location where the violation occurred;
2354	2354	14 (5) the date and time of the violation;
2355	2355	15 (6) a copy of the recorded images;
2356	2356	16 (7) the amount of the civil penalty imposed and the
2357	2357	17 date by which the civil penalty should be paid;
2358	2358	18 (8) a statement that recorded images are evidence of a
2359	2359	19 violation of overtaking or passing a school bus stopped
2360	2360	20 for the purpose of receiving or discharging pupils;
2361	2361	21 (9) a warning that failure to pay the civil penalty or
2362	2362	22 to contest liability in a timely manner is an admission of
2363	2363	23 liability;
2364	2364	24 (10) a statement that the person may elect to proceed
2365	2365	25 by:
2366	2366	26 (A) paying the fine; or
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2377	2377	1 (B) challenging the charge in court, by mail, or
2378	2378	2 by administrative hearing; and
2379	2379	3 (11) a website address, accessible through the
2380	2380	4 Internet, where the person may view the recorded images of
2381	2381	5 the violation.
2382	2382	6 (f) (Blank).
2383	2383	7 (g) Based on inspection of recorded images produced by an
2384	2384	8 automated traffic law enforcement system, a notice alleging
2385	2385	9 that the violation occurred shall be evidence of the facts
2386	2386	10 contained in the notice and admissible in any proceeding
2387	2387	11 alleging a violation under this Section.
2388	2388	12 (g-1) No officer or employee of a municipality or county
2389	2389	13 shall knowingly accept employment or receive compensation or
2390	2390	14 fees for services from a contractor that provides automated
2391	2391	15 railroad grade crossing enforcement system equipment or
2392	2392	16 services to municipalities or counties. No former officer or
2393	2393	17 employee of a municipality or county shall, within a period of
2394	2394	18 2 years immediately after termination of municipal or county
2395	2395	19 employment, knowingly accept employment or receive
2396	2396	20 compensation or fees for services from a contractor that
2397	2397	21 provides automated railroad grade crossing enforcement system
2398	2398	22 equipment or services to municipalities or counties.
2399	2399	23 (h) Recorded images made by an automated traffic law
2400	2400	24 enforcement system are confidential and shall be made
2401	2401	25 available only to the alleged violator and governmental and
2402	2402	26 law enforcement agencies for purposes of adjudicating a
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2413	2413	1 violation of this Section, for statistical purposes, or for
2414	2414	2 other governmental purposes. Any recorded image evidencing a
2415	2415	3 violation of this Section, however, may be admissible in any
2416	2416	4 proceeding resulting from the issuance of the citation.
2417	2417	5 (i) The court or hearing officer may consider in defense
2418	2418	6 of a violation:
2419	2419	7 (1) that the motor vehicle or registration plates or
2420	2420	8 digital registration plates of the motor vehicle were
2421	2421	9 stolen before the violation occurred and not under the
2422	2422	10 control of or in the possession of the owner or lessee at
2423	2423	11 the time of the violation;
2424	2424	12 (1.5) that the motor vehicle was hijacked before the
2425	2425	13 violation occurred and not under the control of or in the
2426	2426	14 possession of the owner or lessee at the time of the
2427	2427	15 violation;
2428	2428	16 (2) that the driver of the motor vehicle received a
2429	2429	17 Uniform Traffic Citation from a police officer for a
2430	2430	18 violation of Section 11-1414 of this Code within
2431	2431	19 one-eighth of a mile and 15 minutes of the violation that
2432	2432	20 was recorded by the system;
2433	2433	21 (3) that the visual signals required by Sections
2434	2434	22 12-803 and 12-805 of this Code were damaged, not
2435	2435	23 activated, not present in violation of Sections 12-803 and
2436	2436	24 12-805, or inoperable; and
2437	2437	25 (4) any other evidence or issues provided by municipal
2438	2438	26 or county ordinance.
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2449	2449	1 (j) To demonstrate that the motor vehicle was hijacked or
2450	2450	2 the motor vehicle or registration plates or digital
2451	2451	3 registration plates were stolen before the violation occurred
2452	2452	4 and were not under the control or possession of the owner or
2453	2453	5 lessee at the time of the violation, the owner or lessee must
2454	2454	6 submit proof that a report concerning the motor vehicle or
2455	2455	7 registration plates was filed with a law enforcement agency in
2456	2456	8 a timely manner.
2457	2457	9 (k) Unless the driver of the motor vehicle received a
2458	2458	10 Uniform Traffic Citation from a police officer at the time of
2459	2459	11 the violation, the motor vehicle owner is subject to a civil
2460	2460	12 penalty not exceeding $150 for a first time violation or $500
2461	2461	13 for a second or subsequent violation, plus an additional
2462	2462	14 penalty of not more than $100 for failure to pay the original
2463	2463	15 penalty in a timely manner, if the motor vehicle is recorded by
2464	2464	16 an automated traffic law enforcement system. A violation for
2465	2465	17 which a civil penalty is imposed under this Section is not a
2466	2466	18 violation of a traffic regulation governing the movement of
2467	2467	19 vehicles and may not be recorded on the driving record of the
2468	2468	20 owner of the vehicle, but may be recorded by the municipality
2469	2469	21 or county for the purpose of determining if a person is subject
2470	2470	22 to the higher fine for a second or subsequent offense.
2471	2471	23 (l) A school bus equipped with an automated traffic law
2472	2472	24 enforcement system must be posted with a sign indicating that
2473	2473	25 the school bus is being monitored by an automated traffic law
2474	2474	26 enforcement system.
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2485	2485	1 (m) A municipality or county that has one or more school
2486	2486	2 buses equipped with an automated traffic law enforcement
2487	2487	3 system must provide notice to drivers by posting a list of
2488	2488	4 school districts using school buses equipped with an automated
2489	2489	5 traffic law enforcement system on the municipality or county
2490	2490	6 website. School districts that have one or more school buses
2491	2491	7 equipped with an automated traffic law enforcement system must
2492	2492	8 provide notice to drivers by posting that information on their
2493	2493	9 websites.
2494	2494	10 (n) A municipality or county operating an automated
2495	2495	11 traffic law enforcement system shall conduct a statistical
2496	2496	12 analysis to assess the safety impact in each school district
2497	2497	13 using school buses equipped with an automated traffic law
2498	2498	14 enforcement system following installation of the system and
2499	2499	15 every 3 years thereafter. A municipality or county operating
2500	2500	16 an automated speed enforcement system before the effective
2501	2501	17 date of this amendatory Act of the 103rd General Assembly
2502	2502	18 shall conduct a statistical analysis to assess the safety
2503	2503	19 impact of the system by no later than one year after the
2504	2504	20 effective date of this amendatory Act of the 103rd General
2505	2505	21 Assembly and every 3 years thereafter. Each The statistical
2506	2506	22 analysis shall be based upon the best available crash,
2507	2507	23 traffic, and other data, and shall cover a period of time
2508	2508	24 before and after installation of the system sufficient to
2509	2509	25 provide a statistically valid comparison of safety impact.
2510	2510	26 Each The statistical analysis shall be consistent with
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2521	2521	1 professional judgment and acceptable industry practice. Each
2522	2522	2 The statistical analysis also shall be consistent with the
2523	2523	3 data required for valid comparisons of before and after
2524	2524	4 conditions and shall be conducted within a reasonable period
2525	2525	5 following the installation of the automated traffic law
2526	2526	6 enforcement system. Each The statistical analysis required by
2527	2527	7 this subsection shall be made available to the public and
2528	2528	8 shall be published on the website of the municipality or
2529	2529	9 county. If a the statistical analysis for the 36-month period
2530	2530	10 following installation of the system indicates that there has
2531	2531	11 been an increase in the rate of crashes at the approach to
2532	2532	12 school buses monitored by the system, the municipality or
2533	2533	13 county shall undertake additional studies to determine the
2534	2534	14 cause and severity of the crashes, and may take any action that
2535	2535	15 it determines is necessary or appropriate to reduce the number
2536	2536	16 or severity of the crashes involving school buses equipped
2537	2537	17 with an automated traffic law enforcement system.
2538	2538	18 (o) The compensation paid for an automated traffic law
2539	2539	19 enforcement system must be based on the value of the equipment
2540	2540	20 or the services provided and may not be based on the number of
2541	2541	21 traffic citations issued or the revenue generated by the
2542	2542	22 system.
2543	2543	23 (o-1) No officer or employee of a municipality or county
2544	2544	24 shall knowingly accept employment or receive compensation or
2545	2545	25 fees for services from a contractor that provides automated
2546	2546	26 law enforcement system equipment or services to municipalities
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2557	2557	1 or counties. No former officer or employee of a municipality
2558	2558	2 or county shall, within a period of 2 years immediately after
2559	2559	3 termination of municipal or county employment, knowingly
2560	2560	4 accept employment or receive compensation or fees for services
2561	2561	5 from a contractor that provides automated law enforcement
2562	2562	6 system equipment or services to municipalities or counties.
2563	2563	7 (p) No person who is the lessor of a motor vehicle pursuant
2564	2564	8 to a written lease agreement shall be liable for an automated
2565	2565	9 speed or traffic law enforcement system violation involving
2566	2566	10 such motor vehicle during the period of the lease; provided
2567	2567	11 that upon the request of the appropriate authority received
2568	2568	12 within 120 days after the violation occurred, the lessor
2569	2569	13 provides within 60 days after such receipt the name and
2570	2570	14 address of the lessee.
2571	2571	15 Upon the provision of information by the lessor pursuant
2572	2572	16 to this subsection, the county or municipality may issue the
2573	2573	17 violation to the lessee of the vehicle in the same manner as it
2574	2574	18 would issue a violation to a registered owner of a vehicle
2575	2575	19 pursuant to this Section, and the lessee may be held liable for
2576	2576	20 the violation.
2577	2577	21 (q) (Blank).
2578	2578	22 (r) After a municipality or county enacts an ordinance
2579	2579	23 providing for automated traffic law enforcement systems under
2580	2580	24 this Section, each school district within that municipality or
2581	2581	25 county's jurisdiction may implement an automated traffic law
2582	2582	26 enforcement system under this Section. The elected school
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2593	2593	1 board for that district must approve the implementation of an
2594	2594	2 automated traffic law enforcement system. The school district
2595	2595	3 shall be responsible for entering into a contract, approved by
2596	2596	4 the elected school board of that district, with vendors for
2597	2597	5 the installation, maintenance, and operation of the automated
2598	2598	6 traffic law enforcement system. The school district must enter
2599	2599	7 into an intergovernmental agreement, approved by the elected
2600	2600	8 school board of that district, with the municipality or county
2601	2601	9 with jurisdiction over that school district for the
2602	2602	10 administration of the automated traffic law enforcement
2603	2603	11 system. The proceeds from a school district's automated
2604	2604	12 traffic law enforcement system's fines shall be divided
2605	2605	13 equally between the school district and the municipality or
2606	2606	14 county administering the automated traffic law enforcement
2607	2607	15 system.
2608	2608	16 (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
2609	2609	17 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
2610	2610	18 Section 95. No acceleration or delay. Where this Act makes
2611	2611	19 changes in a statute that is represented in this Act by text
2612	2612	20 that is not yet or no longer in effect (for example, a Section
2613	2613	21 represented by multiple versions), the use of that text does
2614	2614	22 not accelerate or delay the taking effect of (i) the changes
2615	2615	23 made by this Act or (ii) provisions derived from any other
2616	2616	24 Public Act.
2617	2617	25 Section 99. Effective date. This Act takes effect January
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