Illinois 2025-2026 Regular Session

Illinois House Bill HB3175 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3175 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.9 Amends the Illinois Vehicle Code. Provides that, for each violation of a provision of the Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle who shall be liable for the violation unless otherwise provided. Provides that the notice shall be delivered to the registered vehicle owner within 30 days after the municipality or county confirms the identity of the owner of the vehicle (rather than 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle), but in no event later than 90 days after the violation. Provides that there shall be a rebuttable presumption that a school bus was stopped for the purpose of receiving or discharging pupils and the visual signals were in operation on the school bus when recorded images produced by an automated traffic law enforcement system show: (1) an activated stop signal arm; and (2) an electronic indicator indicating activation of school bus visual signals. Provides that the motor vehicle owner is subject to a mandatory civil penalty of $300 (rather than a penalty not exceeding $150) for a first time violation or $1,000 (rather than a penalty not exceeding $500) for a second or subsequent violation. LRB104 09887 LNS 19956 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3175 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.9 625 ILCS 5/11-208.9 Amends the Illinois Vehicle Code. Provides that, for each violation of a provision of the Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle who shall be liable for the violation unless otherwise provided. Provides that the notice shall be delivered to the registered vehicle owner within 30 days after the municipality or county confirms the identity of the owner of the vehicle (rather than 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle), but in no event later than 90 days after the violation. Provides that there shall be a rebuttable presumption that a school bus was stopped for the purpose of receiving or discharging pupils and the visual signals were in operation on the school bus when recorded images produced by an automated traffic law enforcement system show: (1) an activated stop signal arm; and (2) an electronic indicator indicating activation of school bus visual signals. Provides that the motor vehicle owner is subject to a mandatory civil penalty of $300 (rather than a penalty not exceeding $150) for a first time violation or $1,000 (rather than a penalty not exceeding $500) for a second or subsequent violation. LRB104 09887 LNS 19956 b LRB104 09887 LNS 19956 b A BILL FOR
	2	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3175 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
	3	+	625 ILCS 5/11-208.9 625 ILCS 5/11-208.9
	4	+	625 ILCS 5/11-208.9
	5	+	Amends the Illinois Vehicle Code. Provides that, for each violation of a provision of the Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle who shall be liable for the violation unless otherwise provided. Provides that the notice shall be delivered to the registered vehicle owner within 30 days after the municipality or county confirms the identity of the owner of the vehicle (rather than 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle), but in no event later than 90 days after the violation. Provides that there shall be a rebuttable presumption that a school bus was stopped for the purpose of receiving or discharging pupils and the visual signals were in operation on the school bus when recorded images produced by an automated traffic law enforcement system show: (1) an activated stop signal arm; and (2) an electronic indicator indicating activation of school bus visual signals. Provides that the motor vehicle owner is subject to a mandatory civil penalty of $300 (rather than a penalty not exceeding $150) for a first time violation or $1,000 (rather than a penalty not exceeding $500) for a second or subsequent violation.
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	8	+	A BILL FOR
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3	11		1 AN ACT concerning transportation.
4	12		2 Be it enacted by the People of the State of Illinois,
5	13		3 represented in the General Assembly:
6	14		4 Section 5. The Illinois Vehicle Code is amended by
7	15		5 changing Section 11-208.9 as follows:
8	16		6 (625 ILCS 5/11-208.9)
9	17		7 Sec. 11-208.9. Automated traffic law enforcement system;
10	18		8 approaching, overtaking, and passing a school bus.
11	19		9 (a) As used in this Section, "automated traffic law
12	20		10 enforcement system" means a device with one or more motor
13	21		11 vehicle sensors working in conjunction with the visual signals
14	22		12 on a school bus, as specified in Sections 12-803 and 12-805 of
15	23		13 this Code, to produce recorded images of motor vehicles that
16	24		14 fail to stop before meeting or overtaking, from either
17	25		15 direction, any school bus stopped at any location for the
18	26		16 purpose of receiving or discharging pupils in violation of
19	27		17 Section 11-1414 of this Code or a similar provision of a local
20	28		18 ordinance.
21	29		19 An automated traffic law enforcement system is a system,
22	30		20 in a municipality or county operated by a governmental agency,
23	31		21 that produces a recorded image of a motor vehicle's violation
24	32		22 of a provision of this Code or a local ordinance and is
25	33		23 designed to obtain a clear recorded image of the vehicle and
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	37	+	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3175 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
	38	+	625 ILCS 5/11-208.9 625 ILCS 5/11-208.9
	39	+	625 ILCS 5/11-208.9
	40	+	Amends the Illinois Vehicle Code. Provides that, for each violation of a provision of the Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle who shall be liable for the violation unless otherwise provided. Provides that the notice shall be delivered to the registered vehicle owner within 30 days after the municipality or county confirms the identity of the owner of the vehicle (rather than 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle), but in no event later than 90 days after the violation. Provides that there shall be a rebuttable presumption that a school bus was stopped for the purpose of receiving or discharging pupils and the visual signals were in operation on the school bus when recorded images produced by an automated traffic law enforcement system show: (1) an activated stop signal arm; and (2) an electronic indicator indicating activation of school bus visual signals. Provides that the motor vehicle owner is subject to a mandatory civil penalty of $300 (rather than a penalty not exceeding $150) for a first time violation or $1,000 (rather than a penalty not exceeding $500) for a second or subsequent violation.
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	43	+	A BILL FOR
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34	68		1 the vehicle's license plate. The recorded image must also
35	69		2 display the time, date, and location of the violation.
36	70		3 (b) As used in this Section, "recorded images" means
37	71		4 images recorded by an automated traffic law enforcement system
38	72		5 on:
39	73		6 (1) 2 or more photographs;
40	74		7 (2) 2 or more microphotographs;
41	75		8 (3) 2 or more electronic images; or
42	76		9 (4) a video recording showing the motor vehicle and,
43	77		10 on at least one image or portion of the recording, clearly
44	78		11 identifying the registration plate or digital registration
45	79		12 plate number of the motor vehicle.
46	80		13 (c) A municipality or county that produces a recorded
47	81		14 image of a motor vehicle's violation of a provision of this
48	82		15 Code or a local ordinance must make the recorded images of a
49	83		16 violation accessible to the alleged violator by providing the
50	84		17 alleged violator with a website address, accessible through
51	85		18 the Internet.
52	86		19 (d) For each violation of a provision of this Code or a
53	87		20 local ordinance recorded by an automated traffic law
54	88		21 enforcement system, the county or municipality having
55	89		22 jurisdiction shall issue a written notice of the violation to
56		-	23 the registered owner of the vehicle, who shall be liable for
57		-	24 ~~the~~ violation unless otherwise provided in this Section as the
	90	+	23 the registered owner of the vehicle who shall be liable for the
	91	+	24 violation unless otherwise provided in this Section as the
58	92		25 alleged violator. The notice shall be delivered to the
59	93		26 registered owner of the vehicle, by mail, within 30 days after
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70	104		1 the Secretary of State notifies the municipality or county
71	105		2 confirms of the identity of the owner of the vehicle, but in no
72	106		3 event later than 90 days after the violation.
73	107		4 (e) The notice required under subsection (d) shall
74	108		5 include:
75	109		6 (1) the name and address of the registered owner of
76	110		7 the vehicle;
77	111		8 (2) the registration number of the motor vehicle
78	112		9 involved in the violation;
79	113		10 (3) the violation charged;
80	114		11 (4) the location where the violation occurred;
81	115		12 (5) the date and time of the violation;
82	116		13 (6) a copy of the recorded images;
83	117		14 (7) the amount of the civil penalty imposed and the
84	118		15 date by which the civil penalty should be paid;
85	119		16 (8) a statement that recorded images are evidence of a
86	120		17 violation of overtaking or passing a school bus stopped
87	121		18 for the purpose of receiving or discharging pupils;
88	122		19 (9) a warning that failure to pay the civil penalty or
89	123		20 to contest liability in a timely manner is an admission of
90	124		21 liability;
91	125		22 (10) a statement that the person may elect to proceed
92	126		23 by:
93	127		24 (A) paying the fine; or
94	128		25 (B) challenging the charge in court, by mail, or
95	129		26 by administrative hearing; and
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106	140		1 (11) a website address, accessible through the
107	141		2 Internet, where the person may view the recorded images of
108	142		3 the violation.
109	143		4 (e-5) There shall be a rebuttable presumption that a
110	144		5 school bus was stopped for the purpose of receiving or
111	145		6 discharging pupils and that the visual signals as specified in
112	146		7 Sections 12-803 and 12-805 were in operation on the school bus
113	147		8 when recorded images produced by an automated traffic law
114	148		9 enforcement system show:
115	149		10 (1) an activated stop signal arm; and
116	150		11 (2) an electronic indicator indicating activation of
117	151		12 school bus visual signals.
118	152		13 (f) (Blank).
119	153		14 (g) Based on inspection of recorded images produced by an
120	154		15 automated traffic law enforcement system, a notice alleging
121	155		16 that the violation occurred shall be evidence of the facts
122	156		17 contained in the notice and admissible in any proceeding
123	157		18 alleging a violation under this Section.
124	158		19 (h) Recorded images made by an automated traffic law
125	159		20 enforcement system are confidential and shall be made
126	160		21 available only to the alleged violator and governmental and
127	161		22 law enforcement agencies for purposes of adjudicating a
128	162		23 violation of this Section, for statistical purposes, or for
129	163		24 other governmental purposes. Any recorded image evidencing a
130	164		25 violation of this Section, however, may be admissible in any
131	165		26 proceeding resulting from the issuance of the citation.
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142	176		1 (i) The court or hearing officer may consider in defense
143	177		2 of a violation:
144	178		3 (1) that the motor vehicle or registration plates or
145	179		4 digital registration plates of the motor vehicle were
146	180		5 stolen before the violation occurred and not under the
147	181		6 control of or in the possession of the owner or lessee at
148	182		7 the time of the violation;
149	183		8 (1.5) that the motor vehicle was hijacked before the
150	184		9 violation occurred and not under the control of or in the
151	185		10 possession of the owner or lessee at the time of the
152	186		11 violation;
153	187		12 (2) that the driver of the motor vehicle received a
154	188		13 Uniform Traffic Citation from a police officer for a
155	189		14 violation of Section 11-1414 of this Code within
156	190		15 one-eighth of a mile and 15 minutes of the violation that
157	191		16 was recorded by the system;
158	192		17 (3) that the visual signals required by Sections
159	193		18 12-803 and 12-805 of this Code were damaged, not
160	194		19 activated, not present in violation of Sections 12-803 and
161	195		20 12-805, or inoperable; and
162	196		21 (4) any other evidence or issues provided by municipal
163	197		22 or county ordinance.
164	198		23 (j) To demonstrate that the motor vehicle was hijacked or
165	199		24 the motor vehicle or registration plates or digital
166	200		25 registration plates were stolen before the violation occurred
167	201		26 and were not under the control or possession of the owner or
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178	212		1 lessee at the time of the violation, the owner or lessee must
179	213		2 submit proof that a report concerning the motor vehicle or
180	214		3 registration plates was filed with a law enforcement agency in
181	215		4 a timely manner.
182	216		5 (k) Unless the driver of the motor vehicle received a
183	217		6 Uniform Traffic Citation from a police officer at the time of
184	218		7 the violation, the motor vehicle owner is subject to a
185	219		8 mandatory civil penalty of $300 not exceeding $150 for a first
186	220		9 time violation or $1,000 $500 for a second or subsequent
187	221		10 violation, plus an additional penalty of not more than $100
188	222		11 for failure to pay the original penalty in a timely manner, if
189	223		12 the motor vehicle is recorded by an automated traffic law
190	224		13 enforcement system. A violation for which a civil penalty is
191	225		14 imposed under this Section is not a violation of a traffic
192	226		15 regulation governing the movement of vehicles and may not be
193	227		16 recorded on the driving record of the owner of the vehicle, but
194	228		17 may be recorded by the municipality or county for the purpose
195	229		18 of determining if a person is subject to the higher fine for a
196	230		19 second or subsequent offense.
197	231		20 (l) A school bus equipped with an automated traffic law
198	232		21 enforcement system must be posted with a sign indicating that
199	233		22 the school bus is being monitored by an automated traffic law
200	234		23 enforcement system.
201	235		24 (m) A municipality or county that has one or more school
202	236		25 buses equipped with an automated traffic law enforcement
203	237		26 system must provide notice to drivers by posting a list of
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214	248		1 school districts using school buses equipped with an automated
215	249		2 traffic law enforcement system on the municipality or county
216	250		3 website. School districts that have one or more school buses
217	251		4 equipped with an automated traffic law enforcement system must
218	252		5 provide notice to drivers by posting that information on their
219	253		6 websites.
220	254		7 (n) A municipality or county operating an automated
221	255		8 traffic law enforcement system shall conduct a statistical
222	256		9 analysis to assess the safety impact in each school district
223	257		10 using school buses equipped with an automated traffic law
224	258		11 enforcement system following installation of the system and
225	259		12 every 2 years thereafter. A municipality or county operating
226	260		13 an automated speed enforcement system before the effective
227	261		14 date of this amendatory Act of the 103rd General Assembly
228	262		15 shall conduct a statistical analysis to assess the safety
229	263		16 impact of the system by no later than one year after the
230	264		17 effective date of this amendatory Act of the 103rd General
231	265		18 Assembly and every 2 years thereafter. Each statistical
232	266		19 analysis shall be based upon the best available crash,
233	267		20 traffic, and other data, and shall cover a period of time
234	268		21 before and after installation of the system sufficient to
235	269		22 provide a statistically valid comparison of safety impact.
236	270		23 Each statistical analysis shall be consistent with
237	271		24 professional judgment and acceptable industry practice. Each
238	272		25 statistical analysis also shall be consistent with the data
239	273		26 required for valid comparisons of before and after conditions
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250	284		1 and shall be conducted within a reasonable period following
251	285		2 the installation of the automated traffic law enforcement
252	286		3 system. Each statistical analysis required by this subsection
253	287		4 shall be made available to the public and shall be published on
254	288		5 the website of the municipality or county. If a statistical
255	289		6 analysis indicates that there has been an increase in the rate
256	290		7 of crashes at the approach to school buses monitored by the
257	291		8 system, the municipality or county shall undertake additional
258	292		9 studies to determine the cause and severity of the crashes,
259	293		10 and may take any action that it determines is necessary or
260	294		11 appropriate to reduce the number or severity of the crashes
261	295		12 involving school buses equipped with an automated traffic law
262	296		13 enforcement system.
263	297		14 (o) The compensation paid for an automated traffic law
264	298		15 enforcement system must be based on the value of the equipment
265	299		16 or the services provided and may not be based on the number of
266	300		17 traffic citations issued or the revenue generated by the
267	301		18 system.
268	302		19 (o-1) No member of the General Assembly and no officer or
269	303		20 employee of a municipality or county shall knowingly accept
270	304		21 employment or receive compensation or fees for services from a
271	305		22 vendor that provides automated traffic law enforcement system
272	306		23 equipment or services to municipalities or counties. No former
273	307		24 member of the General Assembly shall, within a period of 2
274	308		25 years immediately after the termination of service as a member
275	309		26 of the General Assembly, knowingly accept employment or
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286	320		1 receive compensation or fees for services from a vendor that
287	321		2 provides automated traffic law enforcement system equipment or
288	322		3 services to municipalities or counties. No former officer or
289	323		4 employee of a municipality or county shall, within a period of
290	324		5 2 years immediately after the termination of municipal or
291	325		6 county employment, knowingly accept employment or receive
292	326		7 compensation or fees for services from a vendor that provides
293	327		8 automated traffic law enforcement system equipment or services
294	328		9 to municipalities or counties.
295	329		10 (p) No person who is the lessor of a motor vehicle pursuant
296	330		11 to a written lease agreement shall be liable for an automated
297	331		12 speed or traffic law enforcement system violation involving
298	332		13 such motor vehicle during the period of the lease; provided
299	333		14 that upon the request of the appropriate authority received
300	334		15 within 120 days after the violation occurred, the lessor
301	335		16 provides within 60 days after such receipt the name and
302	336		17 address of the lessee.
303	337		18 Upon the provision of information by the lessor pursuant
304	338		19 to this subsection, the county or municipality may issue the
305	339		20 violation to the lessee of the vehicle in the same manner as it
306	340		21 would issue a violation to a registered owner of a vehicle
307	341		22 pursuant to this Section, and the lessee may be held liable for
308	342		23 the violation.
309	343		24 (q) (Blank).
310	344		25 (r) After a municipality or county enacts an ordinance
311	345		26 providing for automated traffic law enforcement systems under
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322	356		1 this Section, each school district within that municipality or
323	357		2 county's jurisdiction may implement an automated traffic law
324	358		3 enforcement system under this Section. The elected school
325	359		4 board for that district must approve the implementation of an
326	360		5 automated traffic law enforcement system. The school district
327	361		6 shall be responsible for entering into a contract, approved by
328	362		7 the elected school board of that district, with vendors for
329	363		8 the installation, maintenance, and operation of the automated
330	364		9 traffic law enforcement system. The school district must enter
331	365		10 into an intergovernmental agreement, approved by the elected
332	366		11 school board of that district, with the municipality or county
333	367		12 with jurisdiction over that school district for the
334	368		13 administration of the automated traffic law enforcement
335	369		14 system. The proceeds from a school district's automated
336	370		15 traffic law enforcement system's fines shall be divided
337	371		16 equally between the school district and the municipality or
338	372		17 county administering the automated traffic law enforcement
339	373		18 system.
340	374		19 (s) If a county or municipality changes the vendor it uses
341	375		20 for its automated traffic law enforcement system and must, as
342	376		21 a consequence, apply for a permit, approval, or other
343	377		22 authorization from the Department for reinstallation of one or
344	378		23 more malfunctioning components of that system and if, at the
345	379		24 time of the application, the new vendor operates an automated
346	380		25 traffic law enforcement system for any other county or
347	381		26 municipality in the State, then the Department shall approve
348	382
349	383
350	384
351	385
352	386
353		-	HB3175 ~~Engrossed~~ - 10 - LRB104 09887 LNS 19956 b
	387	+	HB3175 - 10 - LRB104 09887 LNS 19956 b
354	388
355	389
356		-	HB3175 Engrossed- 11 -LRB104 09887 LNS 19956 b HB3175 Engrossed - 11 - LRB104 09887 LNS 19956 b
357		-	HB3175 Engrossed - 11 - LRB104 09887 LNS 19956 b
358		-	1 or deny the county or municipality's application for that
359		-	2 permit, approval, or other authorization within 90 days after
360		-	3 its receipt.
361		-	4 (t) The Department may revoke any permit, approval, or
362		-	5 other authorization granted to a county or municipality for
363		-	6 the placement, installation, or operation of an automated
364		-	7 traffic law enforcement system if any official or employee who
365		-	8 serves that county or municipality is charged with bribery,
366		-	9 official misconduct, or a similar crime related to the
367		-	10 placement, installation, or operation of the automated traffic
368		-	11 law enforcement system in the county or municipality.
369		-	12 The Department shall adopt any rules necessary to
370		-	13 implement and administer this subsection. The rules adopted by
371		-	14 the Department shall describe the revocation process, shall
372		-	15 ensure that notice of the revocation is provided, and shall
373		-	16 provide an opportunity to appeal the revocation. Any county or
374		-	17 municipality that has a permit, approval, or other
375		-	18 authorization revoked under this subsection may not reapply
376		-	19 for such a permit, approval, or other authorization for a
377		-	20 period of 1 year after the revocation.
378		-	21 (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
379		-	22 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
	390	+	HB3175- 11 -LRB104 09887 LNS 19956 b HB3175 - 11 - LRB104 09887 LNS 19956 b
	391	+	HB3175 - 11 - LRB104 09887 LNS 19956 b
380	392
381	393
382	394
383	395
384	396
385		-	HB3175 ~~Engrossed~~ - 11 - LRB104 09887 LNS 19956 b
	397	+	HB3175 - 11 - LRB104 09887 LNS 19956 b