Illinois 2025-2026 Regular Session

Illinois House Bill HB3536 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3536 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: See Index Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge. LRB104 07558 RTM 17602 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3536 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED: See Index See Index Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge. LRB104 07558 RTM 17602 b LRB104 07558 RTM 17602 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3536 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
33 See Index See Index
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55 Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge.
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1111 1 AN ACT concerning local government.
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 Oaths and Affirmations Act is amended by
1515 5 changing Section 1 as follows:
1616 6 (5 ILCS 255/1) (from Ch. 101, par. 1)
1717 7 Sec. 1. Oaths and affirmations.
1818 8 (a) All courts, and all judges and the clerk thereof, the
1919 9 county clerk, deputy county clerk, notaries public, and
2020 10 persons certified under the Illinois Certified Shorthand
2121 11 Reporters Act of 1984 have the power to administer oaths and
2222 12 affirmations to witnesses and others, concerning anything
2323 13 commenced or to be commenced, or pending before them
2424 14 respectively.
2525 15 (b) The same functions may be performed by an
2626 16 administrative law judge, hearing officer, or adjudicator when
2727 17 presiding over a proceeding for a local public entity, as
2828 18 defined in Section 1-206 of the Local Governmental and
2929 19 Governmental Employees Tort Immunity Act, including a
3030 20 proceeding under the Counties Code, the Illinois Municipal
3131 21 Code, or Section 11-208.3 of the Illinois Vehicle Code, if the
3232 22 administrative law judge, hearing officer, or adjudicator has
3333 23 neither been convicted of a felony nor removed from office by
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3536 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
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4040 Amends the Counties Code and the Illinois Municipal Code. In provisions concerning administrative adjudication hearings of code and ordinance violations, provides that (i) powers and duties of a hearing officer include swearing in individuals who provide testimony; (ii) all oral testimony shall be sworn to under oath or affirmation; and (iii) a citation or notice of violation sworn to under oath or affirmation taken under certification under specified provisions of the Code of Civil Procedure is prima facie evidence of the correctness of the facts specified that may be rebutted by a preponderance of the evidence. Makes similar changes to provisions concerning adjudication of violations of traffic regulations concerning the standing, parking, or condition of vehicles, automated traffic law violations, and automated speed enforcement system violations in the Illinois Vehicle Code. Amends the Oaths and Affirmations Act. Provides that an administrative law judge, hearing officer, or adjudicator may administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them when presiding over a proceeding for a local public entity if the administrative law judge, hearing officer, or adjudicator has neither been convicted of a felony nor removed from office by the Illinois Courts Commission. Amends the Criminal Code of 2012. Provides that a person commits perjury when, under oath, certification, or affirmation (rather than when, under oath or affirmation), in a proceeding or in any other matter where by the law, the oath, certification, or affirmation (rather where by the law, under oath or affirmation), is required, he or she makes a false statement, material to the issue or point in question, knowing the statement is false. Amends the Local Governmental and Governmental Employees Tort Immunity Act. Provides that an administrative law judge or hearing officer is not answerable personally in law or equity for the direct or indirect consequences of any finding of fact or conclusion of law made by the administrative law judge or hearing officer in the course of the administrative law judge's or hearing officer's official duties. Defines administrative law judge.
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6868 1 the Illinois Courts Commission.
6969 2 (Source: P.A. 90-294, eff. 8-1-97.)
7070 3 Section 10. The Counties Code is amended by changing
7171 4 Sections 5-43010, 5-43020, 5-43025, and 5-43030 as follows:
7272 5 (55 ILCS 5/5-43010)
7373 6 Sec. 5-43010. Administrative adjudication of code and
7474 7 ordinance violations; definitions.
7575 8 (a) Any county may provide by ordinance for a system of
7676 9 administrative adjudication of county code violations to the
7777 10 extent permitted by the Illinois Constitution.
7878 11 (b) Any county may provide by ordinance for a system of
7979 12 administrative adjudication of violations of ordinances
8080 13 enacted by a participating unit of local government only
8181 14 where: (i) the unit of local government is engaging in
8282 15 governmental activities or providing services within the
8383 16 boundaries of the county; (ii) the unit of local government
8484 17 has no system of administrative adjudication; and (iii) the
8585 18 violation occurred within the boundaries of the county.
8686 19 (c) As used in this Division:
8787 20 "Administrative law judge" means an independent contractor
8888 21 or employee compensated by a local public entity, as defined
8989 22 in Section 1-206 of the Local Governmental and Governmental
9090 23 Employees Tort Immunity Act, who serves in a quasi-judicial
9191 24 function regardless of the independent contractor's title.
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102102 1 "Participating unit of local government" means a unit of
103103 2 local government which has entered into an intergovernmental
104104 3 agreement or contract with a county for the administrative
105105 4 adjudication of violations of its ordinances by the county
106106 5 pursuant to this Division.
107107 6 "System of administrative adjudication" means the
108108 7 adjudication of any violation of a county ordinance or of a
109109 8 participating unit of local government's ordinance, except for
110110 9 (i) proceedings not within the statutory or the home rule
111111 10 authority of counties or a participating unit of local
112112 11 government; and (ii) any offense under the Illinois Vehicle
113113 12 Code (or a similar offense that is a traffic regulation
114114 13 governing the movement of vehicles and except for any
115115 14 reportable offense under Section 6-204 of the Illinois Vehicle
116116 15 Code).
117117 16 "Unit of local government" has the meaning as defined in
118118 17 the Illinois Constitution of 1970 and also includes a
119119 18 not-for-profit corporation organized for the purpose of
120120 19 conducting public business including, but not limited to, the
121121 20 Northeast Illinois Regional Commuter Railroad Corporation.
122122 21 (Source: P.A. 99-754, eff. 1-1-17.)
123123 22 (55 ILCS 5/5-43020)
124124 23 Sec. 5-43020. Code hearing units; powers of hearing
125125 24 officers.
126126 25 (a) An ordinance establishing a system of administrative
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137137 1 adjudication, pursuant to this Division, shall provide for a
138138 2 code hearing unit within an existing agency or as a separate
139139 3 agency in the county government. The ordinance shall establish
140140 4 the jurisdiction of a code hearing unit that is consistent
141141 5 with this Division. The "jurisdiction" of a code hearing unit
142142 6 refers to the particular code violations that it may
143143 7 adjudicate.
144144 8 (b) Adjudicatory hearings shall be presided over by
145145 9 hearing officers. The powers and duties of a hearing officer
146146 10 shall include:
147147 11 (1) hearing testimony and accepting evidence that is
148148 12 relevant to the existence of the code violation;
149149 13 (2) issuing subpoenas directing witnesses to appear
150150 14 and give relevant testimony at the hearing, upon the
151151 15 request of the parties or their representatives;
152152 16 (3) preserving and authenticating the record of the
153153 17 hearing and all exhibits and evidence introduced at the
154154 18 hearing;
155155 19 (4) issuing a determination, based on the evidence
156156 20 presented at the hearing, of whether a code violation
157157 21 exists, which shall be in writing and shall include a
158158 22 written finding of fact, decision, and order including the
159159 23 fine, penalty, or action with which the defendant must
160160 24 comply; and
161161 25 (5) imposing penalties consistent with applicable code
162162 26 provisions and assessing costs upon finding a party liable
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173173 1 for the charged violation, except, however, that in no
174174 2 event shall the hearing officer have authority to: (i)
175175 3 impose a penalty of incarceration; or (ii) impose a fine
176176 4 in excess of $50,000, or at the option of the county for a
177177 5 fine imposed for a violation of a county ordinance or at
178178 6 the option of a participating unit of local government for
179179 7 a fine imposed for violation of an ordinance of the
180180 8 participating unit of local government, such other amount
181181 9 not to exceed the maximum amount established by the
182182 10 Mandatory Arbitration System as prescribed by the Rules of
183183 11 the Illinois Supreme Court from time to time for the
184184 12 judicial circuit in which the county is located. The
185185 13 maximum monetary fine under this item (5), shall be
186186 14 exclusive of costs of enforcement or costs imposed to
187187 15 secure compliance with the county's ordinances or
188188 16 participating unit of local government's ordinances and
189189 17 shall not be applicable to cases to enforce the collection
190190 18 of any tax imposed and collected by the county or
191191 19 participating unit of local government; and
192192 20 (6) swearing in individuals who provide testimony.
193193 21 (c) Prior to conducting administrative adjudication
194194 22 proceedings, administrative hearing officers shall have
195195 23 successfully completed a formal training program that includes
196196 24 the following:
197197 25 (1) instruction on the rules of procedure of the
198198 26 administrative hearings that they will conduct;
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209209 1 (2) orientation to each subject area of the code
210210 2 violations that they will adjudicate;
211211 3 (3) observation of administrative hearings; and
212212 4 (4) participation in hypothetical cases, including
213213 5 ruling on evidence and issuing final orders.
214214 6 In addition, every administrative hearing officer must be
215215 7 an attorney licensed to practice law in the State of Illinois
216216 8 for at least 3 years.
217217 9 (d) A proceeding before a code hearing unit shall be
218218 10 instituted upon the filing of a written pleading by an
219219 11 authorized official of the county or participating unit of
220220 12 local government.
221221 13 (Source: P.A. 99-754, eff. 1-1-17.)
222222 14 (55 ILCS 5/5-43025)
223223 15 Sec. 5-43025. Administrative hearing proceedings.
224224 16 (a) Any ordinance establishing a system of administrative
225225 17 adjudication, pursuant to this Division, shall afford parties
226226 18 due process of law, including notice and opportunity for
227227 19 hearing. Parties shall be served with process in a manner
228228 20 reasonably calculated to give them actual notice, including,
229229 21 as appropriate, personal service of process upon a party or
230230 22 its employees or agents; service by mail at a party's address;
231231 23 or notice that is posted upon the property where the violation
232232 24 is found when the party is the owner or manager of the
233233 25 property. In counties with a population under 3,000,000, if
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244244 1 the notice requires the respondent to answer within a certain
245245 2 amount of time, the county or participating unit of local
246246 3 government must reply to the answer within the same amount of
247247 4 time afforded to the respondent.
248248 5 (b) Parties shall be given notice of an adjudicatory
249249 6 hearing that includes the type and nature of the code
250250 7 violation to be adjudicated, the date and location of the
251251 8 adjudicatory hearing, the legal authority and jurisdiction
252252 9 under which the hearing is to be held, and the penalties for
253253 10 failure to appear at the hearing.
254254 11 (c) Parties shall be provided with an opportunity for a
255255 12 hearing during which they may be represented by counsel,
256256 13 present witnesses, and cross-examine opposing witnesses.
257257 14 Parties may request the hearing officer to issue subpoenas to
258258 15 direct the attendance and testimony of relevant witnesses and
259259 16 the production of relevant documents. Hearings shall be
260260 17 scheduled with reasonable promptness, except that for hearings
261261 18 scheduled in all non-emergency situations, if requested by the
262262 19 defendant, the defendant shall have at least 15 days after
263263 20 service of process to prepare for a hearing. For purposes of
264264 21 this subsection (c), "non-emergency situation" means any
265265 22 situation that does not reasonably constitute a threat to the
266266 23 public interest, safety, or welfare. If service is provided by
267267 24 mail, the 15-day period shall begin to run on the day that the
268268 25 notice is deposited in the mail.
269269 26 (d) All oral testimony shall be sworn to under oath or
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280280 1 affirmation.
281281 2 (Source: P.A. 99-754, eff. 1-1-17.)
282282 3 (55 ILCS 5/5-43030)
283283 4 Sec. 5-43030. Rules of evidence shall not govern.
284284 5 (a) The formal and technical rules of evidence do not
285285 6 apply in an adjudicatory hearing permitted under this
286286 7 Division. Evidence, including hearsay, may be admitted only if
287287 8 it is of a type commonly relied upon by reasonably prudent
288288 9 persons in the conduct of their affairs.
289289 10 (b) A citation or notice of violation sworn to under oath
290290 11 or affirmation taken under certification under Section 1-109
291291 12 of the Code of Civil Procedure is prima facie evidence of the
292292 13 correctness of the facts specified therein. The standard for
293293 14 rebutting this presumption is a preponderance of the evidence.
294294 15 (Source: P.A. 96-1386, eff. 7-29-10.)
295295 16 Section 15. The Illinois Municipal Code is amended by
296296 17 changing Sections 1-2.1-2, 1-2.1-4, 1-2.1-5, and 1-2.1-6 as
297297 18 follows:
298298 19 (65 ILCS 5/1-2.1-2)
299299 20 Sec. 1-2.1-2. Administrative adjudication of municipal
300300 21 code violations.
301301 22 (a) Any municipality may provide by ordinance for a system
302302 23 of administrative adjudication of municipal code violations to
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313313 1 the extent permitted by the Illinois Constitution.
314314 2 (b) As used in this Division: A
315315 3 "Administrative law judge" means an independent contractor
316316 4 or employee compensated by a local public entity, as defined
317317 5 in Section 1-206 of the Local Governmental and Governmental
318318 6 Employees Tort Immunity Act, who serves in a quasi-judicial
319319 7 function regardless of the independent contractor's title.
320320 8 "System system of administrative adjudication" means the
321321 9 adjudication of any violation of a municipal ordinance, except
322322 10 for (i) proceedings not within the statutory or the home rule
323323 11 authority of municipalities; and (ii) any offense under the
324324 12 Illinois Vehicle Code or a similar offense that is a traffic
325325 13 regulation governing the movement of vehicles and except for
326326 14 any reportable offense under Section 6-204 of the Illinois
327327 15 Vehicle Code.
328328 16 (Source: P.A. 90-516, eff. 1-1-98.)
329329 17 (65 ILCS 5/1-2.1-4)
330330 18 Sec. 1-2.1-4. Code hearing units; powers of hearing
331331 19 officers.
332332 20 (a) An ordinance establishing a system of administrative
333333 21 adjudication, pursuant to this Division, shall provide for a
334334 22 code hearing unit within an existing agency or as a separate
335335 23 agency in the municipal government. The ordinance shall
336336 24 establish the jurisdiction of a code hearing unit that is
337337 25 consistent with this Division. The "jurisdiction" of a code
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348348 1 hearing unit refers to the particular code violations that it
349349 2 may adjudicate.
350350 3 (b) Adjudicatory hearings shall be presided over by
351351 4 hearing officers. The powers and duties of a hearing officer
352352 5 shall include:
353353 6 (1) hearing testimony and accepting evidence that is
354354 7 relevant to the existence of the code violation;
355355 8 (2) issuing subpoenas directing witnesses to appear
356356 9 and give relevant testimony at the hearing, upon the
357357 10 request of the parties or their representatives;
358358 11 (3) preserving and authenticating the record of the
359359 12 hearing and all exhibits and evidence introduced at the
360360 13 hearing;
361361 14 (4) issuing a determination, based on the evidence
362362 15 presented at the hearing, of whether a code violation
363363 16 exists. The determination shall be in writing and shall
364364 17 include a written finding of fact, decision, and order
365365 18 including the fine, penalty, or action with which the
366366 19 defendant must comply; and
367367 20 (5) imposing penalties consistent with applicable code
368368 21 provisions and assessing costs upon finding a party liable
369369 22 for the charged violation, except, however, that in no
370370 23 event shall the hearing officer have authority to (i)
371371 24 impose a penalty of incarceration, or (ii) impose a fine
372372 25 in excess of $50,000, or at the option of the
373373 26 municipality, such other amount not to exceed the maximum
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384384 1 amount established by the Mandatory Arbitration System as
385385 2 prescribed by the Rules of the Illinois Supreme Court from
386386 3 time to time for the judicial circuit in which the
387387 4 municipality is located. The maximum monetary fine under
388388 5 this item (5), shall be exclusive of costs of enforcement
389389 6 or costs imposed to secure compliance with the
390390 7 municipality's ordinances and shall not be applicable to
391391 8 cases to enforce the collection of any tax imposed and
392392 9 collected by the municipality; and
393393 10 (6) swearing in individuals who provide testimony.
394394 11 (c) Prior to conducting administrative adjudication
395395 12 proceedings, administrative hearing officers shall have
396396 13 successfully completed a formal training program which
397397 14 includes the following:
398398 15 (1) instruction on the rules of procedure of the
399399 16 administrative hearings which they will conduct;
400400 17 (2) orientation to each subject area of the code
401401 18 violations that they will adjudicate;
402402 19 (3) observation of administrative hearings; and
403403 20 (4) participation in hypothetical cases, including
404404 21 ruling on evidence and issuing final orders.
405405 22 In addition, every administrative hearing officer must be
406406 23 an attorney licensed to practice law in the State of Illinois
407407 24 for at least 3 years. A person who has served as a judge in
408408 25 Illinois is not required to fulfill the requirements of items
409409 26 (1) through (4) of this subsection.
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420420 1 (d) A proceeding before a code hearing unit shall be
421421 2 instituted upon the filing of a written pleading by an
422422 3 authorized official of the municipality.
423423 4 (Source: P.A. 102-65, eff. 7-9-21.)
424424 5 (65 ILCS 5/1-2.1-5)
425425 6 Sec. 1-2.1-5. Administrative hearing proceedings.
426426 7 (a) Any ordinance establishing a system of administrative
427427 8 adjudication, pursuant to this Division, shall afford parties
428428 9 due process of law, including notice and opportunity for
429429 10 hearing. Parties shall be served with process in a manner
430430 11 reasonably calculated to give them actual notice, including,
431431 12 as appropriate, personal service of process upon a party or
432432 13 its employees or agents; service by mail at a party's address;
433433 14 or notice that is posted upon the property where the violation
434434 15 is found when the party is the owner or manager of the
435435 16 property. In municipalities with a population under 3,000,000,
436436 17 if the notice requires the respondent to answer within a
437437 18 certain amount of time, the municipality must reply to the
438438 19 answer within the same amount of time afforded to the
439439 20 respondent.
440440 21 (b) Parties shall be given notice of an adjudicatory
441441 22 hearing which includes the type and nature of the code
442442 23 violation to be adjudicated, the date and location of the
443443 24 adjudicatory hearing, the legal authority and jurisdiction
444444 25 under which the hearing is to be held, and the penalties for
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455455 1 failure to appear at the hearing.
456456 2 (c) Parties shall be provided with an opportunity for a
457457 3 hearing during which they may be represented by counsel,
458458 4 present witnesses, and cross-examine opposing witnesses.
459459 5 Parties may request the hearing officer to issue subpoenas to
460460 6 direct the attendance and testimony of relevant witnesses and
461461 7 the production of relevant documents. Hearings shall be
462462 8 scheduled with reasonable promptness, provided that for
463463 9 hearings scheduled in all non-emergency situations, if
464464 10 requested by the defendant, the defendant shall have at least
465465 11 15 days after service of process to prepare for a hearing. For
466466 12 purposes of this subsection (c), "non-emergency situation"
467467 13 means any situation that does not reasonably constitute a
468468 14 threat to the public interest, safety, or welfare. If service
469469 15 is provided by mail, the 15-day period shall begin to run on
470470 16 the day that the notice is deposited in the mail.
471471 17 (d) All oral testimony shall be sworn to under oath or
472472 18 affirmation.
473473 19 (Source: P.A. 94-616, eff. 1-1-06.)
474474 20 (65 ILCS 5/1-2.1-6)
475475 21 Sec. 1-2.1-6. Rules of evidence shall not govern.
476476 22 (a) The formal and technical rules of evidence do not
477477 23 apply in an adjudicatory hearing permitted under this
478478 24 Division. Evidence, including hearsay, may be admitted only if
479479 25 it is of a type commonly relied upon by reasonably prudent
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490490 1 persons in the conduct of their affairs.
491491 2 (b) A citation or notice of violation sworn to under oath
492492 3 or affirmation taken under certification under Section 1-109
493493 4 of the Code of Civil Procedure is prima facie evidence of the
494494 5 correctness of the facts specified therein. The standard for
495495 6 rebutting this presumption is a preponderance of the evidence.
496496 7 (Source: P.A. 90-516, eff. 1-1-98.)
497497 8 Section 20. The Illinois Vehicle Code is amended by
498498 9 changing Section 11-208.3 as follows:
499499 10 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
500500 11 Sec. 11-208.3. Administrative adjudication of violations
501501 12 of traffic regulations concerning the standing, parking, or
502502 13 condition of vehicles, automated traffic law violations, and
503503 14 automated speed enforcement system violations.
504504 15 (a) Any municipality or county may provide by ordinance
505505 16 for a system of administrative adjudication of vehicular
506506 17 standing and parking violations and vehicle compliance
507507 18 violations as described in this subsection, automated traffic
508508 19 law violations as defined in Section 11-208.6, 11-208.9, or
509509 20 11-1201.1, and automated speed enforcement system violations
510510 21 as defined in Section 11-208.8. The administrative system
511511 22 shall have as its purpose the fair and efficient enforcement
512512 23 of municipal or county regulations through the administrative
513513 24 adjudication of automated speed enforcement system or
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524524 1 automated traffic law violations and violations of municipal
525525 2 or county ordinances regulating the standing and parking of
526526 3 vehicles, the condition and use of vehicle equipment, and the
527527 4 display of municipal or county wheel tax licenses within the
528528 5 municipality's or county's borders. The administrative system
529529 6 shall only have authority to adjudicate civil offenses
530530 7 carrying fines not in excess of $500 or requiring the
531531 8 completion of a traffic education program, or both, that occur
532532 9 after the effective date of the ordinance adopting such a
533533 10 system under this Section. For purposes of this Section,
534534 11 "compliance violation" means a violation of a municipal or
535535 12 county regulation governing the condition or use of equipment
536536 13 on a vehicle or governing the display of a municipal or county
537537 14 wheel tax license.
538538 15 (b) Any ordinance establishing a system of administrative
539539 16 adjudication under this Section shall provide for:
540540 17 (1) A traffic compliance administrator authorized to
541541 18 adopt, distribute, and process parking, compliance, and
542542 19 automated speed enforcement system or automated traffic
543543 20 law violation notices and other notices required by this
544544 21 Section, collect money paid as fines and penalties for
545545 22 violation of parking and compliance ordinances and
546546 23 automated speed enforcement system or automated traffic
547547 24 law violations, and operate an administrative adjudication
548548 25 system.
549549 26 (2) A parking, standing, compliance, automated speed
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560560 1 enforcement system, or automated traffic law violation
561561 2 notice that shall specify or include the date, time, and
562562 3 place of violation of a parking, standing, compliance,
563563 4 automated speed enforcement system, or automated traffic
564564 5 law regulation; the particular regulation violated; any
565565 6 requirement to complete a traffic education program; the
566566 7 fine and any penalty that may be assessed for late payment
567567 8 or failure to complete a required traffic education
568568 9 program, or both, when so provided by ordinance; the
569569 10 vehicle make or a photograph of the vehicle; the state
570570 11 registration number of the vehicle; and the identification
571571 12 number of the person issuing the notice. With regard to
572572 13 automated speed enforcement system or automated traffic
573573 14 law violations, vehicle make shall be specified on the
574574 15 automated speed enforcement system or automated traffic
575575 16 law violation notice if the notice does not include a
576576 17 photograph of the vehicle and the make is available and
577577 18 readily discernible. With regard to municipalities or
578578 19 counties with a population of 1 million or more, it shall
579579 20 be grounds for dismissal of a parking violation if the
580580 21 state registration number or vehicle make specified is
581581 22 incorrect. The violation notice shall state that the
582582 23 completion of any required traffic education program, the
583583 24 payment of any indicated fine, and the payment of any
584584 25 applicable penalty for late payment or failure to complete
585585 26 a required traffic education program, or both, shall
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596596 1 operate as a final disposition of the violation. The
597597 2 notice also shall contain information as to the
598598 3 availability of a hearing in which the violation may be
599599 4 contested on its merits. The violation notice shall
600600 5 specify the time and manner in which a hearing may be had.
601601 6 (3) Service of a parking, standing, or compliance
602602 7 violation notice by: (i) affixing the original or a
603603 8 facsimile of the notice to an unlawfully parked or
604604 9 standing vehicle; (ii) handing the notice to the operator
605605 10 of a vehicle if he or she is present; or (iii) mailing the
606606 11 notice to the address of the registered owner or lessee of
607607 12 the cited vehicle as recorded with the Secretary of State
608608 13 or the lessor of the motor vehicle within 30 days after the
609609 14 Secretary of State or the lessor of the motor vehicle
610610 15 notifies the municipality or county of the identity of the
611611 16 owner or lessee of the vehicle, but not later than 90 days
612612 17 after the date of the violation, except that in the case of
613613 18 a lessee of a motor vehicle, service of a parking,
614614 19 standing, or compliance violation notice may occur no
615615 20 later than 210 days after the violation; and service of an
616616 21 automated speed enforcement system or automated traffic
617617 22 law violation notice by mail to the address of the
618618 23 registered owner or lessee of the cited vehicle as
619619 24 recorded with the Secretary of State or the lessor of the
620620 25 motor vehicle within 30 days after the Secretary of State
621621 26 or the lessor of the motor vehicle notifies the
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632632 1 municipality or county of the identity of the owner or
633633 2 lessee of the vehicle, but not later than 90 days after the
634634 3 violation, except that in the case of a lessee of a motor
635635 4 vehicle, service of an automated traffic law violation
636636 5 notice may occur no later than 210 days after the
637637 6 violation. A person authorized by ordinance to issue and
638638 7 serve parking, standing, and compliance violation notices
639639 8 shall certify as to the correctness of the facts entered
640640 9 on the violation notice by signing his or her name to the
641641 10 notice at the time of service or, in the case of a notice
642642 11 produced by a computerized device, by signing a single
643643 12 certificate to be kept by the traffic compliance
644644 13 administrator attesting to the correctness of all notices
645645 14 produced by the device while it was under his or her
646646 15 control. In the case of an automated traffic law
647647 16 violation, the ordinance shall require a determination by
648648 17 a technician employed or contracted by the municipality or
649649 18 county that, based on inspection of recorded images, the
650650 19 motor vehicle was being operated in violation of Section
651651 20 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
652652 21 the technician determines that the vehicle entered the
653653 22 intersection as part of a funeral procession or in order
654654 23 to yield the right-of-way to an emergency vehicle, a
655655 24 citation shall not be issued. In municipalities with a
656656 25 population of less than 1,000,000 inhabitants and counties
657657 26 with a population of less than 3,000,000 inhabitants, the
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668668 1 automated traffic law ordinance shall require that all
669669 2 determinations by a technician that a motor vehicle was
670670 3 being operated in violation of Section 11-208.6, 11-208.9,
671671 4 or 11-1201.1 or a local ordinance must be reviewed and
672672 5 approved by a law enforcement officer or retired law
673673 6 enforcement officer of the municipality or county issuing
674674 7 the violation. In municipalities with a population of
675675 8 1,000,000 or more inhabitants and counties with a
676676 9 population of 3,000,000 or more inhabitants, the automated
677677 10 traffic law ordinance shall require that all
678678 11 determinations by a technician that a motor vehicle was
679679 12 being operated in violation of Section 11-208.6, 11-208.9,
680680 13 or 11-1201.1 or a local ordinance must be reviewed and
681681 14 approved by a law enforcement officer or retired law
682682 15 enforcement officer of the municipality or county issuing
683683 16 the violation or by an additional fully trained reviewing
684684 17 technician who is not employed by the contractor who
685685 18 employs the technician who made the initial determination.
686686 19 In the case of an automated speed enforcement system
687687 20 violation, the ordinance shall require a determination by
688688 21 a technician employed by the municipality, based upon an
689689 22 inspection of recorded images, video or other
690690 23 documentation, including documentation of the speed limit
691691 24 and automated speed enforcement signage, and documentation
692692 25 of the inspection, calibration, and certification of the
693693 26 speed equipment, that the vehicle was being operated in
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704704 1 violation of Article VI of Chapter 11 of this Code or a
705705 2 similar local ordinance. If the technician determines that
706706 3 the vehicle speed was not determined by a calibrated,
707707 4 certified speed equipment device based upon the speed
708708 5 equipment documentation, or if the vehicle was an
709709 6 emergency vehicle, a citation may not be issued. The
710710 7 automated speed enforcement ordinance shall require that
711711 8 all determinations by a technician that a violation
712712 9 occurred be reviewed and approved by a law enforcement
713713 10 officer or retired law enforcement officer of the
714714 11 municipality issuing the violation or by an additional
715715 12 fully trained reviewing technician who is not employed by
716716 13 the contractor who employs the technician who made the
717717 14 initial determination. Routine and independent calibration
718718 15 of the speeds produced by automated speed enforcement
719719 16 systems and equipment shall be conducted annually by a
720720 17 qualified technician. Speeds produced by an automated
721721 18 speed enforcement system shall be compared with speeds
722722 19 produced by lidar or other independent equipment. Radar or
723723 20 lidar equipment shall undergo an internal validation test
724724 21 no less frequently than once each week. Qualified
725725 22 technicians shall test loop-based equipment no less
726726 23 frequently than once a year. Radar equipment shall be
727727 24 checked for accuracy by a qualified technician when the
728728 25 unit is serviced, when unusual or suspect readings
729729 26 persist, or when deemed necessary by a reviewing
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740740 1 technician. Radar equipment shall be checked with the
741741 2 internal frequency generator and the internal circuit test
742742 3 whenever the radar is turned on. Technicians must be alert
743743 4 for any unusual or suspect readings, and if unusual or
744744 5 suspect readings of a radar unit persist, that unit shall
745745 6 immediately be removed from service and not returned to
746746 7 service until it has been checked by a qualified
747747 8 technician and determined to be functioning properly.
748748 9 Documentation of the annual calibration results, including
749749 10 the equipment tested, test date, technician performing the
750750 11 test, and test results, shall be maintained and available
751751 12 for use in the determination of an automated speed
752752 13 enforcement system violation and issuance of a citation.
753753 14 The technician performing the calibration and testing of
754754 15 the automated speed enforcement equipment shall be trained
755755 16 and certified in the use of equipment for speed
756756 17 enforcement purposes. Training on the speed enforcement
757757 18 equipment may be conducted by law enforcement, civilian,
758758 19 or manufacturer's personnel and if applicable may be
759759 20 equivalent to the equipment use and operations training
760760 21 included in the Speed Measuring Device Operator Program
761761 22 developed by the National Highway Traffic Safety
762762 23 Administration (NHTSA). The vendor or technician who
763763 24 performs the work shall keep accurate records on each
764764 25 piece of equipment the technician calibrates and tests. As
765765 26 used in this paragraph, "fully trained reviewing
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776776 1 technician" means a person who has received at least 40
777777 2 hours of supervised training in subjects which shall
778778 3 include image inspection and interpretation, the elements
779779 4 necessary to prove a violation, license plate
780780 5 identification, and traffic safety and management. In all
781781 6 municipalities and counties, the automated speed
782782 7 enforcement system or automated traffic law ordinance
783783 8 shall require that no additional fee shall be charged to
784784 9 the alleged violator for exercising his or her right to an
785785 10 administrative hearing, and persons shall be given at
786786 11 least 25 days following an administrative hearing to pay
787787 12 any civil penalty imposed by a finding that Section
788788 13 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
789789 14 local ordinance has been violated. The original or a
790790 15 facsimile of the violation notice or, in the case of a
791791 16 notice produced by a computerized device, a printed record
792792 17 generated by the device showing the facts entered on the
793793 18 notice, shall be retained by the traffic compliance
794794 19 administrator, and shall be a record kept in the ordinary
795795 20 course of business. A parking, standing, compliance,
796796 21 automated speed enforcement system, or automated traffic
797797 22 law violation notice issued, signed, and served in
798798 23 accordance with this Section, a copy of the notice, or the
799799 24 computer-generated record shall be prima facie correct and
800800 25 shall be prima facie evidence of the correctness of the
801801 26 facts shown on the notice. The notice, copy, or
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812812 1 computer-generated record shall be admissible in any
813813 2 subsequent administrative or legal proceedings.
814814 3 (4) An opportunity for a hearing for the registered
815815 4 owner of the vehicle cited in the parking, standing,
816816 5 compliance, automated speed enforcement system, or
817817 6 automated traffic law violation notice in which the owner
818818 7 may contest the merits of the alleged violation, and
819819 8 during which formal or technical rules of evidence shall
820820 9 not apply; provided, however, that under Section 11-1306
821821 10 of this Code the lessee of a vehicle cited in the violation
822822 11 notice likewise shall be provided an opportunity for a
823823 12 hearing of the same kind afforded the registered owner.
824824 13 All oral testimony given at the hearing shall be under
825825 14 oath. The hearings shall be recorded, and the person
826826 15 conducting the hearing on behalf of the traffic compliance
827827 16 administrator shall be empowered to administer oaths and
828828 17 to secure by subpoena both the attendance and testimony of
829829 18 witnesses and the production of relevant books and papers.
830830 19 During the hearing, a citation or notice of violation
831831 20 sworn to under oath or affirmation taken under
832832 21 certification under Section 1-109 of the Code of Civil
833833 22 Procedure is prima facie evidence of the correctness of
834834 23 the facts specified therein and the standard for rebutting
835835 24 this presumption is a preponderance of the evidence.
836836 25 Persons appearing at a hearing under this Section may be
837837 26 represented by counsel at their expense. The ordinance may
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848848 1 also provide for internal administrative review following
849849 2 the decision of the hearing officer.
850850 3 (5) Service of additional notices, sent by first class
851851 4 United States mail, postage prepaid, to the address of the
852852 5 registered owner of the cited vehicle as recorded with the
853853 6 Secretary of State or, if any notice to that address is
854854 7 returned as undeliverable, to the last known address
855855 8 recorded in a United States Post Office approved database,
856856 9 or, under Section 11-1306 or subsection (p) of Section
857857 10 11-208.6 or 11-208.9, or subsection (p) of Section
858858 11 11-208.8 of this Code, to the lessee of the cited vehicle
859859 12 at the last address known to the lessor of the cited
860860 13 vehicle at the time of lease or, if any notice to that
861861 14 address is returned as undeliverable, to the last known
862862 15 address recorded in a United States Post Office approved
863863 16 database. The service shall be deemed complete as of the
864864 17 date of deposit in the United States mail. The notices
865865 18 shall be in the following sequence and shall include, but
866866 19 not be limited to, the information specified herein:
867867 20 (i) A second notice of parking, standing, or
868868 21 compliance violation if the first notice of the
869869 22 violation was issued by affixing the original or a
870870 23 facsimile of the notice to the unlawfully parked
871871 24 vehicle or by handing the notice to the operator. This
872872 25 notice shall specify or include the date and location
873873 26 of the violation cited in the parking, standing, or
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884884 1 compliance violation notice, the particular regulation
885885 2 violated, the vehicle make or a photograph of the
886886 3 vehicle, the state registration number of the vehicle,
887887 4 any requirement to complete a traffic education
888888 5 program, the fine and any penalty that may be assessed
889889 6 for late payment or failure to complete a traffic
890890 7 education program, or both, when so provided by
891891 8 ordinance, the availability of a hearing in which the
892892 9 violation may be contested on its merits, and the time
893893 10 and manner in which the hearing may be had. The notice
894894 11 of violation shall also state that failure to complete
895895 12 a required traffic education program, to pay the
896896 13 indicated fine and any applicable penalty, or to
897897 14 appear at a hearing on the merits in the time and
898898 15 manner specified, will result in a final determination
899899 16 of violation liability for the cited violation in the
900900 17 amount of the fine or penalty indicated, and that,
901901 18 upon the occurrence of a final determination of
902902 19 violation liability for the failure, and the
903903 20 exhaustion of, or failure to exhaust, available
904904 21 administrative or judicial procedures for review, any
905905 22 incomplete traffic education program or any unpaid
906906 23 fine or penalty, or both, will constitute a debt due
907907 24 and owing the municipality or county.
908908 25 (ii) A notice of final determination of parking,
909909 26 standing, compliance, automated speed enforcement
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920920 1 system, or automated traffic law violation liability.
921921 2 This notice shall be sent following a final
922922 3 determination of parking, standing, compliance,
923923 4 automated speed enforcement system, or automated
924924 5 traffic law violation liability and the conclusion of
925925 6 judicial review procedures taken under this Section.
926926 7 The notice shall state that the incomplete traffic
927927 8 education program or the unpaid fine or penalty, or
928928 9 both, is a debt due and owing the municipality or
929929 10 county. The notice shall contain warnings that failure
930930 11 to complete any required traffic education program or
931931 12 to pay any fine or penalty due and owing the
932932 13 municipality or county, or both, within the time
933933 14 specified may result in the municipality's or county's
934934 15 filing of a petition in the Circuit Court to have the
935935 16 incomplete traffic education program or unpaid fine or
936936 17 penalty, or both, rendered a judgment as provided by
937937 18 this Section, or, where applicable, may result in
938938 19 suspension of the person's driver's license for
939939 20 failure to complete a traffic education program.
940940 21 (6) A notice of impending driver's license suspension.
941941 22 This notice shall be sent to the person liable for failure
942942 23 to complete a required traffic education program. The
943943 24 notice shall state that failure to complete a required
944944 25 traffic education program within 45 days of the notice's
945945 26 date will result in the municipality or county notifying
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956956 1 the Secretary of State that the person is eligible for
957957 2 initiation of suspension proceedings under Section 6-306.5
958958 3 of this Code. The notice shall also state that the person
959959 4 may obtain a photostatic copy of an original ticket
960960 5 imposing a fine or penalty by sending a self-addressed,
961961 6 stamped envelope to the municipality or county along with
962962 7 a request for the photostatic copy. The notice of
963963 8 impending driver's license suspension shall be sent by
964964 9 first class United States mail, postage prepaid, to the
965965 10 address recorded with the Secretary of State or, if any
966966 11 notice to that address is returned as undeliverable, to
967967 12 the last known address recorded in a United States Post
968968 13 Office approved database.
969969 14 (7) Final determinations of violation liability. A
970970 15 final determination of violation liability shall occur
971971 16 following failure to complete the required traffic
972972 17 education program or to pay the fine or penalty, or both,
973973 18 after a hearing officer's determination of violation
974974 19 liability and the exhaustion of or failure to exhaust any
975975 20 administrative review procedures provided by ordinance.
976976 21 Where a person fails to appear at a hearing to contest the
977977 22 alleged violation in the time and manner specified in a
978978 23 prior mailed notice, the hearing officer's determination
979979 24 of violation liability shall become final: (A) upon denial
980980 25 of a timely petition to set aside that determination, or
981981 26 (B) upon expiration of the period for filing the petition
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992992 1 without a filing having been made.
993993 2 (8) A petition to set aside a determination of
994994 3 parking, standing, compliance, automated speed enforcement
995995 4 system, or automated traffic law violation liability that
996996 5 may be filed by a person owing an unpaid fine or penalty. A
997997 6 petition to set aside a determination of liability may
998998 7 also be filed by a person required to complete a traffic
999999 8 education program. The petition shall be filed with and
10001000 9 ruled upon by the traffic compliance administrator in the
10011001 10 manner and within the time specified by ordinance. The
10021002 11 grounds for the petition may be limited to: (A) the person
10031003 12 not having been the owner or lessee of the cited vehicle on
10041004 13 the date the violation notice was issued, (B) the person
10051005 14 having already completed the required traffic education
10061006 15 program or paid the fine or penalty, or both, for the
10071007 16 violation in question, and (C) excusable failure to appear
10081008 17 at or request a new date for a hearing. With regard to
10091009 18 municipalities or counties with a population of 1 million
10101010 19 or more, it shall be grounds for dismissal of a parking
10111011 20 violation if the state registration number or vehicle
10121012 21 make, only if specified in the violation notice, is
10131013 22 incorrect. After the determination of parking, standing,
10141014 23 compliance, automated speed enforcement system, or
10151015 24 automated traffic law violation liability has been set
10161016 25 aside upon a showing of just cause, the registered owner
10171017 26 shall be provided with a hearing on the merits for that
10181018
10191019
10201020
10211021
10221022
10231023 HB3536 - 28 - LRB104 07558 RTM 17602 b
10241024
10251025
10261026 HB3536- 29 -LRB104 07558 RTM 17602 b HB3536 - 29 - LRB104 07558 RTM 17602 b
10271027 HB3536 - 29 - LRB104 07558 RTM 17602 b
10281028 1 violation.
10291029 2 (9) Procedures for non-residents. Procedures by which
10301030 3 persons who are not residents of the municipality or
10311031 4 county may contest the merits of the alleged violation
10321032 5 without attending a hearing.
10331033 6 (10) A schedule of civil fines for violations of
10341034 7 vehicular standing, parking, compliance, automated speed
10351035 8 enforcement system, or automated traffic law regulations
10361036 9 enacted by ordinance pursuant to this Section, and a
10371037 10 schedule of penalties for late payment of the fines or
10381038 11 failure to complete required traffic education programs,
10391039 12 provided, however, that the total amount of the fine and
10401040 13 penalty for any one violation shall not exceed $250,
10411041 14 except as provided in subsection (c) of Section 11-1301.3
10421042 15 of this Code.
10431043 16 (11) Other provisions as are necessary and proper to
10441044 17 carry into effect the powers granted and purposes stated
10451045 18 in this Section.
10461046 19 (b-5) An automated speed enforcement system or automated
10471047 20 traffic law ordinance adopted under this Section by a
10481048 21 municipality or county shall require that the determination to
10491049 22 issue a citation be vested solely with the municipality or
10501050 23 county and that such authority may not be delegated to any
10511051 24 vendor retained by the municipality or county. Any contract or
10521052 25 agreement violating such a provision in the ordinance is null
10531053 26 and void.
10541054
10551055
10561056
10571057
10581058
10591059 HB3536 - 29 - LRB104 07558 RTM 17602 b
10601060
10611061
10621062 HB3536- 30 -LRB104 07558 RTM 17602 b HB3536 - 30 - LRB104 07558 RTM 17602 b
10631063 HB3536 - 30 - LRB104 07558 RTM 17602 b
10641064 1 (c) Any municipality or county establishing vehicular
10651065 2 standing, parking, compliance, automated speed enforcement
10661066 3 system, or automated traffic law regulations under this
10671067 4 Section may also provide by ordinance for a program of vehicle
10681068 5 immobilization for the purpose of facilitating enforcement of
10691069 6 those regulations. The program of vehicle immobilization shall
10701070 7 provide for immobilizing any eligible vehicle upon the public
10711071 8 way by presence of a restraint in a manner to prevent operation
10721072 9 of the vehicle. Any ordinance establishing a program of
10731073 10 vehicle immobilization under this Section shall provide:
10741074 11 (1) Criteria for the designation of vehicles eligible
10751075 12 for immobilization. A vehicle shall be eligible for
10761076 13 immobilization when the registered owner of the vehicle
10771077 14 has accumulated the number of incomplete traffic education
10781078 15 programs or unpaid final determinations of parking,
10791079 16 standing, compliance, automated speed enforcement system,
10801080 17 or automated traffic law violation liability, or both, as
10811081 18 determined by ordinance.
10821082 19 (2) A notice of impending vehicle immobilization and a
10831083 20 right to a hearing to challenge the validity of the notice
10841084 21 by disproving liability for the incomplete traffic
10851085 22 education programs or unpaid final determinations of
10861086 23 parking, standing, compliance, automated speed enforcement
10871087 24 system, or automated traffic law violation liability, or
10881088 25 both, listed on the notice.
10891089 26 (3) The right to a prompt hearing after a vehicle has
10901090
10911091
10921092
10931093
10941094
10951095 HB3536 - 30 - LRB104 07558 RTM 17602 b
10961096
10971097
10981098 HB3536- 31 -LRB104 07558 RTM 17602 b HB3536 - 31 - LRB104 07558 RTM 17602 b
10991099 HB3536 - 31 - LRB104 07558 RTM 17602 b
11001100 1 been immobilized or subsequently towed without the
11011101 2 completion of the required traffic education program or
11021102 3 payment of the outstanding fines and penalties on parking,
11031103 4 standing, compliance, automated speed enforcement system,
11041104 5 or automated traffic law violations, or both, for which
11051105 6 final determinations have been issued. An order issued
11061106 7 after the hearing is a final administrative decision
11071107 8 within the meaning of Section 3-101 of the Code of Civil
11081108 9 Procedure.
11091109 10 (4) A post immobilization and post-towing notice
11101110 11 advising the registered owner of the vehicle of the right
11111111 12 to a hearing to challenge the validity of the impoundment.
11121112 13 (d) Judicial review of final determinations of parking,
11131113 14 standing, compliance, automated speed enforcement system, or
11141114 15 automated traffic law violations and final administrative
11151115 16 decisions issued after hearings regarding vehicle
11161116 17 immobilization and impoundment made under this Section shall
11171117 18 be subject to the provisions of the Administrative Review Law.
11181118 19 (e) Any fine, penalty, incomplete traffic education
11191119 20 program, or part of any fine or any penalty remaining unpaid
11201120 21 after the exhaustion of, or the failure to exhaust,
11211121 22 administrative remedies created under this Section and the
11221122 23 conclusion of any judicial review procedures shall be a debt
11231123 24 due and owing the municipality or county and, as such, may be
11241124 25 collected in accordance with applicable law. Completion of any
11251125 26 required traffic education program and payment in full of any
11261126
11271127
11281128
11291129
11301130
11311131 HB3536 - 31 - LRB104 07558 RTM 17602 b
11321132
11331133
11341134 HB3536- 32 -LRB104 07558 RTM 17602 b HB3536 - 32 - LRB104 07558 RTM 17602 b
11351135 HB3536 - 32 - LRB104 07558 RTM 17602 b
11361136 1 fine or penalty resulting from a standing, parking,
11371137 2 compliance, automated speed enforcement system, or automated
11381138 3 traffic law violation shall constitute a final disposition of
11391139 4 that violation.
11401140 5 (f) After the expiration of the period within which
11411141 6 judicial review may be sought for a final determination of
11421142 7 parking, standing, compliance, automated speed enforcement
11431143 8 system, or automated traffic law violation, the municipality
11441144 9 or county may commence a proceeding in the Circuit Court for
11451145 10 purposes of obtaining a judgment on the final determination of
11461146 11 violation. Nothing in this Section shall prevent a
11471147 12 municipality or county from consolidating multiple final
11481148 13 determinations of parking, standing, compliance, automated
11491149 14 speed enforcement system, or automated traffic law violations
11501150 15 against a person in a proceeding. Upon commencement of the
11511151 16 action, the municipality or county shall file a certified copy
11521152 17 or record of the final determination of parking, standing,
11531153 18 compliance, automated speed enforcement system, or automated
11541154 19 traffic law violation, which shall be accompanied by a
11551155 20 certification that recites facts sufficient to show that the
11561156 21 final determination of violation was issued in accordance with
11571157 22 this Section and the applicable municipal or county ordinance.
11581158 23 Service of the summons and a copy of the petition may be by any
11591159 24 method provided by Section 2-203 of the Code of Civil
11601160 25 Procedure or by certified mail, return receipt requested,
11611161 26 provided that the total amount of fines and penalties for
11621162
11631163
11641164
11651165
11661166
11671167 HB3536 - 32 - LRB104 07558 RTM 17602 b
11681168
11691169
11701170 HB3536- 33 -LRB104 07558 RTM 17602 b HB3536 - 33 - LRB104 07558 RTM 17602 b
11711171 HB3536 - 33 - LRB104 07558 RTM 17602 b
11721172 1 final determinations of parking, standing, compliance,
11731173 2 automated speed enforcement system, or automated traffic law
11741174 3 violations does not exceed $2500. If the court is satisfied
11751175 4 that the final determination of parking, standing, compliance,
11761176 5 automated speed enforcement system, or automated traffic law
11771177 6 violation was entered in accordance with the requirements of
11781178 7 this Section and the applicable municipal or county ordinance,
11791179 8 and that the registered owner or the lessee, as the case may
11801180 9 be, had an opportunity for an administrative hearing and for
11811181 10 judicial review as provided in this Section, the court shall
11821182 11 render judgment in favor of the municipality or county and
11831183 12 against the registered owner or the lessee for the amount
11841184 13 indicated in the final determination of parking, standing,
11851185 14 compliance, automated speed enforcement system, or automated
11861186 15 traffic law violation, plus costs. The judgment shall have the
11871187 16 same effect and may be enforced in the same manner as other
11881188 17 judgments for the recovery of money.
11891189 18 (g) The fee for participating in a traffic education
11901190 19 program under this Section shall not exceed $25.
11911191 20 A low-income individual required to complete a traffic
11921192 21 education program under this Section who provides proof of
11931193 22 eligibility for the federal earned income tax credit under
11941194 23 Section 32 of the Internal Revenue Code or the Illinois earned
11951195 24 income tax credit under Section 212 of the Illinois Income Tax
11961196 25 Act shall not be required to pay any fee for participating in a
11971197 26 required traffic education program.
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11991199
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12011201
12021202
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12041204
12051205
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12071207 HB3536 - 34 - LRB104 07558 RTM 17602 b
12081208 1 (h) Notwithstanding any other provision of law to the
12091209 2 contrary, a person shall not be liable for violations, fees,
12101210 3 fines, or penalties under this Section during the period in
12111211 4 which the motor vehicle was stolen or hijacked, as indicated
12121212 5 in a report to the appropriate law enforcement agency filed in
12131213 6 a timely manner.
12141214 7 (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
12151215 8 103-364, eff. 7-28-23.)
12161216 9 Section 25. The Criminal Code of 2012 is amended by
12171217 10 changing Section 32-2 as follows:
12181218 11 (720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
12191219 12 Sec. 32-2. Perjury.
12201220 13 (a) A person commits perjury when, under oath,
12211221 14 certification, or affirmation, in a proceeding or in any other
12221222 15 matter where by law the oath, certification, or affirmation is
12231223 16 required, he or she makes a false statement, material to the
12241224 17 issue or point in question, knowing the statement is false.
12251225 18 (b) Proof of Falsity.
12261226 19 An indictment or information for perjury alleging that the
12271227 20 offender, under oath, certification, or affirmation, has
12281228 21 knowingly made contradictory statements, material to the issue
12291229 22 or point in question, in the same or in different proceedings,
12301230 23 where the oath, certification, or affirmation is required,
12311231 24 need not specify which statement is false. At the trial, the
12321232
12331233
12341234
12351235
12361236
12371237 HB3536 - 34 - LRB104 07558 RTM 17602 b
12381238
12391239
12401240 HB3536- 35 -LRB104 07558 RTM 17602 b HB3536 - 35 - LRB104 07558 RTM 17602 b
12411241 HB3536 - 35 - LRB104 07558 RTM 17602 b
12421242 1 prosecution need not establish which statement is false.
12431243 2 (c) Admission of Falsity.
12441244 3 Where the contradictory statements are made in the same
12451245 4 continuous trial, an admission by the offender in that same
12461246 5 continuous trial of the falsity of a contradictory statement
12471247 6 shall bar prosecution therefor under any provisions of this
12481248 7 Code.
12491249 8 (d) A person shall be exempt from prosecution under
12501250 9 subsection (a) of this Section if he or she is a peace officer
12511251 10 who uses a false or fictitious name in the enforcement of the
12521252 11 criminal laws, and this use is approved in writing as provided
12531253 12 in Section 10-1 of "The Liquor Control Act of 1934", as
12541254 13 amended, Section 5 of "An Act in relation to the use of an
12551255 14 assumed name in the conduct or transaction of business in this
12561256 15 State", approved July 17, 1941, as amended, or Section
12571257 16 2605-200 of the Illinois State Police Law. However, this
12581258 17 exemption shall not apply to testimony in judicial proceedings
12591259 18 where the identity of the peace officer is material to the
12601260 19 issue, and he or she is ordered by the court to disclose his or
12611261 20 her identity.
12621262 21 (e) Sentence.
12631263 22 Perjury is a Class 3 felony.
12641264 23 (Source: P.A. 102-538, eff. 8-20-21.)
12651265 24 Section 30. The Local Governmental and Governmental
12661266 25 Employees Tort Immunity Act is amended by adding Sections
12671267
12681268
12691269
12701270
12711271
12721272 HB3536 - 35 - LRB104 07558 RTM 17602 b
12731273
12741274
12751275 HB3536- 36 -LRB104 07558 RTM 17602 b HB3536 - 36 - LRB104 07558 RTM 17602 b
12761276 HB3536 - 36 - LRB104 07558 RTM 17602 b
12771277 1 1-211 and 2-215 as follows:
12781278 2 (745 ILCS 10/1-211 new)
12791279 3 Sec. 1-211. "Administrative law judge" means an
12801280 4 independent contractor or employee compensated by a local
12811281 5 public entity who serves in a quasi-judicial function
12821282 6 regardless of the independent contractor's title.
12831283 7 (745 ILCS 10/2-215 new)
12841284 8 Sec. 2-215. Administrative law judge and hearing officer.
12851285 9 An administrative law judge or hearing officer is not
12861286 10 answerable personally in law or equity for the direct or
12871287 11 indirect consequences of any finding of fact or conclusion of
12881288 12 law made by the administrative law judge or hearing officer in
12891289 13 the course of the administrative law judge's or hearing
12901290 14 officer's official duties.
12911291 HB3536- 37 -LRB104 07558 RTM 17602 b 1 INDEX 2 Statutes amended in order of appearance HB3536- 37 -LRB104 07558 RTM 17602 b HB3536 - 37 - LRB104 07558 RTM 17602 b 1 INDEX 2 Statutes amended in order of appearance
12921292 HB3536- 37 -LRB104 07558 RTM 17602 b HB3536 - 37 - LRB104 07558 RTM 17602 b
12931293 HB3536 - 37 - LRB104 07558 RTM 17602 b
12941294 1 INDEX
12951295 2 Statutes amended in order of appearance
12961296
12971297
12981298
12991299
13001300
13011301 HB3536 - 36 - LRB104 07558 RTM 17602 b
13021302
13031303
13041304
13051305 HB3536- 37 -LRB104 07558 RTM 17602 b HB3536 - 37 - LRB104 07558 RTM 17602 b
13061306 HB3536 - 37 - LRB104 07558 RTM 17602 b
13071307 1 INDEX
13081308 2 Statutes amended in order of appearance
13091309
13101310
13111311
13121312
13131313
13141314 HB3536 - 37 - LRB104 07558 RTM 17602 b