Illinois Senate Bill SB3662 Introduced / Bill

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3662 Introduced 2/9/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 10 ILCS 5/9-50625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3625 ILCS 5/11-208.6625 ILCS 5/11-208.8625 ILCS 5/11-208.9625 ILCS 5/11-1201.1 Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships). LRB103 39483 SPS 69678 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3662 Introduced 2/9/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:  10 ILCS 5/9-50625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3625 ILCS 5/11-208.6625 ILCS 5/11-208.8625 ILCS 5/11-208.9625 ILCS 5/11-1201.1 10 ILCS 5/9-50  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  625 ILCS 5/11-1201.1  Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).  LRB103 39483 SPS 69678 b     LRB103 39483 SPS 69678 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3662 Introduced 2/9/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-50625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3625 ILCS 5/11-208.6625 ILCS 5/11-208.8625 ILCS 5/11-208.9625 ILCS 5/11-1201.1 10 ILCS 5/9-50  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  625 ILCS 5/11-1201.1
10 ILCS 5/9-50
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
625 ILCS 5/11-1201.1
Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).
LRB103 39483 SPS 69678 b     LRB103 39483 SPS 69678 b
    LRB103 39483 SPS 69678 b
A BILL FOR
SB3662LRB103 39483 SPS 69678 b   SB3662  LRB103 39483 SPS 69678 b
  SB3662  LRB103 39483 SPS 69678 b
1  AN ACT concerning automated traffic systems.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Election Code is amended by changing
5  Section 9-50 as follows:
6  (10 ILCS 5/9-50)
7  Sec. 9-50. Vendor providing automated traffic systems;
8  contributions.
9  (a) No vendor that offers or provides equipment or
10  services for automated traffic law enforcement, automated
11  speed enforcement, or automated railroad grade crossing
12  enforcement systems to townships, municipalities, or counties,
13  no political action committee created by such a vendor, and no
14  vendor-affiliated person shall make a campaign contribution to
15  any political committee established to promote the candidacy
16  of a candidate or public official. An officer or agent of such
17  a vendor may not consent to any contribution or expenditure
18  that is prohibited by this Section. A candidate, political
19  committee, or other person may not knowingly accept or receive
20  any contribution prohibited by this Section. A political
21  committee that receives a contribution in violation of this
22  Section shall dispose of the contribution by returning the
23  contribution or an amount equal to the contribution to the

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3662 Introduced 2/9/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
10 ILCS 5/9-50625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3625 ILCS 5/11-208.6625 ILCS 5/11-208.8625 ILCS 5/11-208.9625 ILCS 5/11-1201.1 10 ILCS 5/9-50  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  625 ILCS 5/11-1201.1
10 ILCS 5/9-50
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
625 ILCS 5/11-1201.1
Amends the Election Code. Provides that a political committee that receives a contribution from a vendor providing automated traffic systems shall dispose of the contribution by returning the contribution or an amount equal to the contribution to the contributor or by donating the contribution or an amount equal to the contribution to a charity. Provides that a contribution received in violation of the provision that is not disposed of within 30 days after the State Board of Elections sends notification to the political committee of the excess contribution by certified mail shall escheat to the General Revenue Fund, and the political committee shall be deemed in violation and shall be subject to a civil penalty not to exceed 150% of the total amount of the contribution. Amends the Illinois Vehicle Code. Provides that provisions concerning automated traffic law enforcement system apply to townships (in addition to municipalities and townships).
LRB103 39483 SPS 69678 b     LRB103 39483 SPS 69678 b
    LRB103 39483 SPS 69678 b
A BILL FOR

 

 

10 ILCS 5/9-50
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
625 ILCS 5/11-1201.1



    LRB103 39483 SPS 69678 b

 

 



 

  SB3662  LRB103 39483 SPS 69678 b


SB3662- 2 -LRB103 39483 SPS 69678 b   SB3662 - 2 - LRB103 39483 SPS 69678 b
  SB3662 - 2 - LRB103 39483 SPS 69678 b
1  contributor or by donating the contribution or an amount equal
2  to the contribution to a charity. A contribution received in
3  violation of this Section that is not disposed of within 30
4  days after the Board sends notification to the political
5  committee of the excess contribution by certified mail shall
6  escheat to the General Revenue Fund, and the political
7  committee shall be deemed in violation of this Section and
8  shall be subject to a civil penalty not to exceed 150% of the
9  total amount of the contribution.
10  (b) As used in this Section:
11  "Automated law enforcement system", "automated speed
12  enforcement system", and "automated railroad grade crossing
13  enforcement system" have the meanings given to those terms in
14  Article II of Chapter 11 of the Illinois Vehicle Code.
15  "Vendor-affiliated person" means: (i) any person with an
16  ownership interest in excess of 7.5% in a vendor that offers or
17  provides equipment or services for automated traffic law
18  enforcement, automated speed enforcement, or automated
19  railroad grade crossing enforcement systems to townships,
20  municipalities, or counties; (ii) any person with a
21  distributive share in excess of 7.5% in a vendor that offers or
22  provides equipment or services for automated traffic law
23  enforcement, automated speed enforcement, or automated
24  railroad grade crossing enforcement systems to townships,
25  municipalities, or counties; (iii) any executive employees of
26  a vendor that offers or provides equipment or services for

 

 

  SB3662 - 2 - LRB103 39483 SPS 69678 b


SB3662- 3 -LRB103 39483 SPS 69678 b   SB3662 - 3 - LRB103 39483 SPS 69678 b
  SB3662 - 3 - LRB103 39483 SPS 69678 b
1  automated traffic law enforcement, automated speed
2  enforcement, or automated railroad grade crossing enforcement
3  systems to townships, municipalities, or counties; and (iv)
4  the spouse, minor child, or other immediate family member
5  living in the residence of any of the persons identified in
6  items (i) through (iii).
7  (Source: P.A. 103-364, eff. 7-28-23.)
8  Section 10. The Illinois Vehicle Code is amended by
9  changing Sections 11-208.3, 11-208.6, 11-208.8, 11-208.9, and
10  11-1201.1 Section 11-208.6 as follows:
11  (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
12  Sec. 11-208.3. Administrative adjudication of violations
13  of traffic regulations concerning the standing, parking, or
14  condition of vehicles, automated traffic law violations, and
15  automated speed enforcement system violations.
16  (a) Any township, municipality, or county may provide by
17  ordinance for a system of administrative adjudication of
18  vehicular standing and parking violations and vehicle
19  compliance violations as described in this subsection,
20  automated traffic law violations as defined in Section
21  11-208.6, 11-208.9, or 11-1201.1, and automated speed
22  enforcement system violations as defined in Section 11-208.8.
23  The administrative system shall have as its purpose the fair
24  and efficient enforcement of township, municipal, or county

 

 

  SB3662 - 3 - LRB103 39483 SPS 69678 b


SB3662- 4 -LRB103 39483 SPS 69678 b   SB3662 - 4 - LRB103 39483 SPS 69678 b
  SB3662 - 4 - LRB103 39483 SPS 69678 b
1  regulations through the administrative adjudication of
2  automated speed enforcement system or automated traffic law
3  violations and violations of township, municipal, or county
4  ordinances regulating the standing and parking of vehicles,
5  the condition and use of vehicle equipment, and the display of
6  township, municipal, or county wheel tax licenses within the
7  township's, municipality's, or county's borders. The
8  administrative system shall only have authority to adjudicate
9  civil offenses carrying fines not in excess of $500 or
10  requiring the completion of a traffic education program, or
11  both, that occur after the effective date of the ordinance
12  adopting such a system under this Section. For purposes of
13  this Section, "compliance violation" means a violation of a
14  township, municipal, or county regulation governing the
15  condition or use of equipment on a vehicle or governing the
16  display of a township, municipal, or county wheel tax license.
17  (b) Any ordinance establishing a system of administrative
18  adjudication under this Section shall provide for:
19  (1) A traffic compliance administrator authorized to
20  adopt, distribute, and process parking, compliance, and
21  automated speed enforcement system or automated traffic
22  law violation notices and other notices required by this
23  Section, collect money paid as fines and penalties for
24  violation of parking and compliance ordinances and
25  automated speed enforcement system or automated traffic
26  law violations, and operate an administrative adjudication

 

 

  SB3662 - 4 - LRB103 39483 SPS 69678 b


SB3662- 5 -LRB103 39483 SPS 69678 b   SB3662 - 5 - LRB103 39483 SPS 69678 b
  SB3662 - 5 - LRB103 39483 SPS 69678 b
1  system.
2  (2) A parking, standing, compliance, automated speed
3  enforcement system, or automated traffic law violation
4  notice that shall specify or include the date, time, and
5  place of violation of a parking, standing, compliance,
6  automated speed enforcement system, or automated traffic
7  law regulation; the particular regulation violated; any
8  requirement to complete a traffic education program; the
9  fine and any penalty that may be assessed for late payment
10  or failure to complete a required traffic education
11  program, or both, when so provided by ordinance; the
12  vehicle make or a photograph of the vehicle; the state
13  registration number of the vehicle; and the identification
14  number of the person issuing the notice. With regard to
15  automated speed enforcement system or automated traffic
16  law violations, vehicle make shall be specified on the
17  automated speed enforcement system or automated traffic
18  law violation notice if the notice does not include a
19  photograph of the vehicle and the make is available and
20  readily discernible. With regard to townships,
21  municipalities, or counties with a population of 1 million
22  or more, it shall be grounds for dismissal of a parking
23  violation if the state registration number or vehicle make
24  specified is incorrect. The violation notice shall state
25  that the completion of any required traffic education
26  program, the payment of any indicated fine, and the

 

 

  SB3662 - 5 - LRB103 39483 SPS 69678 b


SB3662- 6 -LRB103 39483 SPS 69678 b   SB3662 - 6 - LRB103 39483 SPS 69678 b
  SB3662 - 6 - LRB103 39483 SPS 69678 b
1  payment of any applicable penalty for late payment or
2  failure to complete a required traffic education program,
3  or both, shall operate as a final disposition of the
4  violation. The notice also shall contain information as to
5  the availability of a hearing in which the violation may
6  be contested on its merits. The violation notice shall
7  specify the time and manner in which a hearing may be had.
8  (3) Service of a parking, standing, or compliance
9  violation notice by: (i) affixing the original or a
10  facsimile of the notice to an unlawfully parked or
11  standing vehicle; (ii) handing the notice to the operator
12  of a vehicle if he or she is present; or (iii) mailing the
13  notice to the address of the registered owner or lessee of
14  the cited vehicle as recorded with the Secretary of State
15  or the lessor of the motor vehicle within 30 days after the
16  Secretary of State or the lessor of the motor vehicle
17  notifies the township, municipality, or county of the
18  identity of the owner or lessee of the vehicle, but not
19  later than 90 days after the date of the violation, except
20  that in the case of a lessee of a motor vehicle, service of
21  a parking, standing, or compliance violation notice may
22  occur no later than 210 days after the violation; and
23  service of an automated speed enforcement system or
24  automated traffic law violation notice by mail to the
25  address of the registered owner or lessee of the cited
26  vehicle as recorded with the Secretary of State or the

 

 

  SB3662 - 6 - LRB103 39483 SPS 69678 b


SB3662- 7 -LRB103 39483 SPS 69678 b   SB3662 - 7 - LRB103 39483 SPS 69678 b
  SB3662 - 7 - LRB103 39483 SPS 69678 b
1  lessor of the motor vehicle within 30 days after the
2  Secretary of State or the lessor of the motor vehicle
3  notifies the township, municipality, or county of the
4  identity of the owner or lessee of the vehicle, but not
5  later than 90 days after the violation, except that in the
6  case of a lessee of a motor vehicle, service of an
7  automated traffic law violation notice may occur no later
8  than 210 days after the violation. A person authorized by
9  ordinance to issue and serve parking, standing, and
10  compliance violation notices shall certify as to the
11  correctness of the facts entered on the violation notice
12  by signing his or her name to the notice at the time of
13  service or, in the case of a notice produced by a
14  computerized device, by signing a single certificate to be
15  kept by the traffic compliance administrator attesting to
16  the correctness of all notices produced by the device
17  while it was under his or her control. In the case of an
18  automated traffic law violation, the ordinance shall
19  require a determination by a technician employed or
20  contracted by the township, municipality, or county that,
21  based on inspection of recorded images, the motor vehicle
22  was being operated in violation of Section 11-208.6,
23  11-208.9, or 11-1201.1 or a local ordinance. If the
24  technician determines that the vehicle entered the
25  intersection as part of a funeral procession or in order
26  to yield the right-of-way to an emergency vehicle, a

 

 

  SB3662 - 7 - LRB103 39483 SPS 69678 b


SB3662- 8 -LRB103 39483 SPS 69678 b   SB3662 - 8 - LRB103 39483 SPS 69678 b
  SB3662 - 8 - LRB103 39483 SPS 69678 b
1  citation shall not be issued. In townships or
2  municipalities with a population of less than 1,000,000
3  inhabitants and counties with a population of less than
4  3,000,000 inhabitants, the automated traffic law ordinance
5  shall require that all determinations by a technician that
6  a motor vehicle was being operated in violation of Section
7  11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
8  be reviewed and approved by a law enforcement officer or
9  retired law enforcement officer of the township,
10  municipality, or county issuing the violation. In
11  townships or municipalities with a population of 1,000,000
12  or more inhabitants and counties with a population of
13  3,000,000 or more inhabitants, the automated traffic law
14  ordinance shall require that all determinations by a
15  technician that a motor vehicle was being operated in
16  violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
17  local ordinance must be reviewed and approved by a law
18  enforcement officer or retired law enforcement officer of
19  the township, municipality, or county issuing the
20  violation or by an additional fully trained reviewing
21  technician who is not employed by the contractor who
22  employs the technician who made the initial determination.
23  In the case of an automated speed enforcement system
24  violation, the ordinance shall require a determination by
25  a technician employed by the township or municipality,
26  based upon an inspection of recorded images, video or

 

 

  SB3662 - 8 - LRB103 39483 SPS 69678 b


SB3662- 9 -LRB103 39483 SPS 69678 b   SB3662 - 9 - LRB103 39483 SPS 69678 b
  SB3662 - 9 - LRB103 39483 SPS 69678 b
1  other documentation, including documentation of the speed
2  limit and automated speed enforcement signage, and
3  documentation of the inspection, calibration, and
4  certification of the speed equipment, that the vehicle was
5  being operated in violation of Article VI of Chapter 11 of
6  this Code or a similar local ordinance. If the technician
7  determines that the vehicle speed was not determined by a
8  calibrated, certified speed equipment device based upon
9  the speed equipment documentation, or if the vehicle was
10  an emergency vehicle, a citation may not be issued. The
11  automated speed enforcement ordinance shall require that
12  all determinations by a technician that a violation
13  occurred be reviewed and approved by a law enforcement
14  officer or retired law enforcement officer of the township
15  or municipality issuing the violation or by an additional
16  fully trained reviewing technician who is not employed by
17  the contractor who employs the technician who made the
18  initial determination. Routine and independent calibration
19  of the speeds produced by automated speed enforcement
20  systems and equipment shall be conducted annually by a
21  qualified technician. Speeds produced by an automated
22  speed enforcement system shall be compared with speeds
23  produced by lidar or other independent equipment. Radar or
24  lidar equipment shall undergo an internal validation test
25  no less frequently than once each week. Qualified
26  technicians shall test loop-based equipment no less

 

 

  SB3662 - 9 - LRB103 39483 SPS 69678 b


SB3662- 10 -LRB103 39483 SPS 69678 b   SB3662 - 10 - LRB103 39483 SPS 69678 b
  SB3662 - 10 - LRB103 39483 SPS 69678 b
1  frequently than once a year. Radar equipment shall be
2  checked for accuracy by a qualified technician when the
3  unit is serviced, when unusual or suspect readings
4  persist, or when deemed necessary by a reviewing
5  technician. Radar equipment shall be checked with the
6  internal frequency generator and the internal circuit test
7  whenever the radar is turned on. Technicians must be alert
8  for any unusual or suspect readings, and if unusual or
9  suspect readings of a radar unit persist, that unit shall
10  immediately be removed from service and not returned to
11  service until it has been checked by a qualified
12  technician and determined to be functioning properly.
13  Documentation of the annual calibration results, including
14  the equipment tested, test date, technician performing the
15  test, and test results, shall be maintained and available
16  for use in the determination of an automated speed
17  enforcement system violation and issuance of a citation.
18  The technician performing the calibration and testing of
19  the automated speed enforcement equipment shall be trained
20  and certified in the use of equipment for speed
21  enforcement purposes. Training on the speed enforcement
22  equipment may be conducted by law enforcement, civilian,
23  or manufacturer's personnel and if applicable may be
24  equivalent to the equipment use and operations training
25  included in the Speed Measuring Device Operator Program
26  developed by the National Highway Traffic Safety

 

 

  SB3662 - 10 - LRB103 39483 SPS 69678 b


SB3662- 11 -LRB103 39483 SPS 69678 b   SB3662 - 11 - LRB103 39483 SPS 69678 b
  SB3662 - 11 - LRB103 39483 SPS 69678 b
1  Administration (NHTSA). The vendor or technician who
2  performs the work shall keep accurate records on each
3  piece of equipment the technician calibrates and tests. As
4  used in this paragraph, "fully trained reviewing
5  technician" means a person who has received at least 40
6  hours of supervised training in subjects which shall
7  include image inspection and interpretation, the elements
8  necessary to prove a violation, license plate
9  identification, and traffic safety and management. In all
10  townships, municipalities, and counties, the automated
11  speed enforcement system or automated traffic law
12  ordinance shall require that no additional fee shall be
13  charged to the alleged violator for exercising his or her
14  right to an administrative hearing, and persons shall be
15  given at least 25 days following an administrative hearing
16  to pay any civil penalty imposed by a finding that Section
17  11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
18  local ordinance has been violated. The original or a
19  facsimile of the violation notice or, in the case of a
20  notice produced by a computerized device, a printed record
21  generated by the device showing the facts entered on the
22  notice, shall be retained by the traffic compliance
23  administrator, and shall be a record kept in the ordinary
24  course of business. A parking, standing, compliance,
25  automated speed enforcement system, or automated traffic
26  law violation notice issued, signed, and served in

 

 

  SB3662 - 11 - LRB103 39483 SPS 69678 b


SB3662- 12 -LRB103 39483 SPS 69678 b   SB3662 - 12 - LRB103 39483 SPS 69678 b
  SB3662 - 12 - LRB103 39483 SPS 69678 b
1  accordance with this Section, a copy of the notice, or the
2  computer-generated record shall be prima facie correct and
3  shall be prima facie evidence of the correctness of the
4  facts shown on the notice. The notice, copy, or
5  computer-generated record shall be admissible in any
6  subsequent administrative or legal proceedings.
7  (4) An opportunity for a hearing for the registered
8  owner of the vehicle cited in the parking, standing,
9  compliance, automated speed enforcement system, or
10  automated traffic law violation notice in which the owner
11  may contest the merits of the alleged violation, and
12  during which formal or technical rules of evidence shall
13  not apply; provided, however, that under Section 11-1306
14  of this Code the lessee of a vehicle cited in the violation
15  notice likewise shall be provided an opportunity for a
16  hearing of the same kind afforded the registered owner.
17  The hearings shall be recorded, and the person conducting
18  the hearing on behalf of the traffic compliance
19  administrator shall be empowered to administer oaths and
20  to secure by subpoena both the attendance and testimony of
21  witnesses and the production of relevant books and papers.
22  Persons appearing at a hearing under this Section may be
23  represented by counsel at their expense. The ordinance may
24  also provide for internal administrative review following
25  the decision of the hearing officer.
26  (5) Service of additional notices, sent by first class

 

 

  SB3662 - 12 - LRB103 39483 SPS 69678 b


SB3662- 13 -LRB103 39483 SPS 69678 b   SB3662 - 13 - LRB103 39483 SPS 69678 b
  SB3662 - 13 - LRB103 39483 SPS 69678 b
1  United States mail, postage prepaid, to the address of the
2  registered owner of the cited vehicle as recorded with the
3  Secretary of State or, if any notice to that address is
4  returned as undeliverable, to the last known address
5  recorded in a United States Post Office approved database,
6  or, under Section 11-1306 or subsection (p) of Section
7  11-208.6 or 11-208.9, or subsection (p) of Section
8  11-208.8 of this Code, to the lessee of the cited vehicle
9  at the last address known to the lessor of the cited
10  vehicle at the time of lease or, if any notice to that
11  address is returned as undeliverable, to the last known
12  address recorded in a United States Post Office approved
13  database. The service shall be deemed complete as of the
14  date of deposit in the United States mail. The notices
15  shall be in the following sequence and shall include, but
16  not be limited to, the information specified herein:
17  (i) A second notice of parking, standing, or
18  compliance violation if the first notice of the
19  violation was issued by affixing the original or a
20  facsimile of the notice to the unlawfully parked
21  vehicle or by handing the notice to the operator. This
22  notice shall specify or include the date and location
23  of the violation cited in the parking, standing, or
24  compliance violation notice, the particular regulation
25  violated, the vehicle make or a photograph of the
26  vehicle, the state registration number of the vehicle,

 

 

  SB3662 - 13 - LRB103 39483 SPS 69678 b


SB3662- 14 -LRB103 39483 SPS 69678 b   SB3662 - 14 - LRB103 39483 SPS 69678 b
  SB3662 - 14 - LRB103 39483 SPS 69678 b
1  any requirement to complete a traffic education
2  program, the fine and any penalty that may be assessed
3  for late payment or failure to complete a traffic
4  education program, or both, when so provided by
5  ordinance, the availability of a hearing in which the
6  violation may be contested on its merits, and the time
7  and manner in which the hearing may be had. The notice
8  of violation shall also state that failure to complete
9  a required traffic education program, to pay the
10  indicated fine and any applicable penalty, or to
11  appear at a hearing on the merits in the time and
12  manner specified, will result in a final determination
13  of violation liability for the cited violation in the
14  amount of the fine or penalty indicated, and that,
15  upon the occurrence of a final determination of
16  violation liability for the failure, and the
17  exhaustion of, or failure to exhaust, available
18  administrative or judicial procedures for review, any
19  incomplete traffic education program or any unpaid
20  fine or penalty, or both, will constitute a debt due
21  and owing the township, municipality, or county.
22  (ii) A notice of final determination of parking,
23  standing, compliance, automated speed enforcement
24  system, or automated traffic law violation liability.
25  This notice shall be sent following a final
26  determination of parking, standing, compliance,

 

 

  SB3662 - 14 - LRB103 39483 SPS 69678 b


SB3662- 15 -LRB103 39483 SPS 69678 b   SB3662 - 15 - LRB103 39483 SPS 69678 b
  SB3662 - 15 - LRB103 39483 SPS 69678 b
1  automated speed enforcement system, or automated
2  traffic law violation liability and the conclusion of
3  judicial review procedures taken under this Section.
4  The notice shall state that the incomplete traffic
5  education program or the unpaid fine or penalty, or
6  both, is a debt due and owing the township,
7  municipality, or county. The notice shall contain
8  warnings that failure to complete any required traffic
9  education program or to pay any fine or penalty due and
10  owing the township, municipality, or county, or both,
11  within the time specified may result in the
12  township's, municipality's, or county's filing of a
13  petition in the Circuit Court to have the incomplete
14  traffic education program or unpaid fine or penalty,
15  or both, rendered a judgment as provided by this
16  Section, or, where applicable, may result in
17  suspension of the person's driver's license for
18  failure to complete a traffic education program.
19  (6) A notice of impending driver's license suspension.
20  This notice shall be sent to the person liable for failure
21  to complete a required traffic education program. The
22  notice shall state that failure to complete a required
23  traffic education program within 45 days of the notice's
24  date will result in the township, municipality, or county
25  notifying the Secretary of State that the person is
26  eligible for initiation of suspension proceedings under

 

 

  SB3662 - 15 - LRB103 39483 SPS 69678 b


SB3662- 16 -LRB103 39483 SPS 69678 b   SB3662 - 16 - LRB103 39483 SPS 69678 b
  SB3662 - 16 - LRB103 39483 SPS 69678 b
1  Section 6-306.5 of this Code. The notice shall also state
2  that the person may obtain a photostatic copy of an
3  original ticket imposing a fine or penalty by sending a
4  self-addressed, stamped envelope to the township,
5  municipality, or county along with a request for the
6  photostatic copy. The notice of impending driver's license
7  suspension shall be sent by first class United States
8  mail, postage prepaid, to the address recorded with the
9  Secretary of State or, if any notice to that address is
10  returned as undeliverable, to the last known address
11  recorded in a United States Post Office approved database.
12  (7) Final determinations of violation liability. A
13  final determination of violation liability shall occur
14  following failure to complete the required traffic
15  education program or to pay the fine or penalty, or both,
16  after a hearing officer's determination of violation
17  liability and the exhaustion of or failure to exhaust any
18  administrative review procedures provided by ordinance.
19  Where a person fails to appear at a hearing to contest the
20  alleged violation in the time and manner specified in a
21  prior mailed notice, the hearing officer's determination
22  of violation liability shall become final: (A) upon denial
23  of a timely petition to set aside that determination, or
24  (B) upon expiration of the period for filing the petition
25  without a filing having been made.
26  (8) A petition to set aside a determination of

 

 

  SB3662 - 16 - LRB103 39483 SPS 69678 b


SB3662- 17 -LRB103 39483 SPS 69678 b   SB3662 - 17 - LRB103 39483 SPS 69678 b
  SB3662 - 17 - LRB103 39483 SPS 69678 b
1  parking, standing, compliance, automated speed enforcement
2  system, or automated traffic law violation liability that
3  may be filed by a person owing an unpaid fine or penalty. A
4  petition to set aside a determination of liability may
5  also be filed by a person required to complete a traffic
6  education program. The petition shall be filed with and
7  ruled upon by the traffic compliance administrator in the
8  manner and within the time specified by ordinance. The
9  grounds for the petition may be limited to: (A) the person
10  not having been the owner or lessee of the cited vehicle on
11  the date the violation notice was issued, (B) the person
12  having already completed the required traffic education
13  program or paid the fine or penalty, or both, for the
14  violation in question, and (C) excusable failure to appear
15  at or request a new date for a hearing. With regard to
16  townships, municipalities, or counties with a population
17  of 1 million or more, it shall be grounds for dismissal of
18  a parking violation if the state registration number or
19  vehicle make, only if specified in the violation notice,
20  is incorrect. After the determination of parking,
21  standing, compliance, automated speed enforcement system,
22  or automated traffic law violation liability has been set
23  aside upon a showing of just cause, the registered owner
24  shall be provided with a hearing on the merits for that
25  violation.
26  (9) Procedures for non-residents. Procedures by which

 

 

  SB3662 - 17 - LRB103 39483 SPS 69678 b


SB3662- 18 -LRB103 39483 SPS 69678 b   SB3662 - 18 - LRB103 39483 SPS 69678 b
  SB3662 - 18 - LRB103 39483 SPS 69678 b
1  persons who are not residents of the township,
2  municipality, or county may contest the merits of the
3  alleged violation without attending a hearing.
4  (10) A schedule of civil fines for violations of
5  vehicular standing, parking, compliance, automated speed
6  enforcement system, or automated traffic law regulations
7  enacted by ordinance pursuant to this Section, and a
8  schedule of penalties for late payment of the fines or
9  failure to complete required traffic education programs,
10  provided, however, that the total amount of the fine and
11  penalty for any one violation shall not exceed $250,
12  except as provided in subsection (c) of Section 11-1301.3
13  of this Code.
14  (11) Other provisions as are necessary and proper to
15  carry into effect the powers granted and purposes stated
16  in this Section.
17  (b-5) An automated speed enforcement system or automated
18  traffic law ordinance adopted under this Section by a
19  township, municipality, or county shall require that the
20  determination to issue a citation be vested solely with the
21  township, municipality, or county and that such authority may
22  not be delegated to any vendor retained by the township,
23  municipality, or county. Any contract or agreement violating
24  such a provision in the ordinance is null and void.
25  (c) Any township, municipality, or county establishing
26  vehicular standing, parking, compliance, automated speed

 

 

  SB3662 - 18 - LRB103 39483 SPS 69678 b


SB3662- 19 -LRB103 39483 SPS 69678 b   SB3662 - 19 - LRB103 39483 SPS 69678 b
  SB3662 - 19 - LRB103 39483 SPS 69678 b
1  enforcement system, or automated traffic law regulations under
2  this Section may also provide by ordinance for a program of
3  vehicle immobilization for the purpose of facilitating
4  enforcement of those regulations. The program of vehicle
5  immobilization shall provide for immobilizing any eligible
6  vehicle upon the public way by presence of a restraint in a
7  manner to prevent operation of the vehicle. Any ordinance
8  establishing a program of vehicle immobilization under this
9  Section shall provide:
10  (1) Criteria for the designation of vehicles eligible
11  for immobilization. A vehicle shall be eligible for
12  immobilization when the registered owner of the vehicle
13  has accumulated the number of incomplete traffic education
14  programs or unpaid final determinations of parking,
15  standing, compliance, automated speed enforcement system,
16  or automated traffic law violation liability, or both, as
17  determined by ordinance.
18  (2) A notice of impending vehicle immobilization and a
19  right to a hearing to challenge the validity of the notice
20  by disproving liability for the incomplete traffic
21  education programs or unpaid final determinations of
22  parking, standing, compliance, automated speed enforcement
23  system, or automated traffic law violation liability, or
24  both, listed on the notice.
25  (3) The right to a prompt hearing after a vehicle has
26  been immobilized or subsequently towed without the

 

 

  SB3662 - 19 - LRB103 39483 SPS 69678 b


SB3662- 20 -LRB103 39483 SPS 69678 b   SB3662 - 20 - LRB103 39483 SPS 69678 b
  SB3662 - 20 - LRB103 39483 SPS 69678 b
1  completion of the required traffic education program or
2  payment of the outstanding fines and penalties on parking,
3  standing, compliance, automated speed enforcement system,
4  or automated traffic law violations, or both, for which
5  final determinations have been issued. An order issued
6  after the hearing is a final administrative decision
7  within the meaning of Section 3-101 of the Code of Civil
8  Procedure.
9  (4) A post immobilization and post-towing notice
10  advising the registered owner of the vehicle of the right
11  to a hearing to challenge the validity of the impoundment.
12  (d) Judicial review of final determinations of parking,
13  standing, compliance, automated speed enforcement system, or
14  automated traffic law violations and final administrative
15  decisions issued after hearings regarding vehicle
16  immobilization and impoundment made under this Section shall
17  be subject to the provisions of the Administrative Review Law.
18  (e) Any fine, penalty, incomplete traffic education
19  program, or part of any fine or any penalty remaining unpaid
20  after the exhaustion of, or the failure to exhaust,
21  administrative remedies created under this Section and the
22  conclusion of any judicial review procedures shall be a debt
23  due and owing the township, municipality, or county and, as
24  such, may be collected in accordance with applicable law.
25  Completion of any required traffic education program and
26  payment in full of any fine or penalty resulting from a

 

 

  SB3662 - 20 - LRB103 39483 SPS 69678 b


SB3662- 21 -LRB103 39483 SPS 69678 b   SB3662 - 21 - LRB103 39483 SPS 69678 b
  SB3662 - 21 - LRB103 39483 SPS 69678 b
1  standing, parking, compliance, automated speed enforcement
2  system, or automated traffic law violation shall constitute a
3  final disposition of that violation.
4  (f) After the expiration of the period within which
5  judicial review may be sought for a final determination of
6  parking, standing, compliance, automated speed enforcement
7  system, or automated traffic law violation, the township,
8  municipality, or county may commence a proceeding in the
9  Circuit Court for purposes of obtaining a judgment on the
10  final determination of violation. Nothing in this Section
11  shall prevent a township, municipality, or county from
12  consolidating multiple final determinations of parking,
13  standing, compliance, automated speed enforcement system, or
14  automated traffic law violations against a person in a
15  proceeding. Upon commencement of the action, the township,
16  municipality, or county shall file a certified copy or record
17  of the final determination of parking, standing, compliance,
18  automated speed enforcement system, or automated traffic law
19  violation, which shall be accompanied by a certification that
20  recites facts sufficient to show that the final determination
21  of violation was issued in accordance with this Section and
22  the applicable township, municipal, or county ordinance.
23  Service of the summons and a copy of the petition may be by any
24  method provided by Section 2-203 of the Code of Civil
25  Procedure or by certified mail, return receipt requested,
26  provided that the total amount of fines and penalties for

 

 

  SB3662 - 21 - LRB103 39483 SPS 69678 b


SB3662- 22 -LRB103 39483 SPS 69678 b   SB3662 - 22 - LRB103 39483 SPS 69678 b
  SB3662 - 22 - LRB103 39483 SPS 69678 b
1  final determinations of parking, standing, compliance,
2  automated speed enforcement system, or automated traffic law
3  violations does not exceed $2500. If the court is satisfied
4  that the final determination of parking, standing, compliance,
5  automated speed enforcement system, or automated traffic law
6  violation was entered in accordance with the requirements of
7  this Section and the applicable township, municipal, or county
8  ordinance, and that the registered owner or the lessee, as the
9  case may be, had an opportunity for an administrative hearing
10  and for judicial review as provided in this Section, the court
11  shall render judgment in favor of the township, municipality,
12  or county and against the registered owner or the lessee for
13  the amount indicated in the final determination of parking,
14  standing, compliance, automated speed enforcement system, or
15  automated traffic law violation, plus costs. The judgment
16  shall have the same effect and may be enforced in the same
17  manner as other judgments for the recovery of money.
18  (g) The fee for participating in a traffic education
19  program under this Section shall not exceed $25.
20  A low-income individual required to complete a traffic
21  education program under this Section who provides proof of
22  eligibility for the federal earned income tax credit under
23  Section 32 of the Internal Revenue Code or the Illinois earned
24  income tax credit under Section 212 of the Illinois Income Tax
25  Act shall not be required to pay any fee for participating in a
26  required traffic education program.

 

 

  SB3662 - 22 - LRB103 39483 SPS 69678 b


SB3662- 23 -LRB103 39483 SPS 69678 b   SB3662 - 23 - LRB103 39483 SPS 69678 b
  SB3662 - 23 - LRB103 39483 SPS 69678 b
1  (h) Notwithstanding any other provision of law to the
2  contrary, a person shall not be liable for violations, fees,
3  fines, or penalties under this Section during the period in
4  which the motor vehicle was stolen or hijacked, as indicated
5  in a report to the appropriate law enforcement agency filed in
6  a timely manner.
7  (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
8  103-364, eff. 7-28-23.)
9  (625 ILCS 5/11-208.6)
10  Sec. 11-208.6. Automated traffic law enforcement system.
11  (a) As used in this Section, "automated traffic law
12  enforcement system" means a device with one or more motor
13  vehicle sensors working in conjunction with a red light signal
14  to produce recorded images of motor vehicles entering an
15  intersection against a red signal indication in violation of
16  Section 11-306 of this Code or a similar provision of a local
17  ordinance.
18  An automated traffic law enforcement system is a system,
19  in a township, municipality, or county operated by a
20  governmental agency, that produces a recorded image of a motor
21  vehicle's violation of a provision of this Code or a local
22  ordinance and is designed to obtain a clear recorded image of
23  the vehicle and the vehicle's license plate. The recorded
24  image must also display the time, date, and location of the
25  violation.

 

 

  SB3662 - 23 - LRB103 39483 SPS 69678 b


SB3662- 24 -LRB103 39483 SPS 69678 b   SB3662 - 24 - LRB103 39483 SPS 69678 b
  SB3662 - 24 - LRB103 39483 SPS 69678 b
1  (b) As used in this Section, "recorded images" means
2  images recorded by an automated traffic law enforcement system
3  on:
4  (1) 2 or more photographs;
5  (2) 2 or more microphotographs;
6  (3) 2 or more electronic images; or
7  (4) a video recording showing the motor vehicle and,
8  on at least one image or portion of the recording, clearly
9  identifying the registration plate or digital registration
10  plate number of the motor vehicle.
11  (b-5) A township, municipality, or county that produces a
12  recorded image of a motor vehicle's violation of a provision
13  of this Code or a local ordinance must make the recorded images
14  of a violation accessible to the alleged violator by providing
15  the alleged violator with a website address, accessible
16  through the Internet.
17  (c) Except as provided under Section 11-208.8 of this
18  Code, a township, county, or municipality, including a home
19  rule county, or municipality, or township, may not use an
20  automated traffic law enforcement system to provide recorded
21  images of a motor vehicle for the purpose of recording its
22  speed. Except as provided under Section 11-208.8 of this Code,
23  the regulation of the use of automated traffic law enforcement
24  systems to record vehicle speeds is an exclusive power and
25  function of the State. This subsection (c) is a denial and
26  limitation of home rule powers and functions under subsection

 

 

  SB3662 - 24 - LRB103 39483 SPS 69678 b


SB3662- 25 -LRB103 39483 SPS 69678 b   SB3662 - 25 - LRB103 39483 SPS 69678 b
  SB3662 - 25 - LRB103 39483 SPS 69678 b
1  (h) of Section 6 of Article VII of the Illinois Constitution.
2  (c-5) A township, county, or municipality, including a
3  home rule county, or municipality, or township, may not use an
4  automated traffic law enforcement system to issue violations
5  in instances where the motor vehicle comes to a complete stop
6  and does not enter the intersection, as defined by Section
7  1-132 of this Code, during the cycle of the red signal
8  indication unless one or more pedestrians or bicyclists are
9  present, even if the motor vehicle stops at a point past a stop
10  line or crosswalk where a driver is required to stop, as
11  specified in subsection (c) of Section 11-306 of this Code or a
12  similar provision of a local ordinance.
13  (c-6) A township, a county, or a municipality with less
14  than 2,000,000 inhabitants, including a home rule county, or
15  municipality, or township, may not use an automated traffic
16  law enforcement system to issue violations in instances where
17  a motorcyclist enters an intersection against a red signal
18  indication when the red signal fails to change to a green
19  signal within a reasonable period of time not less than 120
20  seconds because of a signal malfunction or because the signal
21  has failed to detect the arrival of the motorcycle due to the
22  motorcycle's size or weight.
23  (d) For each violation of a provision of this Code or a
24  local ordinance recorded by an automatic traffic law
25  enforcement system, the county, or municipality, or township
26  having jurisdiction shall issue a written notice of the

 

 

  SB3662 - 25 - LRB103 39483 SPS 69678 b


SB3662- 26 -LRB103 39483 SPS 69678 b   SB3662 - 26 - LRB103 39483 SPS 69678 b
  SB3662 - 26 - LRB103 39483 SPS 69678 b
1  violation to the registered owner of the vehicle as the
2  alleged violator. The notice shall be delivered to the
3  registered owner of the vehicle, by mail, within 30 days after
4  the Secretary of State notifies the township, municipality, or
5  county of the identity of the owner of the vehicle, but in no
6  event later than 90 days after the violation.
7  The notice shall include:
8  (1) the name and address of the registered owner of
9  the vehicle;
10  (2) the registration number of the motor vehicle
11  involved in the violation;
12  (3) the violation charged;
13  (4) the location where the violation occurred;
14  (5) the date and time of the violation;
15  (6) a copy of the recorded images;
16  (7) the amount of the civil penalty imposed and the
17  requirements of any traffic education program imposed and
18  the date by which the civil penalty should be paid and the
19  traffic education program should be completed;
20  (8) a statement that recorded images are evidence of a
21  violation of a red light signal;
22  (9) a warning that failure to pay the civil penalty,
23  to complete a required traffic education program, or to
24  contest liability in a timely manner is an admission of
25  liability;
26  (10) a statement that the person may elect to proceed

 

 

  SB3662 - 26 - LRB103 39483 SPS 69678 b


SB3662- 27 -LRB103 39483 SPS 69678 b   SB3662 - 27 - LRB103 39483 SPS 69678 b
  SB3662 - 27 - LRB103 39483 SPS 69678 b
1  by:
2  (A) paying the fine, completing a required traffic
3  education program, or both; or
4  (B) challenging the charge in court, by mail, or
5  by administrative hearing; and
6  (11) a website address, accessible through the
7  Internet, where the person may view the recorded images of
8  the violation.
9  (e) (Blank).
10  (f) Based on inspection of recorded images produced by an
11  automated traffic law enforcement system, a notice alleging
12  that the violation occurred shall be evidence of the facts
13  contained in the notice and admissible in any proceeding
14  alleging a violation under this Section.
15  (g) Recorded images made by an automatic traffic law
16  enforcement system are confidential and shall be made
17  available only to the alleged violator and governmental and
18  law enforcement agencies for purposes of adjudicating a
19  violation of this Section, for statistical purposes, or for
20  other governmental purposes. Any recorded image evidencing a
21  violation of this Section, however, may be admissible in any
22  proceeding resulting from the issuance of the citation.
23  (h) The court or hearing officer may consider in defense
24  of a violation:
25  (1) that the motor vehicle or registration plates or
26  digital registration plates of the motor vehicle were

 

 

  SB3662 - 27 - LRB103 39483 SPS 69678 b


SB3662- 28 -LRB103 39483 SPS 69678 b   SB3662 - 28 - LRB103 39483 SPS 69678 b
  SB3662 - 28 - LRB103 39483 SPS 69678 b
1  stolen before the violation occurred and not under the
2  control of or in the possession of the owner or lessee at
3  the time of the violation;
4  (1.5) that the motor vehicle was hijacked before the
5  violation occurred and not under the control of or in the
6  possession of the owner or lessee at the time of the
7  violation;
8  (2) that the driver of the vehicle passed through the
9  intersection when the light was red either (i) in order to
10  yield the right-of-way to an emergency vehicle or (ii) as
11  part of a funeral procession; and
12  (3) any other evidence or issues provided by township,
13  municipal, or county ordinance.
14  (i) To demonstrate that the motor vehicle was hijacked or
15  the motor vehicle or registration plates or digital
16  registration plates were stolen before the violation occurred
17  and were not under the control or possession of the owner or
18  lessee at the time of the violation, the owner or lessee must
19  submit proof that a report concerning the motor vehicle or
20  registration plates was filed with a law enforcement agency in
21  a timely manner.
22  (j) Unless the driver of the motor vehicle received a
23  Uniform Traffic Citation from a police officer at the time of
24  the violation, the motor vehicle owner is subject to a civil
25  penalty not exceeding $100 or the completion of a traffic
26  education program, or both, plus an additional penalty of not

 

 

  SB3662 - 28 - LRB103 39483 SPS 69678 b


SB3662- 29 -LRB103 39483 SPS 69678 b   SB3662 - 29 - LRB103 39483 SPS 69678 b
  SB3662 - 29 - LRB103 39483 SPS 69678 b
1  more than $100 for failure to pay the original penalty or to
2  complete a required traffic education program, or both, in a
3  timely manner, if the motor vehicle is recorded by an
4  automated traffic law enforcement system. A violation for
5  which a civil penalty is imposed under this Section is not a
6  violation of a traffic regulation governing the movement of
7  vehicles and may not be recorded on the driving record of the
8  owner of the vehicle.
9  (j-3) A registered owner who is a holder of a valid
10  commercial driver's license is not required to complete a
11  traffic education program.
12  (j-5) For purposes of the required traffic education
13  program only, a registered owner may submit an affidavit to
14  the court or hearing officer swearing that at the time of the
15  alleged violation, the vehicle was in the custody and control
16  of another person. The affidavit must identify the person in
17  custody and control of the vehicle, including the person's
18  name and current address. The person in custody and control of
19  the vehicle at the time of the violation is required to
20  complete the required traffic education program. If the person
21  in custody and control of the vehicle at the time of the
22  violation completes the required traffic education program,
23  the registered owner of the vehicle is not required to
24  complete a traffic education program.
25  (k) An intersection equipped with an automated traffic law
26  enforcement system must be posted with a sign visible to

 

 

  SB3662 - 29 - LRB103 39483 SPS 69678 b


SB3662- 30 -LRB103 39483 SPS 69678 b   SB3662 - 30 - LRB103 39483 SPS 69678 b
  SB3662 - 30 - LRB103 39483 SPS 69678 b
1  approaching traffic indicating that the intersection is being
2  monitored by an automated traffic law enforcement system and
3  informing drivers whether, following a stop, a right turn at
4  the intersection is permitted or prohibited.
5  (k-3) A township, municipality, or county that has one or
6  more intersections equipped with an automated traffic law
7  enforcement system must provide notice to drivers by posting
8  the locations of automated traffic law systems on the
9  township, municipality, or county website.
10  (k-5) An intersection equipped with an automated traffic
11  law enforcement system must have a yellow change interval that
12  conforms with the Illinois Manual on Uniform Traffic Control
13  Devices (IMUTCD) published by the Illinois Department of
14  Transportation. Beginning 6 months before it installs an
15  automated traffic law enforcement system at an intersection, a
16  county, or municipality, or township may not change the yellow
17  change interval at that intersection.
18  (k-7) A township, municipality, or county operating an
19  automated traffic law enforcement system shall conduct a
20  statistical analysis to assess the safety impact of each
21  automated traffic law enforcement system at an intersection
22  following installation of the system and every 2 years
23  thereafter. Each statistical analysis shall be based upon the
24  best available crash, traffic, and other data, and shall cover
25  a period of time before and after installation of the system
26  sufficient to provide a statistically valid comparison of

 

 

  SB3662 - 30 - LRB103 39483 SPS 69678 b


SB3662- 31 -LRB103 39483 SPS 69678 b   SB3662 - 31 - LRB103 39483 SPS 69678 b
  SB3662 - 31 - LRB103 39483 SPS 69678 b
1  safety impact. Each statistical analysis shall be consistent
2  with professional judgment and acceptable industry practice.
3  Each statistical analysis also shall be consistent with the
4  data required for valid comparisons of before and after
5  conditions and shall be conducted within a reasonable period
6  following the installation of the automated traffic law
7  enforcement system. Each statistical analysis required by this
8  subsection (k-7) shall be made available to the public and
9  shall be published on the website of the township,
10  municipality, or county. If a statistical analysis 36-month
11  indicates that there has been an increase in the rate of
12  crashes at the approach to the intersection monitored by the
13  system, the township, municipality, or county shall undertake
14  additional studies to determine the cause and severity of the
15  crashes, and may take any action that it determines is
16  necessary or appropriate to reduce the number or severity of
17  the crashes at that intersection.
18  (k-8) Any township, municipality, or county operating an
19  automated traffic law enforcement system before July 28, 2023
20  (the effective date of Public Act 103-364) this amendatory Act
21  of the 103rd General Assembly shall conduct a statistical
22  analysis to assess the safety impact of each automated traffic
23  law enforcement system at an intersection by no later than one
24  year after July 28, 2023 (the effective date of Public Act
25  103-364) this amendatory Act of the 103rd General Assembly and
26  every 2 years thereafter. The statistical analyses shall be

 

 

  SB3662 - 31 - LRB103 39483 SPS 69678 b


SB3662- 32 -LRB103 39483 SPS 69678 b   SB3662 - 32 - LRB103 39483 SPS 69678 b
  SB3662 - 32 - LRB103 39483 SPS 69678 b
1  based upon the best available crash, traffic, and other data,
2  and shall cover a period of time before and after installation
3  of the system sufficient to provide a statistically valid
4  comparison of safety impact. The statistical analyses shall be
5  consistent with professional judgment and acceptable industry
6  practice. The statistical analyses also shall be consistent
7  with the data required for valid comparisons of before and
8  after conditions. The statistical analyses required by this
9  subsection shall be made available to the public and shall be
10  published on the website of the township, municipality, or
11  county. If the statistical analysis for any period following
12  installation of the system indicates that there has been an
13  increase in the rate of accidents at the approach to the
14  intersection monitored by the system, the township,
15  municipality, or county shall undertake additional studies to
16  determine the cause and severity of the accidents, and may
17  take any action that it determines is necessary or appropriate
18  to reduce the number or severity of the accidents at that
19  intersection.
20  (l) The compensation paid for an automated traffic law
21  enforcement system must be based on the value of the equipment
22  or the services provided and may not be based on the number of
23  traffic citations issued or the revenue generated by the
24  system.
25  (l-1) No member of the General Assembly and no officer or
26  employee of a township, municipality, or county shall

 

 

  SB3662 - 32 - LRB103 39483 SPS 69678 b


SB3662- 33 -LRB103 39483 SPS 69678 b   SB3662 - 33 - LRB103 39483 SPS 69678 b
  SB3662 - 33 - LRB103 39483 SPS 69678 b
1  knowingly accept employment or receive compensation or fees
2  for services from a vendor that provides automated traffic law
3  enforcement system equipment or services to townships,
4  municipalities, or counties. No former member of the General
5  Assembly shall, within a period of 2 years immediately after
6  the termination of service as a member of the General
7  Assembly, knowingly accept employment or receive compensation
8  or fees for services from a vendor that provides automated
9  traffic law enforcement system equipment or services to
10  townships, municipalities, or counties. No former officer or
11  employee of a township, municipality, or county shall, within
12  a period of 2 years immediately after the termination of
13  township, municipal, or county employment, knowingly accept
14  employment or receive compensation or fees for services from a
15  vendor that provides automated traffic law enforcement system
16  equipment or services to townships, municipalities, or
17  counties.
18  (m) This Section applies only to the counties of Cook,
19  DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
20  to municipalities and townships located within those counties.
21  (n) The fee for participating in a traffic education
22  program under this Section shall not exceed $25.
23  A low-income individual required to complete a traffic
24  education program under this Section who provides proof of
25  eligibility for the federal earned income tax credit under
26  Section 32 of the Internal Revenue Code or the Illinois earned

 

 

  SB3662 - 33 - LRB103 39483 SPS 69678 b


SB3662- 34 -LRB103 39483 SPS 69678 b   SB3662 - 34 - LRB103 39483 SPS 69678 b
  SB3662 - 34 - LRB103 39483 SPS 69678 b
1  income tax credit under Section 212 of the Illinois Income Tax
2  Act shall not be required to pay any fee for participating in a
3  required traffic education program.
4  (o) (Blank).
5  (p) No person who is the lessor of a motor vehicle pursuant
6  to a written lease agreement shall be liable for an automated
7  speed or traffic law enforcement system violation involving
8  such motor vehicle during the period of the lease; provided
9  that upon the request of the appropriate authority received
10  within 120 days after the violation occurred, the lessor
11  provides within 60 days after such receipt the name and
12  address of the lessee.
13  Upon the provision of information by the lessor pursuant
14  to this subsection, the county, or municipality, or township
15  may issue the violation to the lessee of the vehicle in the
16  same manner as it would issue a violation to a registered owner
17  of a vehicle pursuant to this Section, and the lessee may be
18  held liable for the violation.
19  (q) If a county, or municipality, or township selects a
20  new vendor for its automated traffic law enforcement system
21  and must, as a consequence, apply for a permit, approval, or
22  other authorization from the Department for reinstallation of
23  one or more malfunctioning components of that system and if,
24  at the time of the application for the permit, approval, or
25  other authorization, the new vendor operates an automated
26  traffic law enforcement system for any other county, or

 

 

  SB3662 - 34 - LRB103 39483 SPS 69678 b


SB3662- 35 -LRB103 39483 SPS 69678 b   SB3662 - 35 - LRB103 39483 SPS 69678 b
  SB3662 - 35 - LRB103 39483 SPS 69678 b
1  municipality, or township in the State, then the Department
2  shall approve or deny the county , municipality, or township's
3  or municipality's application for the permit, approval, or
4  other authorization within 90 days after its receipt.
5  (r) The Department may revoke any permit, approval, or
6  other authorization granted to a county, or municipality, or
7  township for the placement, installation, or operation of an
8  automated traffic law enforcement system if any official or
9  employee who serves that county, or municipality, or township
10  is charged with bribery, official misconduct, or a similar
11  crime related to the placement, installation, or operation of
12  the automated traffic law enforcement system in the county, or
13  municipality, or township.
14  The Department shall adopt any rules necessary to
15  implement and administer this subsection. The rules adopted by
16  the Department shall describe the revocation process, shall
17  ensure that notice of the revocation is provided, and shall
18  provide an opportunity to appeal the revocation. Any county,
19  or municipality, or township that has a permit, approval, or
20  other authorization revoked under this subsection may not
21  reapply for such a permit, approval, or other authorization
22  for a period of one 1 year after the revocation.
23  (s) If an automated traffic law enforcement system is
24  removed or rendered inoperable due to construction, then the
25  Department shall authorize the reinstallation or use of the
26  automated traffic law enforcement system within 30 days after

 

 

  SB3662 - 35 - LRB103 39483 SPS 69678 b


SB3662- 36 -LRB103 39483 SPS 69678 b   SB3662 - 36 - LRB103 39483 SPS 69678 b
  SB3662 - 36 - LRB103 39483 SPS 69678 b
1  the construction is complete.
2  (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
3  103-154, eff. 6-30-23; 103-364, eff. 7-28-23; revised
4  1-30-24.)
5  (625 ILCS 5/11-208.8)
6  Sec. 11-208.8. Automated speed enforcement systems in
7  safety zones.
8  (a) As used in this Section:
9  "Automated speed enforcement system" means a photographic
10  device, radar device, laser device, or other electrical or
11  mechanical device or devices installed or utilized in a safety
12  zone and designed to record the speed of a vehicle and obtain a
13  clear photograph or other recorded image of the vehicle and
14  the vehicle's registration plate or digital registration plate
15  while the driver is violating Article VI of Chapter 11 of this
16  Code or a similar provision of a local ordinance.
17  An automated speed enforcement system is a system, located
18  in a safety zone which is under the jurisdiction of a township
19  or municipality, that produces a recorded image of a motor
20  vehicle's violation of a provision of this Code or a local
21  ordinance and is designed to obtain a clear recorded image of
22  the vehicle and the vehicle's license plate. The recorded
23  image must also display the time, date, and location of the
24  violation.
25  "Owner" means the person or entity to whom the vehicle is

 

 

  SB3662 - 36 - LRB103 39483 SPS 69678 b


SB3662- 37 -LRB103 39483 SPS 69678 b   SB3662 - 37 - LRB103 39483 SPS 69678 b
  SB3662 - 37 - LRB103 39483 SPS 69678 b
1  registered.
2  "Recorded image" means images recorded by an automated
3  speed enforcement system on:
4  (1) 2 or more photographs;
5  (2) 2 or more microphotographs;
6  (3) 2 or more electronic images; or
7  (4) a video recording showing the motor vehicle and,
8  on at least one image or portion of the recording, clearly
9  identifying the registration plate or digital registration
10  plate number of the motor vehicle.
11  "Safety zone" means an area that is within one-eighth of a
12  mile from the nearest property line of any public or private
13  elementary or secondary school, or from the nearest property
14  line of any facility, area, or land owned by a school district
15  that is used for educational purposes approved by the Illinois
16  State Board of Education, not including school district
17  headquarters or administrative buildings. A safety zone also
18  includes an area that is within one-eighth of a mile from the
19  nearest property line of any facility, area, or land owned by a
20  park district used for recreational purposes. However, if any
21  portion of a roadway is within either one-eighth mile radius,
22  the safety zone also shall include the roadway extended to the
23  furthest portion of the next furthest intersection. The term
24  "safety zone" does not include any portion of the roadway
25  known as Lake Shore Drive or any controlled access highway
26  with 8 or more lanes of traffic.

 

 

  SB3662 - 37 - LRB103 39483 SPS 69678 b


SB3662- 38 -LRB103 39483 SPS 69678 b   SB3662 - 38 - LRB103 39483 SPS 69678 b
  SB3662 - 38 - LRB103 39483 SPS 69678 b
1  (a-5) The automated speed enforcement system shall be
2  operational and violations shall be recorded only at the
3  following times:
4  (i) if the safety zone is based upon the property line
5  of any facility, area, or land owned by a school district,
6  only on school days and no earlier than 6 a.m. and no later
7  than 8:30 p.m. if the school day is during the period of
8  Monday through Thursday, or 9 p.m. if the school day is a
9  Friday; and
10  (ii) if the safety zone is based upon the property
11  line of any facility, area, or land owned by a park
12  district, no earlier than one hour prior to the time that
13  the facility, area, or land is open to the public or other
14  patrons, and no later than one hour after the facility,
15  area, or land is closed to the public or other patrons.
16  (b) A township or municipality that produces a recorded
17  image of a motor vehicle's violation of a provision of this
18  Code or a local ordinance must make the recorded images of a
19  violation accessible to the alleged violator by providing the
20  alleged violator with a website address, accessible through
21  the Internet.
22  (c) Notwithstanding any penalties for any other violations
23  of this Code, the owner of a motor vehicle used in a traffic
24  violation recorded by an automated speed enforcement system
25  shall be subject to the following penalties:
26  (1) if the recorded speed is no less than 6 miles per

 

 

  SB3662 - 38 - LRB103 39483 SPS 69678 b


SB3662- 39 -LRB103 39483 SPS 69678 b   SB3662 - 39 - LRB103 39483 SPS 69678 b
  SB3662 - 39 - LRB103 39483 SPS 69678 b
1  hour and no more than 10 miles per hour over the legal
2  speed limit, a civil penalty not exceeding $50, plus an
3  additional penalty of not more than $50 for failure to pay
4  the original penalty in a timely manner; or
5  (2) if the recorded speed is more than 10 miles per
6  hour over the legal speed limit, a civil penalty not
7  exceeding $100, plus an additional penalty of not more
8  than $100 for failure to pay the original penalty in a
9  timely manner.
10  A penalty may not be imposed under this Section if the
11  driver of the motor vehicle received a Uniform Traffic
12  Citation from a police officer for a speeding violation
13  occurring within one-eighth of a mile and 15 minutes of the
14  violation that was recorded by the system. A violation for
15  which a civil penalty is imposed under this Section is not a
16  violation of a traffic regulation governing the movement of
17  vehicles and may not be recorded on the driving record of the
18  owner of the vehicle. A law enforcement officer is not
19  required to be present or to witness the violation. No penalty
20  may be imposed under this Section if the recorded speed of a
21  vehicle is 5 miles per hour or less over the legal speed limit.
22  The township or municipality may send, in the same manner that
23  notices are sent under this Section, a speed violation warning
24  notice where the violation involves a speed of 5 miles per hour
25  or less above the legal speed limit.
26  (d) The net proceeds that a township or municipality

 

 

  SB3662 - 39 - LRB103 39483 SPS 69678 b


SB3662- 40 -LRB103 39483 SPS 69678 b   SB3662 - 40 - LRB103 39483 SPS 69678 b
  SB3662 - 40 - LRB103 39483 SPS 69678 b
1  receives from civil penalties imposed under an automated speed
2  enforcement system, after deducting all non-personnel and
3  personnel costs associated with the operation and maintenance
4  of such system, shall be expended or obligated by the township
5  or municipality for the following purposes:
6  (i) public safety initiatives to ensure safe passage
7  around schools, and to provide police protection and
8  surveillance around schools and parks, including but not
9  limited to: (1) personnel costs; and (2) non-personnel
10  costs such as construction and maintenance of public
11  safety infrastructure and equipment;
12  (ii) initiatives to improve pedestrian and traffic
13  safety;
14  (iii) construction and maintenance of infrastructure
15  within the township or municipality, including but not
16  limited to roads and bridges; and
17  (iv) after school programs.
18  (e) For each violation of a provision of this Code or a
19  local ordinance recorded by an automated speed enforcement
20  system, the township or municipality having jurisdiction shall
21  issue a written notice of the violation to the registered
22  owner of the vehicle as the alleged violator. The notice shall
23  be delivered to the registered owner of the vehicle, by mail,
24  within 30 days after the Secretary of State notifies the
25  township or municipality of the identity of the owner of the
26  vehicle, but in no event later than 90 days after the

 

 

  SB3662 - 40 - LRB103 39483 SPS 69678 b


SB3662- 41 -LRB103 39483 SPS 69678 b   SB3662 - 41 - LRB103 39483 SPS 69678 b
  SB3662 - 41 - LRB103 39483 SPS 69678 b
1  violation.
2  (f) The notice required under subsection (e) of this
3  Section shall include:
4  (1) the name and address of the registered owner of
5  the vehicle;
6  (2) the registration number of the motor vehicle
7  involved in the violation;
8  (3) the violation charged;
9  (4) the date, time, and location where the violation
10  occurred;
11  (5) a copy of the recorded image or images;
12  (6) the amount of the civil penalty imposed and the
13  date by which the civil penalty should be paid;
14  (7) a statement that recorded images are evidence of a
15  violation of a speed restriction;
16  (8) a warning that failure to pay the civil penalty or
17  to contest liability in a timely manner is an admission of
18  liability;
19  (9) a statement that the person may elect to proceed
20  by:
21  (A) paying the fine; or
22  (B) challenging the charge in court, by mail, or
23  by administrative hearing; and
24  (10) a website address, accessible through the
25  Internet, where the person may view the recorded images of
26  the violation.

 

 

  SB3662 - 41 - LRB103 39483 SPS 69678 b


SB3662- 42 -LRB103 39483 SPS 69678 b   SB3662 - 42 - LRB103 39483 SPS 69678 b
  SB3662 - 42 - LRB103 39483 SPS 69678 b
1  (g) (Blank).
2  (h) Based on inspection of recorded images produced by an
3  automated speed enforcement system, a notice alleging that the
4  violation occurred shall be evidence of the facts contained in
5  the notice and admissible in any proceeding alleging a
6  violation under this Section.
7  (i) Recorded images made by an automated speed enforcement
8  system are confidential and shall be made available only to
9  the alleged violator and governmental and law enforcement
10  agencies for purposes of adjudicating a violation of this
11  Section, for statistical purposes, or for other governmental
12  purposes. Any recorded image evidencing a violation of this
13  Section, however, may be admissible in any proceeding
14  resulting from the issuance of the citation.
15  (j) The court or hearing officer may consider in defense
16  of a violation:
17  (1) that the motor vehicle or registration plates or
18  digital registration plates of the motor vehicle were
19  stolen before the violation occurred and not under the
20  control or in the possession of the owner or lessee at the
21  time of the violation;
22  (1.5) that the motor vehicle was hijacked before the
23  violation occurred and not under the control of or in the
24  possession of the owner or lessee at the time of the
25  violation;
26  (2) that the driver of the motor vehicle received a

 

 

  SB3662 - 42 - LRB103 39483 SPS 69678 b


SB3662- 43 -LRB103 39483 SPS 69678 b   SB3662 - 43 - LRB103 39483 SPS 69678 b
  SB3662 - 43 - LRB103 39483 SPS 69678 b
1  Uniform Traffic Citation from a police officer for a
2  speeding violation occurring within one-eighth of a mile
3  and 15 minutes of the violation that was recorded by the
4  system; and
5  (3) any other evidence or issues provided by township
6  or municipal ordinance.
7  (k) To demonstrate that the motor vehicle was hijacked or
8  the motor vehicle or registration plates or digital
9  registration plates were stolen before the violation occurred
10  and were not under the control or possession of the owner or
11  lessee at the time of the violation, the owner or lessee must
12  submit proof that a report concerning the motor vehicle or
13  registration plates was filed with a law enforcement agency in
14  a timely manner.
15  (l) A roadway equipped with an automated speed enforcement
16  system shall be posted with a sign conforming to the national
17  Manual on Uniform Traffic Control Devices that is visible to
18  approaching traffic stating that vehicle speeds are being
19  photo-enforced and indicating the speed limit. The township or
20  municipality shall install such additional signage as it
21  determines is necessary to give reasonable notice to drivers
22  as to where automated speed enforcement systems are installed.
23  (m) A roadway where a new automated speed enforcement
24  system is installed shall be posted with signs providing 30
25  days notice of the use of a new automated speed enforcement
26  system prior to the issuance of any citations through the

 

 

  SB3662 - 43 - LRB103 39483 SPS 69678 b


SB3662- 44 -LRB103 39483 SPS 69678 b   SB3662 - 44 - LRB103 39483 SPS 69678 b
  SB3662 - 44 - LRB103 39483 SPS 69678 b
1  automated speed enforcement system.
2  (n) The compensation paid for an automated speed
3  enforcement system must be based on the value of the equipment
4  or the services provided and may not be based on the number of
5  traffic citations issued or the revenue generated by the
6  system.
7  (n-1) No member of the General Assembly and no officer or
8  employee of a township, municipality, or county shall
9  knowingly accept employment or receive compensation or fees
10  for services from a vendor that provides automated speed
11  enforcement system equipment or services to townships,
12  municipalities, or counties. No former member of the General
13  Assembly shall, within a period of 2 years immediately after
14  the termination of service as a member of the General
15  Assembly, knowingly accept employment or receive compensation
16  or fees for services from a vendor that provides automated
17  speed enforcement system equipment or services to townships,
18  municipalities, or counties. No former officer or employee of
19  a township, municipality, or county shall, within a period of
20  2 years immediately after the termination of township,
21  municipal, or county employment, knowingly accept employment
22  or receive compensation or fees for services from a vendor
23  that provides automated speed enforcement system equipment or
24  services to townships, municipalities, or counties.
25  (o) (Blank).
26  (p) No person who is the lessor of a motor vehicle pursuant

 

 

  SB3662 - 44 - LRB103 39483 SPS 69678 b


SB3662- 45 -LRB103 39483 SPS 69678 b   SB3662 - 45 - LRB103 39483 SPS 69678 b
  SB3662 - 45 - LRB103 39483 SPS 69678 b
1  to a written lease agreement shall be liable for an automated
2  speed or traffic law enforcement system violation involving
3  such motor vehicle during the period of the lease; provided
4  that upon the request of the appropriate authority received
5  within 120 days after the violation occurred, the lessor
6  provides within 60 days after such receipt the name and
7  address of the lessee. The drivers license number of a lessee
8  may be subsequently individually requested by the appropriate
9  authority if needed for enforcement of this Section.
10  Upon the provision of information by the lessor pursuant
11  to this subsection, the township or municipality may issue the
12  violation to the lessee of the vehicle in the same manner as it
13  would issue a violation to a registered owner of a vehicle
14  pursuant to this Section, and the lessee may be held liable for
15  the violation.
16  (q) A township or municipality using an automated speed
17  enforcement system must provide notice to drivers by
18  publishing the locations of all safety zones where system
19  equipment is installed on the website of the township or
20  municipality.
21  (r) A township or municipality operating an automated
22  speed enforcement system shall conduct a statistical analysis
23  to assess the safety impact of the system following
24  installation of the system and every 2 years thereafter. A
25  township or municipality operating an automated speed
26  enforcement system before the effective date of this

 

 

  SB3662 - 45 - LRB103 39483 SPS 69678 b


SB3662- 46 -LRB103 39483 SPS 69678 b   SB3662 - 46 - LRB103 39483 SPS 69678 b
  SB3662 - 46 - LRB103 39483 SPS 69678 b
1  amendatory Act of the 103rd General Assembly shall conduct a
2  statistical analysis to assess the safety impact of the system
3  by no later than one year after the effective date of this
4  amendatory Act of the 103rd General Assembly and every 2 years
5  thereafter. Each statistical analysis shall be based upon the
6  best available crash, traffic, and other data, and shall cover
7  a period of time before and after installation of the system
8  sufficient to provide a statistically valid comparison of
9  safety impact. Each statistical analysis shall be consistent
10  with professional judgment and acceptable industry practice.
11  Each statistical analysis also shall be consistent with the
12  data required for valid comparisons of before and after
13  conditions and shall be conducted within a reasonable period
14  following the installation of the automated traffic law
15  enforcement system. Each statistical analysis required by this
16  subsection shall be made available to the public and shall be
17  published on the website of the township or municipality.
18  (s) (Blank). This Section applies only to municipalities
19  with a population of 1,000,000 or more inhabitants.
20  (t) If a county, or municipality, or township selects a
21  new vendor for its automated speed enforcement system and
22  must, as a consequence, apply for a permit, approval, or other
23  authorization from the Department for reinstallation of one or
24  more malfunctioning components of that system and if, at the
25  time of the application for the permit, approval, or other
26  authorization, the new vendor operates an automated speed

 

 

  SB3662 - 46 - LRB103 39483 SPS 69678 b


SB3662- 47 -LRB103 39483 SPS 69678 b   SB3662 - 47 - LRB103 39483 SPS 69678 b
  SB3662 - 47 - LRB103 39483 SPS 69678 b
1  enforcement system for any other county, or municipality, or
2  township in the State, then the Department shall approve or
3  deny the county, municipality, or township's or municipality's
4  application for the permit, approval, or other authorization
5  within 90 days after its receipt.
6  (u) The Department may revoke any permit, approval, or
7  other authorization granted to a county, or municipality , or
8  township for the placement, installation, or operation of an
9  automated speed enforcement system if any official or employee
10  who serves that county, or municipality, or township is
11  charged with bribery, official misconduct, or a similar crime
12  related to the placement, installation, or operation of the
13  automated speed enforcement system in the county, or
14  municipality, or township.
15  The Department shall adopt any rules necessary to
16  implement and administer this subsection. The rules adopted by
17  the Department shall describe the revocation process, shall
18  ensure that notice of the revocation is provided, and shall
19  provide an opportunity to appeal the revocation. Any county,
20  or municipality, or township that has a permit, approval, or
21  other authorization revoked under this subsection may not
22  reapply for such a permit, approval, or other authorization
23  for a period of one 1 year after the revocation.
24  (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
25  (625 ILCS 5/11-208.9)

 

 

  SB3662 - 47 - LRB103 39483 SPS 69678 b


SB3662- 48 -LRB103 39483 SPS 69678 b   SB3662 - 48 - LRB103 39483 SPS 69678 b
  SB3662 - 48 - LRB103 39483 SPS 69678 b
1  Sec. 11-208.9. Automated traffic law enforcement system;
2  approaching, overtaking, and passing a school bus.
3  (a) As used in this Section, "automated traffic law
4  enforcement system" means a device with one or more motor
5  vehicle sensors working in conjunction with the visual signals
6  on a school bus, as specified in Sections 12-803 and 12-805 of
7  this Code, to produce recorded images of motor vehicles that
8  fail to stop before meeting or overtaking, from either
9  direction, any school bus stopped at any location for the
10  purpose of receiving or discharging pupils in violation of
11  Section 11-1414 of this Code or a similar provision of a local
12  ordinance.
13  An automated traffic law enforcement system is a system,
14  in a township, municipality, or county operated by a
15  governmental agency, that produces a recorded image of a motor
16  vehicle's violation of a provision of this Code or a local
17  ordinance and is designed to obtain a clear recorded image of
18  the vehicle and the vehicle's license plate. The recorded
19  image must also display the time, date, and location of the
20  violation.
21  (b) As used in this Section, "recorded images" means
22  images recorded by an automated traffic law enforcement system
23  on:
24  (1) 2 or more photographs;
25  (2) 2 or more microphotographs;
26  (3) 2 or more electronic images; or

 

 

  SB3662 - 48 - LRB103 39483 SPS 69678 b


SB3662- 49 -LRB103 39483 SPS 69678 b   SB3662 - 49 - LRB103 39483 SPS 69678 b
  SB3662 - 49 - LRB103 39483 SPS 69678 b
1  (4) a video recording showing the motor vehicle and,
2  on at least one image or portion of the recording, clearly
3  identifying the registration plate or digital registration
4  plate number of the motor vehicle.
5  (c) A township, municipality, or county that produces a
6  recorded image of a motor vehicle's violation of a provision
7  of this Code or a local ordinance must make the recorded images
8  of a violation accessible to the alleged violator by providing
9  the alleged violator with a website address, accessible
10  through the Internet.
11  (d) For each violation of a provision of this Code or a
12  local ordinance recorded by an automated traffic law
13  enforcement system, the township, county, or municipality
14  having jurisdiction shall issue a written notice of the
15  violation to the registered owner of the vehicle as the
16  alleged violator. The notice shall be delivered to the
17  registered owner of the vehicle, by mail, within 30 days after
18  the Secretary of State notifies the township, municipality, or
19  county of the identity of the owner of the vehicle, but in no
20  event later than 90 days after the violation.
21  (e) The notice required under subsection (d) shall
22  include:
23  (1) the name and address of the registered owner of
24  the vehicle;
25  (2) the registration number of the motor vehicle
26  involved in the violation;

 

 

  SB3662 - 49 - LRB103 39483 SPS 69678 b


SB3662- 50 -LRB103 39483 SPS 69678 b   SB3662 - 50 - LRB103 39483 SPS 69678 b
  SB3662 - 50 - LRB103 39483 SPS 69678 b
1  (3) the violation charged;
2  (4) the location where the violation occurred;
3  (5) the date and time of the violation;
4  (6) a copy of the recorded images;
5  (7) the amount of the civil penalty imposed and the
6  date by which the civil penalty should be paid;
7  (8) a statement that recorded images are evidence of a
8  violation of overtaking or passing a school bus stopped
9  for the purpose of receiving or discharging pupils;
10  (9) a warning that failure to pay the civil penalty or
11  to contest liability in a timely manner is an admission of
12  liability;
13  (10) a statement that the person may elect to proceed
14  by:
15  (A) paying the fine; or
16  (B) challenging the charge in court, by mail, or
17  by administrative hearing; and
18  (11) a website address, accessible through the
19  Internet, where the person may view the recorded images of
20  the violation.
21  (f) (Blank).
22  (g) Based on inspection of recorded images produced by an
23  automated traffic law enforcement system, a notice alleging
24  that the violation occurred shall be evidence of the facts
25  contained in the notice and admissible in any proceeding
26  alleging a violation under this Section.

 

 

  SB3662 - 50 - LRB103 39483 SPS 69678 b


SB3662- 51 -LRB103 39483 SPS 69678 b   SB3662 - 51 - LRB103 39483 SPS 69678 b
  SB3662 - 51 - LRB103 39483 SPS 69678 b
1  (h) Recorded images made by an automated traffic law
2  enforcement system are confidential and shall be made
3  available only to the alleged violator and governmental and
4  law enforcement agencies for purposes of adjudicating a
5  violation of this Section, for statistical purposes, or for
6  other governmental purposes. Any recorded image evidencing a
7  violation of this Section, however, may be admissible in any
8  proceeding resulting from the issuance of the citation.
9  (i) The court or hearing officer may consider in defense
10  of a violation:
11  (1) that the motor vehicle or registration plates or
12  digital registration plates of the motor vehicle were
13  stolen before the violation occurred and not under the
14  control of or in the possession of the owner or lessee at
15  the time of the violation;
16  (1.5) that the motor vehicle was hijacked before the
17  violation occurred and not under the control of or in the
18  possession of the owner or lessee at the time of the
19  violation;
20  (2) that the driver of the motor vehicle received a
21  Uniform Traffic Citation from a police officer for a
22  violation of Section 11-1414 of this Code within
23  one-eighth of a mile and 15 minutes of the violation that
24  was recorded by the system;
25  (3) that the visual signals required by Sections
26  12-803 and 12-805 of this Code were damaged, not

 

 

  SB3662 - 51 - LRB103 39483 SPS 69678 b


SB3662- 52 -LRB103 39483 SPS 69678 b   SB3662 - 52 - LRB103 39483 SPS 69678 b
  SB3662 - 52 - LRB103 39483 SPS 69678 b
1  activated, not present in violation of Sections 12-803 and
2  12-805, or inoperable; and
3  (4) any other evidence or issues provided by township,
4  municipal, or county ordinance.
5  (j) To demonstrate that the motor vehicle was hijacked or
6  the motor vehicle or registration plates or digital
7  registration plates were stolen before the violation occurred
8  and were not under the control or possession of the owner or
9  lessee at the time of the violation, the owner or lessee must
10  submit proof that a report concerning the motor vehicle or
11  registration plates was filed with a law enforcement agency in
12  a timely manner.
13  (k) Unless the driver of the motor vehicle received a
14  Uniform Traffic Citation from a police officer at the time of
15  the violation, the motor vehicle owner is subject to a civil
16  penalty not exceeding $150 for a first time violation or $500
17  for a second or subsequent violation, plus an additional
18  penalty of not more than $100 for failure to pay the original
19  penalty in a timely manner, if the motor vehicle is recorded by
20  an automated traffic law enforcement system. A violation for
21  which a civil penalty is imposed under this Section is not a
22  violation of a traffic regulation governing the movement of
23  vehicles and may not be recorded on the driving record of the
24  owner of the vehicle, but may be recorded by the township,
25  municipality, or county for the purpose of determining if a
26  person is subject to the higher fine for a second or subsequent

 

 

  SB3662 - 52 - LRB103 39483 SPS 69678 b


SB3662- 53 -LRB103 39483 SPS 69678 b   SB3662 - 53 - LRB103 39483 SPS 69678 b
  SB3662 - 53 - LRB103 39483 SPS 69678 b
1  offense.
2  (l) A school bus equipped with an automated traffic law
3  enforcement system must be posted with a sign indicating that
4  the school bus is being monitored by an automated traffic law
5  enforcement system.
6  (m) A township, municipality, or county that has one or
7  more school buses equipped with an automated traffic law
8  enforcement system must provide notice to drivers by posting a
9  list of school districts using school buses equipped with an
10  automated traffic law enforcement system on the township,
11  municipality, or county website. School districts that have
12  one or more school buses equipped with an automated traffic
13  law enforcement system must provide notice to drivers by
14  posting that information on their websites.
15  (n) A township, municipality, or county operating an
16  automated traffic law enforcement system shall conduct a
17  statistical analysis to assess the safety impact in each
18  school district using school buses equipped with an automated
19  traffic law enforcement system following installation of the
20  system and every 2 years thereafter. A township, municipality,
21  or county operating an automated speed enforcement system
22  before the effective date of this amendatory Act of the 103rd
23  General Assembly shall conduct a statistical analysis to
24  assess the safety impact of the system by no later than one
25  year after the effective date of this amendatory Act of the
26  103rd General Assembly and every 2 years thereafter. Each

 

 

  SB3662 - 53 - LRB103 39483 SPS 69678 b


SB3662- 54 -LRB103 39483 SPS 69678 b   SB3662 - 54 - LRB103 39483 SPS 69678 b
  SB3662 - 54 - LRB103 39483 SPS 69678 b
1  statistical analysis shall be based upon the best available
2  crash, traffic, and other data, and shall cover a period of
3  time before and after installation of the system sufficient to
4  provide a statistically valid comparison of safety impact.
5  Each statistical analysis shall be consistent with
6  professional judgment and acceptable industry practice. Each
7  statistical analysis also shall be consistent with the data
8  required for valid comparisons of before and after conditions
9  and shall be conducted within a reasonable period following
10  the installation of the automated traffic law enforcement
11  system. Each statistical analysis required by this subsection
12  shall be made available to the public and shall be published on
13  the website of the township, municipality, or county. If a
14  statistical analysis indicates that there has been an increase
15  in the rate of crashes at the approach to school buses
16  monitored by the system, the township, municipality, or county
17  shall undertake additional studies to determine the cause and
18  severity of the crashes, and may take any action that it
19  determines is necessary or appropriate to reduce the number or
20  severity of the crashes involving school buses equipped with
21  an automated traffic law enforcement system.
22  (o) The compensation paid for an automated traffic law
23  enforcement system must be based on the value of the equipment
24  or the services provided and may not be based on the number of
25  traffic citations issued or the revenue generated by the
26  system.

 

 

  SB3662 - 54 - LRB103 39483 SPS 69678 b


SB3662- 55 -LRB103 39483 SPS 69678 b   SB3662 - 55 - LRB103 39483 SPS 69678 b
  SB3662 - 55 - LRB103 39483 SPS 69678 b
1  (o-1) No member of the General Assembly and no officer or
2  employee of a township, municipality, or county shall
3  knowingly accept employment or receive compensation or fees
4  for services from a vendor that provides automated traffic law
5  enforcement system equipment or services to townships,
6  municipalities, or counties. No former member of the General
7  Assembly shall, within a period of 2 years immediately after
8  the termination of service as a member of the General
9  Assembly, knowingly accept employment or receive compensation
10  or fees for services from a vendor that provides automated
11  traffic law enforcement system equipment or services to
12  townships, municipalities, or counties. No former officer or
13  employee of a township, municipality, or county shall, within
14  a period of 2 years immediately after the termination of
15  township, municipal, or county employment, knowingly accept
16  employment or receive compensation or fees for services from a
17  vendor that provides automated traffic law enforcement system
18  equipment or services to townships, municipalities, or
19  counties.
20  (p) No person who is the lessor of a motor vehicle pursuant
21  to a written lease agreement shall be liable for an automated
22  speed or traffic law enforcement system violation involving
23  such motor vehicle during the period of the lease; provided
24  that upon the request of the appropriate authority received
25  within 120 days after the violation occurred, the lessor
26  provides within 60 days after such receipt the name and

 

 

  SB3662 - 55 - LRB103 39483 SPS 69678 b


SB3662- 56 -LRB103 39483 SPS 69678 b   SB3662 - 56 - LRB103 39483 SPS 69678 b
  SB3662 - 56 - LRB103 39483 SPS 69678 b
1  address of the lessee.
2  Upon the provision of information by the lessor pursuant
3  to this subsection, the county, or municipality, or township
4  may issue the violation to the lessee of the vehicle in the
5  same manner as it would issue a violation to a registered owner
6  of a vehicle pursuant to this Section, and the lessee may be
7  held liable for the violation.
8  (q) (Blank).
9  (r) After a township, municipality, or county enacts an
10  ordinance providing for automated traffic law enforcement
11  systems under this Section, each school district within that
12  township, municipality, or county's jurisdiction may implement
13  an automated traffic law enforcement system under this
14  Section. The elected school board for that district must
15  approve the implementation of an automated traffic law
16  enforcement system. The school district shall be responsible
17  for entering into a contract, approved by the elected school
18  board of that district, with vendors for the installation,
19  maintenance, and operation of the automated traffic law
20  enforcement system. The school district must enter into an
21  intergovernmental agreement, approved by the elected school
22  board of that district, with the township, municipality, or
23  county with jurisdiction over that school district for the
24  administration of the automated traffic law enforcement
25  system. The proceeds from a school district's automated
26  traffic law enforcement system's fines shall be divided

 

 

  SB3662 - 56 - LRB103 39483 SPS 69678 b


SB3662- 57 -LRB103 39483 SPS 69678 b   SB3662 - 57 - LRB103 39483 SPS 69678 b
  SB3662 - 57 - LRB103 39483 SPS 69678 b
1  equally between the school district and the township,
2  municipality, or county administering the automated traffic
3  law enforcement system.
4  (s) If a county, or municipality, or township changes the
5  vendor it uses for its automated traffic law enforcement
6  system and must, as a consequence, apply for a permit,
7  approval, or other authorization from the Department for
8  reinstallation of one or more malfunctioning components of
9  that system and if, at the time of the application, the new
10  vendor operates an automated traffic law enforcement system
11  for any other county, or municipality, or township in the
12  State, then the Department shall approve or deny the county,
13  municipality, or township's or municipality's application for
14  that permit, approval, or other authorization within 90 days
15  after its receipt.
16  (t) The Department may revoke any permit, approval, or
17  other authorization granted to a county, or municipality, or
18  township for the placement, installation, or operation of an
19  automated traffic law enforcement system if any official or
20  employee who serves that county, or municipality, or township
21  is charged with bribery, official misconduct, or a similar
22  crime related to the placement, installation, or operation of
23  the automated traffic law enforcement system in the county, or
24  municipality , or township.
25  The Department shall adopt any rules necessary to
26  implement and administer this subsection. The rules adopted by

 

 

  SB3662 - 57 - LRB103 39483 SPS 69678 b


SB3662- 58 -LRB103 39483 SPS 69678 b   SB3662 - 58 - LRB103 39483 SPS 69678 b
  SB3662 - 58 - LRB103 39483 SPS 69678 b
1  the Department shall describe the revocation process, shall
2  ensure that notice of the revocation is provided, and shall
3  provide an opportunity to appeal the revocation. Any county,
4  or municipality, or township that has a permit, approval, or
5  other authorization revoked under this subsection may not
6  reapply for such a permit, approval, or other authorization
7  for a period of one 1 year after the revocation.
8  (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
9  103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
10  (625 ILCS 5/11-1201.1)
11  Sec. 11-1201.1. Automated railroad crossing enforcement
12  system.
13  (a) For the purposes of this Section, an automated
14  railroad grade crossing enforcement system is a system in a
15  township, municipality, or county operated by a governmental
16  agency that produces a recorded image of a motor vehicle's
17  violation of a provision of this Code or local ordinance and is
18  designed to obtain a clear recorded image of the vehicle and
19  vehicle's license plate. The recorded image must also display
20  the time, date, and location of the violation.
21  As used in this Section, "recorded images" means images
22  recorded by an automated railroad grade crossing enforcement
23  system on:
24  (1) 2 or more photographs;
25  (2) 2 or more microphotographs;

 

 

  SB3662 - 58 - LRB103 39483 SPS 69678 b


SB3662- 59 -LRB103 39483 SPS 69678 b   SB3662 - 59 - LRB103 39483 SPS 69678 b
  SB3662 - 59 - LRB103 39483 SPS 69678 b
1  (3) 2 or more electronic images; or
2  (4) a video recording showing the motor vehicle and,
3  on at least one image or portion of the recording, clearly
4  identifying the registration plate or digital registration
5  plate number of the motor vehicle.
6  (b) The Illinois Commerce Commission may, in cooperation
7  with a local law enforcement agency, establish in any county,
8  or municipality, or township an automated railroad grade
9  crossing enforcement system at any railroad grade crossing
10  equipped with a crossing gate designated by local authorities.
11  Local authorities desiring the establishment of an automated
12  railroad crossing enforcement system must initiate the process
13  by enacting a local ordinance requesting the creation of such
14  a system. After the ordinance has been enacted, and before any
15  additional steps toward the establishment of the system are
16  undertaken, the local authorities and the Commission must
17  agree to a plan for obtaining, from any combination of
18  federal, State, and local funding sources, the moneys required
19  for the purchase and installation of any necessary equipment.
20  (b-1) (Blank).
21  (c) For each violation of Section 11-1201 of this Code or a
22  local ordinance recorded by an automated railroad grade
23  crossing enforcement system, the county, or municipality, or
24  township having jurisdiction shall issue a written notice of
25  the violation to the registered owner of the vehicle as the
26  alleged violator. The notice shall be delivered to the

 

 

  SB3662 - 59 - LRB103 39483 SPS 69678 b


SB3662- 60 -LRB103 39483 SPS 69678 b   SB3662 - 60 - LRB103 39483 SPS 69678 b
  SB3662 - 60 - LRB103 39483 SPS 69678 b
1  registered owner of the vehicle, by mail, no later than 90 days
2  after the violation.
3  The notice shall include:
4  (1) the name and address of the registered owner of
5  the vehicle;
6  (2) the registration number of the motor vehicle
7  involved in the violation;
8  (3) the violation charged;
9  (4) the location where the violation occurred;
10  (5) the date and time of the violation;
11  (6) a copy of the recorded images;
12  (7) the amount of the civil penalty imposed and the
13  date by which the civil penalty should be paid;
14  (8) a statement that recorded images are evidence of a
15  violation of a railroad grade crossing;
16  (9) a warning that failure to pay the civil penalty or
17  to contest liability in a timely manner is an admission of
18  liability; and
19  (10) a statement that the person may elect to proceed
20  by:
21  (A) paying the fine; or
22  (B) challenging the charge in court, by mail, or
23  by administrative hearing.
24  (d) (Blank).
25  (d-1) (Blank).
26  (d-2) (Blank).

 

 

  SB3662 - 60 - LRB103 39483 SPS 69678 b


SB3662- 61 -LRB103 39483 SPS 69678 b   SB3662 - 61 - LRB103 39483 SPS 69678 b
  SB3662 - 61 - LRB103 39483 SPS 69678 b
1  (e) Based on inspection of recorded images produced by an
2  automated railroad grade crossing enforcement system, a notice
3  alleging that the violation occurred shall be evidence of the
4  facts contained in the notice and admissible in any proceeding
5  alleging a violation under this Section.
6  (e-1) Recorded images made by an automated railroad grade
7  crossing enforcement system are confidential and shall be made
8  available only to the alleged violator and governmental and
9  law enforcement agencies for purposes of adjudicating a
10  violation of this Section, for statistical purposes, or for
11  other governmental purposes. Any recorded image evidencing a
12  violation of this Section, however, may be admissible in any
13  proceeding resulting from the issuance of the citation.
14  (e-2) The court or hearing officer may consider the
15  following in the defense of a violation:
16  (1) that the motor vehicle or registration plates or
17  digital registration plates of the motor vehicle were
18  stolen before the violation occurred and not under the
19  control of or in the possession of the owner or lessee at
20  the time of the violation;
21  (1.5) that the motor vehicle was hijacked before the
22  violation occurred and not under the control of or in the
23  possession of the owner or lessee at the time of the
24  violation;
25  (2) that the driver of the motor vehicle received a
26  Uniform Traffic Citation from a police officer at the time

 

 

  SB3662 - 61 - LRB103 39483 SPS 69678 b


SB3662- 62 -LRB103 39483 SPS 69678 b   SB3662 - 62 - LRB103 39483 SPS 69678 b
  SB3662 - 62 - LRB103 39483 SPS 69678 b
1  of the violation for the same offense;
2  (3) any other evidence or issues provided by township,
3  municipal, or county ordinance.
4  (e-3) To demonstrate that the motor vehicle was hijacked
5  or the motor vehicle or registration plates or digital
6  registration plates were stolen before the violation occurred
7  and were not under the control or possession of the owner or
8  lessee at the time of the violation, the owner or lessee must
9  submit proof that a report concerning the motor vehicle or
10  registration plates was filed with a law enforcement agency in
11  a timely manner.
12  (f) Rail crossings equipped with an automatic railroad
13  grade crossing enforcement system shall be posted with a sign
14  visible to approaching traffic stating that the railroad grade
15  crossing is being monitored, that citations will be issued,
16  and the amount of the fine for violation.
17  (g) The compensation paid for an automated railroad grade
18  crossing enforcement system must be based on the value of the
19  equipment or the services provided and may not be based on the
20  number of citations issued or the revenue generated by the
21  system.
22  (h) (Blank).
23  (i) If any part or parts of this Section are held by a
24  court of competent jurisdiction to be unconstitutional, the
25  unconstitutionality shall not affect the validity of the
26  remaining parts of this Section. The General Assembly hereby

 

 

  SB3662 - 62 - LRB103 39483 SPS 69678 b


SB3662- 63 -LRB103 39483 SPS 69678 b   SB3662 - 63 - LRB103 39483 SPS 69678 b
  SB3662 - 63 - LRB103 39483 SPS 69678 b

 

 

  SB3662 - 63 - LRB103 39483 SPS 69678 b