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Illinois Senate Bill SB1497

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1497 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1497 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.8 Amends the Illinois Vehicle Code. In provisions concerning automated speed enforcement systems in safety zones, provides that such provisions apply to home rule municipalities with over 35,000 or more inhabitants in a county with a population of 3,000,000 or more. Effective immediately. LRB104 10738 LNS 20817 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1497 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-208.8 625 ILCS 5/11-208.8 Amends the Illinois Vehicle Code. In provisions concerning automated speed enforcement systems in safety zones, provides that such provisions apply to home rule municipalities with over 35,000 or more inhabitants in a county with a population of 3,000,000 or more. Effective immediately. LRB104 10738 LNS 20817 b LRB104 10738 LNS 20817 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1497 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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55 Amends the Illinois Vehicle Code. In provisions concerning automated speed enforcement systems in safety zones, provides that such provisions apply to home rule municipalities with over 35,000 or more inhabitants in a county with a population of 3,000,000 or more. Effective immediately.
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1111 1 AN ACT concerning transportation.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Illinois Vehicle Code is amended by
1515 5 changing Section 11-208.8 as follows:
1616 6 (625 ILCS 5/11-208.8)
1717 7 Sec. 11-208.8. Automated speed enforcement systems in
1818 8 safety zones.
1919 9 (a) As used in this Section:
2020 10 "Automated speed enforcement system" means a photographic
2121 11 device, radar device, laser device, or other electrical or
2222 12 mechanical device or devices installed or utilized in a safety
2323 13 zone and designed to record the speed of a vehicle and obtain a
2424 14 clear photograph or other recorded image of the vehicle and
2525 15 the vehicle's registration plate or digital registration plate
2626 16 while the driver is violating Article VI of Chapter 11 of this
2727 17 Code or a similar provision of a local ordinance.
2828 18 An automated speed enforcement system is a system, located
2929 19 in a safety zone which is under the jurisdiction of a
3030 20 municipality, that produces a recorded image of a motor
3131 21 vehicle's violation of a provision of this Code or a local
3232 22 ordinance and is designed to obtain a clear recorded image of
3333 23 the vehicle and the vehicle's license plate. The recorded
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1497 Introduced 1/31/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3838 625 ILCS 5/11-208.8 625 ILCS 5/11-208.8
3939 625 ILCS 5/11-208.8
4040 Amends the Illinois Vehicle Code. In provisions concerning automated speed enforcement systems in safety zones, provides that such provisions apply to home rule municipalities with over 35,000 or more inhabitants in a county with a population of 3,000,000 or more. Effective immediately.
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6868 1 image must also display the time, date, and location of the
6969 2 violation.
7070 3 "Owner" means the person or entity to whom the vehicle is
7171 4 registered.
7272 5 "Recorded image" means images recorded by an automated
7373 6 speed enforcement system on:
7474 7 (1) 2 or more photographs;
7575 8 (2) 2 or more microphotographs;
7676 9 (3) 2 or more electronic images; or
7777 10 (4) a video recording showing the motor vehicle and,
7878 11 on at least one image or portion of the recording, clearly
7979 12 identifying the registration plate or digital registration
8080 13 plate number of the motor vehicle.
8181 14 "Safety zone" means an area that is within one-eighth of a
8282 15 mile from the nearest property line of any public or private
8383 16 elementary or secondary school, or from the nearest property
8484 17 line of any facility, area, or land owned by a school district
8585 18 that is used for educational purposes approved by the Illinois
8686 19 State Board of Education, not including school district
8787 20 headquarters or administrative buildings. A safety zone also
8888 21 includes an area that is within one-eighth of a mile from the
8989 22 nearest property line of any facility, area, or land owned by a
9090 23 park district used for recreational purposes. However, if any
9191 24 portion of a roadway is within either one-eighth mile radius,
9292 25 the safety zone also shall include the roadway extended to the
9393 26 furthest portion of the next furthest intersection. The term
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104104 1 "safety zone" does not include any portion of the roadway
105105 2 known as Lake Shore Drive or any controlled access highway
106106 3 with 8 or more lanes of traffic.
107107 4 (a-5) The automated speed enforcement system shall be
108108 5 operational and violations shall be recorded only at the
109109 6 following times:
110110 7 (i) if the safety zone is based upon the property line
111111 8 of any facility, area, or land owned by a school district,
112112 9 only on school days and no earlier than 6 a.m. and no later
113113 10 than 8:30 p.m. if the school day is during the period of
114114 11 Monday through Thursday, or 9 p.m. if the school day is a
115115 12 Friday; and
116116 13 (ii) if the safety zone is based upon the property
117117 14 line of any facility, area, or land owned by a park
118118 15 district, no earlier than one hour prior to the time that
119119 16 the facility, area, or land is open to the public or other
120120 17 patrons, and no later than one hour after the facility,
121121 18 area, or land is closed to the public or other patrons.
122122 19 (b) A municipality that produces a recorded image of a
123123 20 motor vehicle's violation of a provision of this Code or a
124124 21 local ordinance must make the recorded images of a violation
125125 22 accessible to the alleged violator by providing the alleged
126126 23 violator with a website address, accessible through the
127127 24 Internet.
128128 25 (c) Notwithstanding any penalties for any other violations
129129 26 of this Code, the owner of a motor vehicle used in a traffic
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140140 1 violation recorded by an automated speed enforcement system
141141 2 shall be subject to the following penalties:
142142 3 (1) if the recorded speed is no less than 6 miles per
143143 4 hour and no more than 10 miles per hour over the legal
144144 5 speed limit, a civil penalty not exceeding $50, plus an
145145 6 additional penalty of not more than $50 for failure to pay
146146 7 the original penalty in a timely manner; or
147147 8 (2) if the recorded speed is more than 10 miles per
148148 9 hour over the legal speed limit, a civil penalty not
149149 10 exceeding $100, plus an additional penalty of not more
150150 11 than $100 for failure to pay the original penalty in a
151151 12 timely manner.
152152 13 A penalty may not be imposed under this Section if the
153153 14 driver of the motor vehicle received a Uniform Traffic
154154 15 Citation from a police officer for a speeding violation
155155 16 occurring within one-eighth of a mile and 15 minutes of the
156156 17 violation that was recorded by the system. A violation for
157157 18 which a civil penalty is imposed under this Section is not a
158158 19 violation of a traffic regulation governing the movement of
159159 20 vehicles and may not be recorded on the driving record of the
160160 21 owner of the vehicle. A law enforcement officer is not
161161 22 required to be present or to witness the violation. No penalty
162162 23 may be imposed under this Section if the recorded speed of a
163163 24 vehicle is 5 miles per hour or less over the legal speed limit.
164164 25 The municipality may send, in the same manner that notices are
165165 26 sent under this Section, a speed violation warning notice
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176176 1 where the violation involves a speed of 5 miles per hour or
177177 2 less above the legal speed limit.
178178 3 (d) The net proceeds that a municipality receives from
179179 4 civil penalties imposed under an automated speed enforcement
180180 5 system, after deducting all non-personnel and personnel costs
181181 6 associated with the operation and maintenance of such system,
182182 7 shall be expended or obligated by the municipality for the
183183 8 following purposes:
184184 9 (i) public safety initiatives to ensure safe passage
185185 10 around schools, and to provide police protection and
186186 11 surveillance around schools and parks, including but not
187187 12 limited to: (1) personnel costs; and (2) non-personnel
188188 13 costs such as construction and maintenance of public
189189 14 safety infrastructure and equipment;
190190 15 (ii) initiatives to improve pedestrian and traffic
191191 16 safety;
192192 17 (iii) construction and maintenance of infrastructure
193193 18 within the municipality, including but not limited to
194194 19 roads and bridges; and
195195 20 (iv) after school programs.
196196 21 (e) For each violation of a provision of this Code or a
197197 22 local ordinance recorded by an automated speed enforcement
198198 23 system, the municipality having jurisdiction shall issue a
199199 24 written notice of the violation to the registered owner of the
200200 25 vehicle as the alleged violator. The notice shall be delivered
201201 26 to the registered owner of the vehicle, by mail, within 30 days
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212212 1 after the Secretary of State notifies the municipality of the
213213 2 identity of the owner of the vehicle, but in no event later
214214 3 than 90 days after the violation.
215215 4 (f) The notice required under subsection (e) of this
216216 5 Section shall include:
217217 6 (1) the name and address of the registered owner of
218218 7 the vehicle;
219219 8 (2) the registration number of the motor vehicle
220220 9 involved in the violation;
221221 10 (3) the violation charged;
222222 11 (4) the date, time, and location where the violation
223223 12 occurred;
224224 13 (5) a copy of the recorded image or images;
225225 14 (6) the amount of the civil penalty imposed and the
226226 15 date by which the civil penalty should be paid;
227227 16 (7) a statement that recorded images are evidence of a
228228 17 violation of a speed restriction;
229229 18 (8) a warning that failure to pay the civil penalty or
230230 19 to contest liability in a timely manner is an admission of
231231 20 liability;
232232 21 (9) a statement that the person may elect to proceed
233233 22 by:
234234 23 (A) paying the fine; or
235235 24 (B) challenging the charge in court, by mail, or
236236 25 by administrative hearing; and
237237 26 (10) a website address, accessible through the
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248248 1 Internet, where the person may view the recorded images of
249249 2 the violation.
250250 3 (g) (Blank).
251251 4 (h) Based on inspection of recorded images produced by an
252252 5 automated speed enforcement system, a notice alleging that the
253253 6 violation occurred shall be evidence of the facts contained in
254254 7 the notice and admissible in any proceeding alleging a
255255 8 violation under this Section.
256256 9 (i) Recorded images made by an automated speed enforcement
257257 10 system are confidential and shall be made available only to
258258 11 the alleged violator and governmental and law enforcement
259259 12 agencies for purposes of adjudicating a violation of this
260260 13 Section, for statistical purposes, or for other governmental
261261 14 purposes. Any recorded image evidencing a violation of this
262262 15 Section, however, may be admissible in any proceeding
263263 16 resulting from the issuance of the citation.
264264 17 (j) The court or hearing officer may consider in defense
265265 18 of a violation:
266266 19 (1) that the motor vehicle or registration plates or
267267 20 digital registration plates of the motor vehicle were
268268 21 stolen before the violation occurred and not under the
269269 22 control or in the possession of the owner or lessee at the
270270 23 time of the violation;
271271 24 (1.5) that the motor vehicle was hijacked before the
272272 25 violation occurred and not under the control of or in the
273273 26 possession of the owner or lessee at the time of the
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284284 1 violation;
285285 2 (2) that the driver of the motor vehicle received a
286286 3 Uniform Traffic Citation from a police officer for a
287287 4 speeding violation occurring within one-eighth of a mile
288288 5 and 15 minutes of the violation that was recorded by the
289289 6 system; and
290290 7 (3) any other evidence or issues provided by municipal
291291 8 ordinance.
292292 9 (k) To demonstrate that the motor vehicle was hijacked or
293293 10 the motor vehicle or registration plates or digital
294294 11 registration plates were stolen before the violation occurred
295295 12 and were not under the control or possession of the owner or
296296 13 lessee at the time of the violation, the owner or lessee must
297297 14 submit proof that a report concerning the motor vehicle or
298298 15 registration plates was filed with a law enforcement agency in
299299 16 a timely manner.
300300 17 (l) A roadway equipped with an automated speed enforcement
301301 18 system shall be posted with a sign conforming to the national
302302 19 Manual on Uniform Traffic Control Devices that is visible to
303303 20 approaching traffic stating that vehicle speeds are being
304304 21 photo-enforced and indicating the speed limit. The
305305 22 municipality shall install such additional signage as it
306306 23 determines is necessary to give reasonable notice to drivers
307307 24 as to where automated speed enforcement systems are installed.
308308 25 (m) A roadway where a new automated speed enforcement
309309 26 system is installed shall be posted with signs providing 30
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320320 1 days notice of the use of a new automated speed enforcement
321321 2 system prior to the issuance of any citations through the
322322 3 automated speed enforcement system.
323323 4 (n) The compensation paid for an automated speed
324324 5 enforcement system must be based on the value of the equipment
325325 6 or the services provided and may not be based on the number of
326326 7 traffic citations issued or the revenue generated by the
327327 8 system.
328328 9 (n-1) No member of the General Assembly and no officer or
329329 10 employee of a municipality or county shall knowingly accept
330330 11 employment or receive compensation or fees for services from a
331331 12 vendor that provides automated speed enforcement system
332332 13 equipment or services to municipalities or counties. No former
333333 14 member of the General Assembly shall, within a period of 2
334334 15 years immediately after the termination of service as a member
335335 16 of the General Assembly, knowingly accept employment or
336336 17 receive compensation or fees for services from a vendor that
337337 18 provides automated speed enforcement system equipment or
338338 19 services to municipalities or counties. No former officer or
339339 20 employee of a municipality or county shall, within a period of
340340 21 2 years immediately after the termination of municipal or
341341 22 county employment, knowingly accept employment or receive
342342 23 compensation or fees for services from a vendor that provides
343343 24 automated speed enforcement system equipment or services to
344344 25 municipalities or counties.
345345 26 (o) (Blank).
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356356 1 (p) No person who is the lessor of a motor vehicle pursuant
357357 2 to a written lease agreement shall be liable for an automated
358358 3 speed or traffic law enforcement system violation involving
359359 4 such motor vehicle during the period of the lease; provided
360360 5 that upon the request of the appropriate authority received
361361 6 within 120 days after the violation occurred, the lessor
362362 7 provides within 60 days after such receipt the name and
363363 8 address of the lessee. The drivers license number of a lessee
364364 9 may be subsequently individually requested by the appropriate
365365 10 authority if needed for enforcement of this Section.
366366 11 Upon the provision of information by the lessor pursuant
367367 12 to this subsection, the municipality may issue the violation
368368 13 to the lessee of the vehicle in the same manner as it would
369369 14 issue a violation to a registered owner of a vehicle pursuant
370370 15 to this Section, and the lessee may be held liable for the
371371 16 violation.
372372 17 (q) A municipality using an automated speed enforcement
373373 18 system must provide notice to drivers by publishing the
374374 19 locations of all safety zones where system equipment is
375375 20 installed on the website of the municipality.
376376 21 (r) A municipality operating an automated speed
377377 22 enforcement system shall conduct a statistical analysis to
378378 23 assess the safety impact of the system following installation
379379 24 of the system and every 2 years thereafter. A municipality
380380 25 operating an automated speed enforcement system before the
381381 26 effective date of this amendatory Act of the 103rd General
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392392 1 Assembly shall conduct a statistical analysis to assess the
393393 2 safety impact of the system by no later than one year after the
394394 3 effective date of this amendatory Act of the 103rd General
395395 4 Assembly and every 2 years thereafter. Each statistical
396396 5 analysis shall be based upon the best available crash,
397397 6 traffic, and other data, and shall cover a period of time
398398 7 before and after installation of the system sufficient to
399399 8 provide a statistically valid comparison of safety impact.
400400 9 Each statistical analysis shall be consistent with
401401 10 professional judgment and acceptable industry practice. Each
402402 11 statistical analysis also shall be consistent with the data
403403 12 required for valid comparisons of before and after conditions
404404 13 and shall be conducted within a reasonable period following
405405 14 the installation of the automated traffic law enforcement
406406 15 system. Each statistical analysis required by this subsection
407407 16 shall be made available to the public and shall be published on
408408 17 the website of the municipality.
409409 18 (s) This Section applies only to municipalities with a
410410 19 population of 1,000,000 or more inhabitants and home rule
411411 20 municipalities with over 35,000 or more inhabitants in a
412412 21 county with a population of 3,000,000 or more.
413413 22 (t) If a county or municipality selects a new vendor for
414414 23 its automated speed enforcement system and must, as a
415415 24 consequence, apply for a permit, approval, or other
416416 25 authorization from the Department for reinstallation of one or
417417 26 more malfunctioning components of that system and if, at the
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428428 1 time of the application for the permit, approval, or other
429429 2 authorization, the new vendor operates an automated speed
430430 3 enforcement system for any other county or municipality in the
431431 4 State, then the Department shall approve or deny the county or
432432 5 municipality's application for the permit, approval, or other
433433 6 authorization within 90 days after its receipt.
434434 7 (u) The Department may revoke any permit, approval, or
435435 8 other authorization granted to a county or municipality for
436436 9 the placement, installation, or operation of an automated
437437 10 speed enforcement system if any official or employee who
438438 11 serves that county or municipality is charged with bribery,
439439 12 official misconduct, or a similar crime related to the
440440 13 placement, installation, or operation of the automated speed
441441 14 enforcement system in the county or municipality.
442442 15 The Department shall adopt any rules necessary to
443443 16 implement and administer this subsection. The rules adopted by
444444 17 the Department shall describe the revocation process, shall
445445 18 ensure that notice of the revocation is provided, and shall
446446 19 provide an opportunity to appeal the revocation. Any county or
447447 20 municipality that has a permit, approval, or other
448448 21 authorization revoked under this subsection may not reapply
449449 22 for such a permit, approval, or other authorization for a
450450 23 period of 1 year after the revocation.
451451 24 (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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