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Illinois House Bill HB1389

Illinois 2025-2026 Regular Session

Illinois House Bill HB1389 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1389 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.8 Amends the Illinois Vehicle Code. Expands the provisions regarding automated speed enforcement systems in safety zones to include municipalities in the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will (instead of just the City of Chicago). Provides that the net proceeds a municipality receives from civil penalties imposed under an automated speed enforcement system shall be expended or obligated by the municipality for, among other purposes, the remission of $5 from each civil penalty to the State Treasurer for deposit into the General Revenue Fund, which shall be remitted to the State Treasurer as determined by the State Treasurer. Provides that if an automated speed enforcement system is removed or rendered inoperable due to construction, then the Department of Transportation shall authorize the reinstallation or use of the automated speed enforcement system within 30 days after the construction is complete. LRB104 05896 LNS 15927 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1389 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.8 625 ILCS 5/11-208.8 Amends the Illinois Vehicle Code. Expands the provisions regarding automated speed enforcement systems in safety zones to include municipalities in the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will (instead of just the City of Chicago). Provides that the net proceeds a municipality receives from civil penalties imposed under an automated speed enforcement system shall be expended or obligated by the municipality for, among other purposes, the remission of $5 from each civil penalty to the State Treasurer for deposit into the General Revenue Fund, which shall be remitted to the State Treasurer as determined by the State Treasurer. Provides that if an automated speed enforcement system is removed or rendered inoperable due to construction, then the Department of Transportation shall authorize the reinstallation or use of the automated speed enforcement system within 30 days after the construction is complete. LRB104 05896 LNS 15927 b LRB104 05896 LNS 15927 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1389 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/11-208.8 625 ILCS 5/11-208.8
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55 Amends the Illinois Vehicle Code. Expands the provisions regarding automated speed enforcement systems in safety zones to include municipalities in the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will (instead of just the City of Chicago). Provides that the net proceeds a municipality receives from civil penalties imposed under an automated speed enforcement system shall be expended or obligated by the municipality for, among other purposes, the remission of $5 from each civil penalty to the State Treasurer for deposit into the General Revenue Fund, which shall be remitted to the State Treasurer as determined by the State Treasurer. Provides that if an automated speed enforcement system is removed or rendered inoperable due to construction, then the Department of Transportation shall authorize the reinstallation or use of the automated speed enforcement system within 30 days after the construction is complete.
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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Vehicle Code is amended by
1515 5 changing Section 11-208.8 as follows:
1616 6 (625 ILCS 5/11-208.8)
1717 7 Sec. 11-208.8. Automated speed enforcement systems in
1818 8 safety zones.
1919 9 (a) As used in this Section:
2020 10 "Automated speed enforcement system" means a photographic
2121 11 device, radar device, laser device, or other electrical or
2222 12 mechanical device or devices installed or utilized in a safety
2323 13 zone and designed to record the speed of a vehicle and obtain a
2424 14 clear photograph or other recorded image of the vehicle and
2525 15 the vehicle's registration plate or digital registration plate
2626 16 while the driver is violating Article VI of Chapter 11 of this
2727 17 Code or a similar provision of a local ordinance.
2828 18 An automated speed enforcement system is a system, located
2929 19 in a safety zone which is under the jurisdiction of a
3030 20 municipality, that produces a recorded image of a motor
3131 21 vehicle's violation of a provision of this Code or a local
3232 22 ordinance and is designed to obtain a clear recorded image of
3333 23 the vehicle and the vehicle's license plate. The recorded
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1389 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/11-208.8 625 ILCS 5/11-208.8
3939 625 ILCS 5/11-208.8
4040 Amends the Illinois Vehicle Code. Expands the provisions regarding automated speed enforcement systems in safety zones to include municipalities in the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will (instead of just the City of Chicago). Provides that the net proceeds a municipality receives from civil penalties imposed under an automated speed enforcement system shall be expended or obligated by the municipality for, among other purposes, the remission of $5 from each civil penalty to the State Treasurer for deposit into the General Revenue Fund, which shall be remitted to the State Treasurer as determined by the State Treasurer. Provides that if an automated speed enforcement system is removed or rendered inoperable due to construction, then the Department of Transportation shall authorize the reinstallation or use of the automated speed enforcement system within 30 days after the construction is complete.
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6868 1 image must also display the time, date, and location of the
6969 2 violation.
7070 3 "Owner" means the person or entity to whom the vehicle is
7171 4 registered.
7272 5 "Recorded image" means images recorded by an automated
7373 6 speed enforcement system on:
7474 7 (1) 2 or more photographs;
7575 8 (2) 2 or more microphotographs;
7676 9 (3) 2 or more electronic images; or
7777 10 (4) a video recording showing the motor vehicle and,
7878 11 on at least one image or portion of the recording, clearly
7979 12 identifying the registration plate or digital registration
8080 13 plate number of the motor vehicle.
8181 14 "Safety zone" means an area that is within one-eighth of a
8282 15 mile from the nearest property line of any public or private
8383 16 elementary or secondary school, or from the nearest property
8484 17 line of any facility, area, or land owned by a school district
8585 18 that is used for educational purposes approved by the Illinois
8686 19 State Board of Education, not including school district
8787 20 headquarters or administrative buildings. A safety zone also
8888 21 includes an area that is within one-eighth of a mile from the
8989 22 nearest property line of any facility, area, or land owned by a
9090 23 park district used for recreational purposes. However, if any
9191 24 portion of a roadway is within either one-eighth mile radius,
9292 25 the safety zone also shall include the roadway extended to the
9393 26 furthest portion of the next furthest intersection. The term
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104104 1 "safety zone" does not include any portion of the roadway
105105 2 known as Lake Shore Drive or any controlled access highway
106106 3 with 8 or more lanes of traffic.
107107 4 (a-5) The automated speed enforcement system shall be
108108 5 operational and violations shall be recorded only at the
109109 6 following times:
110110 7 (i) if the safety zone is based upon the property line
111111 8 of any facility, area, or land owned by a school district,
112112 9 only on school days and no earlier than 6 a.m. and no later
113113 10 than 8:30 p.m. if the school day is during the period of
114114 11 Monday through Thursday, or 9 p.m. if the school day is a
115115 12 Friday; and
116116 13 (ii) if the safety zone is based upon the property
117117 14 line of any facility, area, or land owned by a park
118118 15 district, no earlier than one hour prior to the time that
119119 16 the facility, area, or land is open to the public or other
120120 17 patrons, and no later than one hour after the facility,
121121 18 area, or land is closed to the public or other patrons.
122122 19 (b) A municipality that produces a recorded image of a
123123 20 motor vehicle's violation of a provision of this Code or a
124124 21 local ordinance must make the recorded images of a violation
125125 22 accessible to the alleged violator by providing the alleged
126126 23 violator with a website address, accessible through the
127127 24 Internet.
128128 25 (c) Notwithstanding any penalties for any other violations
129129 26 of this Code, the owner of a motor vehicle used in a traffic
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140140 1 violation recorded by an automated speed enforcement system
141141 2 shall be subject to the following penalties:
142142 3 (1) if the recorded speed is no less than 6 miles per
143143 4 hour and no more than 10 miles per hour over the legal
144144 5 speed limit, a civil penalty not exceeding $50, plus an
145145 6 additional penalty of not more than $50 for failure to pay
146146 7 the original penalty in a timely manner; or
147147 8 (2) if the recorded speed is more than 10 miles per
148148 9 hour over the legal speed limit, a civil penalty not
149149 10 exceeding $100, plus an additional penalty of not more
150150 11 than $100 for failure to pay the original penalty in a
151151 12 timely manner.
152152 13 A penalty may not be imposed under this Section if the
153153 14 driver of the motor vehicle received a Uniform Traffic
154154 15 Citation from a police officer for a speeding violation
155155 16 occurring within one-eighth of a mile and 15 minutes of the
156156 17 violation that was recorded by the system. A violation for
157157 18 which a civil penalty is imposed under this Section is not a
158158 19 violation of a traffic regulation governing the movement of
159159 20 vehicles and may not be recorded on the driving record of the
160160 21 owner of the vehicle. A law enforcement officer is not
161161 22 required to be present or to witness the violation. No penalty
162162 23 may be imposed under this Section if the recorded speed of a
163163 24 vehicle is 5 miles per hour or less over the legal speed limit.
164164 25 The municipality may send, in the same manner that notices are
165165 26 sent under this Section, a speed violation warning notice
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176176 1 where the violation involves a speed of 5 miles per hour or
177177 2 less above the legal speed limit.
178178 3 (d) The net proceeds that a municipality receives from
179179 4 civil penalties imposed under an automated speed enforcement
180180 5 system, after deducting all non-personnel and personnel costs
181181 6 associated with the operation and maintenance of such system,
182182 7 shall be expended or obligated by the municipality for the
183183 8 following purposes:
184184 9 (i) public safety initiatives to ensure safe passage
185185 10 around schools, and to provide police protection and
186186 11 surveillance around schools and parks, including but not
187187 12 limited to: (1) personnel costs; and (2) non-personnel
188188 13 costs such as construction and maintenance of public
189189 14 safety infrastructure and equipment;
190190 15 (ii) initiatives to improve pedestrian and traffic
191191 16 safety;
192192 17 (iii) construction and maintenance of infrastructure
193193 18 within the municipality, including but not limited to
194194 19 roads and bridges; and
195195 20 (iv) after school programs; and
196196 21 (v) remission of $5 from each civil penalty to the
197197 22 State Treasurer for deposit into the General Revenue Fund,
198198 23 which shall be remitted to the State Treasurer as
199199 24 determined by the State Treasurer.
200200 25 (e) For each violation of a provision of this Code or a
201201 26 local ordinance recorded by an automated speed enforcement
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212212 1 system, the municipality having jurisdiction shall issue a
213213 2 written notice of the violation to the registered owner of the
214214 3 vehicle as the alleged violator. The notice shall be delivered
215215 4 to the registered owner of the vehicle, by mail, within 30 days
216216 5 after the Secretary of State notifies the municipality of the
217217 6 identity of the owner of the vehicle, but in no event later
218218 7 than 90 days after the violation.
219219 8 (f) The notice required under subsection (e) of this
220220 9 Section shall include:
221221 10 (1) the name and address of the registered owner of
222222 11 the vehicle;
223223 12 (2) the registration number of the motor vehicle
224224 13 involved in the violation;
225225 14 (3) the violation charged;
226226 15 (4) the date, time, and location where the violation
227227 16 occurred;
228228 17 (5) a copy of the recorded image or images;
229229 18 (6) the amount of the civil penalty imposed and the
230230 19 date by which the civil penalty should be paid;
231231 20 (7) a statement that recorded images are evidence of a
232232 21 violation of a speed restriction;
233233 22 (8) a warning that failure to pay the civil penalty or
234234 23 to contest liability in a timely manner is an admission of
235235 24 liability;
236236 25 (9) a statement that the person may elect to proceed
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248248 1 (A) paying the fine; or
249249 2 (B) challenging the charge in court, by mail, or
250250 3 by administrative hearing; and
251251 4 (10) a website address, accessible through the
252252 5 Internet, where the person may view the recorded images of
253253 6 the violation.
254254 7 (g) (Blank).
255255 8 (h) Based on inspection of recorded images produced by an
256256 9 automated speed enforcement system, a notice alleging that the
257257 10 violation occurred shall be evidence of the facts contained in
258258 11 the notice and admissible in any proceeding alleging a
259259 12 violation under this Section.
260260 13 (i) Recorded images made by an automated speed enforcement
261261 14 system are confidential and shall be made available only to
262262 15 the alleged violator and governmental and law enforcement
263263 16 agencies for purposes of adjudicating a violation of this
264264 17 Section, for statistical purposes, or for other governmental
265265 18 purposes. Any recorded image evidencing a violation of this
266266 19 Section, however, may be admissible in any proceeding
267267 20 resulting from the issuance of the citation.
268268 21 (j) The court or hearing officer may consider in defense
269269 22 of a violation:
270270 23 (1) that the motor vehicle or registration plates or
271271 24 digital registration plates of the motor vehicle were
272272 25 stolen before the violation occurred and not under the
273273 26 control or in the possession of the owner or lessee at the
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284284 1 time of the violation;
285285 2 (1.5) that the motor vehicle was hijacked before the
286286 3 violation occurred and not under the control of or in the
287287 4 possession of the owner or lessee at the time of the
288288 5 violation;
289289 6 (2) that the driver of the motor vehicle received a
290290 7 Uniform Traffic Citation from a police officer for a
291291 8 speeding violation occurring within one-eighth of a mile
292292 9 and 15 minutes of the violation that was recorded by the
293293 10 system; and
294294 11 (3) any other evidence or issues provided by municipal
295295 12 ordinance.
296296 13 (k) To demonstrate that the motor vehicle was hijacked or
297297 14 the motor vehicle or registration plates or digital
298298 15 registration plates were stolen before the violation occurred
299299 16 and were not under the control or possession of the owner or
300300 17 lessee at the time of the violation, the owner or lessee must
301301 18 submit proof that a report concerning the motor vehicle or
302302 19 registration plates was filed with a law enforcement agency in
303303 20 a timely manner.
304304 21 (l) A roadway equipped with an automated speed enforcement
305305 22 system shall be posted with a sign conforming to the national
306306 23 Manual on Uniform Traffic Control Devices that is visible to
307307 24 approaching traffic stating that vehicle speeds are being
308308 25 photo-enforced and indicating the speed limit. The
309309 26 municipality shall install such additional signage as it
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320320 1 determines is necessary to give reasonable notice to drivers
321321 2 as to where automated speed enforcement systems are installed.
322322 3 (m) A roadway where a new automated speed enforcement
323323 4 system is installed shall be posted with signs providing 30
324324 5 days notice of the use of a new automated speed enforcement
325325 6 system prior to the issuance of any citations through the
326326 7 automated speed enforcement system.
327327 8 (n) The compensation paid for an automated speed
328328 9 enforcement system must be based on the value of the equipment
329329 10 or the services provided and may not be based on the number of
330330 11 traffic citations issued or the revenue generated by the
331331 12 system.
332332 13 (n-1) No member of the General Assembly and no officer or
333333 14 employee of a municipality or county shall knowingly accept
334334 15 employment or receive compensation or fees for services from a
335335 16 vendor that provides automated speed enforcement system
336336 17 equipment or services to municipalities or counties. No former
337337 18 member of the General Assembly shall, within a period of 2
338338 19 years immediately after the termination of service as a member
339339 20 of the General Assembly, knowingly accept employment or
340340 21 receive compensation or fees for services from a vendor that
341341 22 provides automated speed enforcement system equipment or
342342 23 services to municipalities or counties. No former officer or
343343 24 employee of a municipality or county shall, within a period of
344344 25 2 years immediately after the termination of municipal or
345345 26 county employment, knowingly accept employment or receive
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356356 1 compensation or fees for services from a vendor that provides
357357 2 automated speed enforcement system equipment or services to
358358 3 municipalities or counties.
359359 4 (o) (Blank).
360360 5 (p) No person who is the lessor of a motor vehicle pursuant
361361 6 to a written lease agreement shall be liable for an automated
362362 7 speed or traffic law enforcement system violation involving
363363 8 such motor vehicle during the period of the lease; provided
364364 9 that upon the request of the appropriate authority received
365365 10 within 120 days after the violation occurred, the lessor
366366 11 provides within 60 days after such receipt the name and
367367 12 address of the lessee. The drivers license number of a lessee
368368 13 may be subsequently individually requested by the appropriate
369369 14 authority if needed for enforcement of this Section.
370370 15 Upon the provision of information by the lessor pursuant
371371 16 to this subsection, the municipality may issue the violation
372372 17 to the lessee of the vehicle in the same manner as it would
373373 18 issue a violation to a registered owner of a vehicle pursuant
374374 19 to this Section, and the lessee may be held liable for the
375375 20 violation.
376376 21 (q) A municipality using an automated speed enforcement
377377 22 system must provide notice to drivers by publishing the
378378 23 locations of all safety zones where system equipment is
379379 24 installed on the website of the municipality.
380380 25 (r) A municipality operating an automated speed
381381 26 enforcement system shall conduct a statistical analysis to
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392392 1 assess the safety impact of the system following installation
393393 2 of the system and every 2 years thereafter. A municipality
394394 3 operating an automated speed enforcement system before the
395395 4 effective date of this amendatory Act of the 103rd General
396396 5 Assembly shall conduct a statistical analysis to assess the
397397 6 safety impact of the system by no later than one year after the
398398 7 effective date of this amendatory Act of the 103rd General
399399 8 Assembly and every 2 years thereafter. Each statistical
400400 9 analysis shall be based upon the best available crash,
401401 10 traffic, and other data, and shall cover a period of time
402402 11 before and after installation of the system sufficient to
403403 12 provide a statistically valid comparison of safety impact.
404404 13 Each statistical analysis shall be consistent with
405405 14 professional judgment and acceptable industry practice. Each
406406 15 statistical analysis also shall be consistent with the data
407407 16 required for valid comparisons of before and after conditions
408408 17 and shall be conducted within a reasonable period following
409409 18 the installation of the automated traffic law enforcement
410410 19 system. Each statistical analysis required by this subsection
411411 20 shall be made available to the public and shall be published on
412412 21 the website of the municipality.
413413 22 (s) This Section applies only to municipalities within the
414414 23 following counties: Cook; DuPage; Kane; Lake; Madison;
415415 24 McHenry; St. Clair; and Will. with a population of 1,000,000
416416 25 or more inhabitants.
417417 26 (t) If a county or municipality selects a new vendor for
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428428 1 its automated speed enforcement system and must, as a
429429 2 consequence, apply for a permit, approval, or other
430430 3 authorization from the Department for reinstallation of one or
431431 4 more malfunctioning components of that system and if, at the
432432 5 time of the application for the permit, approval, or other
433433 6 authorization, the new vendor operates an automated speed
434434 7 enforcement system for any other county or municipality in the
435435 8 State, then the Department shall approve or deny the county or
436436 9 municipality's application for the permit, approval, or other
437437 10 authorization within 90 days after its receipt.
438438 11 (u) The Department may revoke any permit, approval, or
439439 12 other authorization granted to a county or municipality for
440440 13 the placement, installation, or operation of an automated
441441 14 speed enforcement system if any official or employee who
442442 15 serves that county or municipality is charged with bribery,
443443 16 official misconduct, or a similar crime related to the
444444 17 placement, installation, or operation of the automated speed
445445 18 enforcement system in the county or municipality.
446446 19 The Department shall adopt any rules necessary to
447447 20 implement and administer this subsection. The rules adopted by
448448 21 the Department shall describe the revocation process, shall
449449 22 ensure that notice of the revocation is provided, and shall
450450 23 provide an opportunity to appeal the revocation. Any county or
451451 24 municipality that has a permit, approval, or other
452452 25 authorization revoked under this subsection may not reapply
453453 26 for such a permit, approval, or other authorization for a
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