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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4373 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Removes DuPage county, and the municipalities located within it, from provisions regarding the applicability of a Section under the Code concerning automated traffic law enforcement systems.
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| | A BILL FOR |
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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 11-208.6 as follows:
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6 | | (625 ILCS 5/11-208.6)
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7 | | Sec. 11-208.6. Automated traffic law enforcement system.
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8 | | (a) As used in this Section, "automated traffic law |
9 | | enforcement
system" means a device with one or more motor |
10 | | vehicle sensors working
in conjunction with a red light signal |
11 | | to produce recorded images of
motor vehicles entering an |
12 | | intersection against a red signal
indication in violation of |
13 | | Section 11-306 of this Code or a similar provision
of a local |
14 | | ordinance.
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15 | | An
automated traffic law enforcement system is a system, in |
16 | | a municipality or
county operated by a
governmental agency, |
17 | | that
produces a recorded image of a motor vehicle's
violation |
18 | | of a provision of this Code or a local ordinance
and is |
19 | | designed to obtain a clear recorded image of the
vehicle and |
20 | | the vehicle's license plate. The recorded image must also
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21 | | display the time, date, and location of the violation.
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22 | | (b) As used in this Section, "recorded images" means images
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23 | | recorded by an automated traffic law enforcement system on:
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1 | | (1) 2 or more photographs;
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2 | | (2) 2 or more microphotographs;
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3 | | (3) 2 or more electronic images; or
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4 | | (4) a video recording showing the motor vehicle and, on |
5 | | at
least one image or portion of the recording, clearly |
6 | | identifying the
registration plate number of the motor |
7 | | vehicle.
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8 | | (b-5) A municipality or
county that
produces a recorded |
9 | | image of a motor vehicle's
violation of a provision of this |
10 | | Code or a local ordinance must make the recorded images of a |
11 | | violation accessible to the alleged violator by providing the |
12 | | alleged violator with a website address, accessible through the |
13 | | Internet. |
14 | | (c) Except as provided under Section 11-208.8 of this Code, |
15 | | a county or municipality, including a home rule county or |
16 | | municipality, may not use an automated traffic law enforcement |
17 | | system to provide recorded images of a motor vehicle for the |
18 | | purpose of recording its speed. Except as provided under |
19 | | Section 11-208.8 of this Code, the regulation of the use of |
20 | | automated traffic law enforcement systems to record vehicle |
21 | | speeds is an exclusive power and function of the State. This |
22 | | subsection (c) is a denial and limitation of home rule powers |
23 | | and functions under subsection (h) of Section 6 of Article VII |
24 | | of the Illinois Constitution.
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25 | | (c-5) A county or municipality, including a home rule |
26 | | county or municipality, may not use an automated traffic law |
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1 | | enforcement system to issue violations in instances where the |
2 | | motor vehicle comes to a complete stop and does not enter the |
3 | | intersection, as defined by Section 1-132 of this Code, during |
4 | | the cycle of the red signal indication unless one or more |
5 | | pedestrians or bicyclists are present, even if the motor |
6 | | vehicle stops at a point past a stop line or crosswalk where a |
7 | | driver is required to stop, as specified in subsection (c) of |
8 | | Section 11-306 of this Code or a similar provision of a local |
9 | | ordinance. |
10 | | (c-6) A county, or a municipality with less than 2,000,000 |
11 | | inhabitants, including a home rule county or municipality, may |
12 | | not use an automated traffic law enforcement system to issue |
13 | | violations in instances where a motorcyclist enters an |
14 | | intersection against a red signal
indication when the red |
15 | | signal fails to change to a green signal within a reasonable |
16 | | period of time not less than 120 seconds because of a signal |
17 | | malfunction or because the signal has failed to detect the |
18 | | arrival of the motorcycle due to the motorcycle's size or |
19 | | weight. |
20 | | (d) For each violation of a provision of this Code or a |
21 | | local ordinance
recorded by an automatic
traffic law |
22 | | enforcement system, the county or municipality having
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23 | | jurisdiction shall issue a written notice of the
violation to |
24 | | the registered owner of the vehicle as the alleged
violator. |
25 | | The notice shall be delivered to the registered
owner of the |
26 | | vehicle, by mail, within 30 days after the Secretary of State |
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1 | | notifies the municipality or county of the identity of the |
2 | | owner of the vehicle, but in no event later than 90 days after |
3 | | the violation.
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4 | | The notice shall include:
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5 | | (1) the name and address of the registered owner of the
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6 | | vehicle;
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7 | | (2) the registration number of the motor vehicle
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8 | | involved in the violation;
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9 | | (3) the violation charged;
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10 | | (4) the location where the violation occurred;
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11 | | (5) the date and time of the violation;
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12 | | (6) a copy of the recorded images;
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13 | | (7) the amount of the civil penalty imposed and the |
14 | | requirements of any traffic education program imposed and |
15 | | the date
by which the civil penalty should be paid and the |
16 | | traffic education program should be completed;
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17 | | (8) a statement that recorded images are evidence of a
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18 | | violation of a red light signal;
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19 | | (9) a warning that failure to pay the civil penalty, to |
20 | | complete a required traffic education program, or to
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21 | | contest liability in a timely manner is an admission of
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22 | | liability and may result in a suspension of the driving
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23 | | privileges of the registered owner of the vehicle;
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24 | | (10) a statement that the person may elect to proceed |
25 | | by:
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26 | | (A) paying the fine, completing a required traffic |
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1 | | education program, or both; or
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2 | | (B) challenging the charge in court, by mail, or by |
3 | | administrative hearing; and
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4 | | (11) a website address, accessible through the |
5 | | Internet, where the person may view the recorded images of |
6 | | the violation. |
7 | | (e) If a person
charged with a traffic violation, as a |
8 | | result of an automated traffic law
enforcement system, does not |
9 | | pay the fine or complete a required traffic education program, |
10 | | or both, or successfully contest the civil
penalty resulting |
11 | | from that violation, the Secretary of State shall suspend the
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12 | | driving privileges of the
registered owner of the vehicle under |
13 | | Section 6-306.5 of this Code for failing
to complete a required |
14 | | traffic education program or to pay any fine or penalty
due and |
15 | | owing, or both, as a result of a combination of 5 violations of |
16 | | the automated traffic law
enforcement system or the automated |
17 | | speed enforcement system under Section 11-208.8 of this Code.
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18 | | (f) Based on inspection of recorded images produced by an
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19 | | automated traffic law enforcement system, a notice alleging |
20 | | that the violation occurred shall be evidence of the facts |
21 | | contained
in the notice and admissible in any proceeding |
22 | | alleging a
violation under this Section.
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23 | | (g) Recorded images made by an automatic traffic law
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24 | | enforcement system are confidential and shall be made
available |
25 | | only to the alleged violator and governmental and
law |
26 | | enforcement agencies for purposes of adjudicating a
violation |
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1 | | of this Section, for statistical purposes, or for other |
2 | | governmental purposes. Any recorded image evidencing a
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3 | | violation of this Section, however, may be admissible in
any |
4 | | proceeding resulting from the issuance of the citation.
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5 | | (h) The court or hearing officer may consider in defense of |
6 | | a violation:
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7 | | (1) that the motor vehicle or registration plates of |
8 | | the motor
vehicle were stolen before the violation occurred |
9 | | and not
under the control of or in the possession of the |
10 | | owner at
the time of the violation;
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11 | | (2) that the driver of the vehicle passed through the
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12 | | intersection when the light was red either (i) in order to
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13 | | yield the right-of-way to an emergency vehicle or (ii) as
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14 | | part of a funeral procession; and
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15 | | (3) any other evidence or issues provided by municipal |
16 | | or county ordinance.
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17 | | (i) To demonstrate that the motor vehicle or the |
18 | | registration
plates were stolen before the violation occurred |
19 | | and were not under the
control or possession of the owner at |
20 | | the time of the violation, the
owner must submit proof that a |
21 | | report concerning the stolen
motor vehicle or registration |
22 | | plates was filed with a law enforcement agency in a timely |
23 | | manner.
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24 | | (j) Unless the driver of the motor vehicle received a |
25 | | Uniform
Traffic Citation from a police officer at the time of |
26 | | the violation,
the motor vehicle owner is subject to a civil |
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1 | | penalty not exceeding
$100 or the completion of a traffic |
2 | | education program, or both, plus an additional penalty of not |
3 | | more than $100 for failure to pay the original penalty or to |
4 | | complete a required traffic education program, or both, in a |
5 | | timely manner, if the motor vehicle is recorded by an automated |
6 | | traffic law
enforcement system. A violation for which a civil |
7 | | penalty is imposed
under this Section is not a violation of a |
8 | | traffic regulation governing
the movement of vehicles and may |
9 | | not be recorded on the driving record
of the owner of the |
10 | | vehicle.
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11 | | (j-3) A registered owner who is a holder of a valid |
12 | | commercial driver's license is not required to complete a |
13 | | traffic education program. |
14 | | (j-5) For purposes of the required traffic education |
15 | | program only, a registered owner may submit an affidavit to the |
16 | | court or hearing officer swearing that at the time of the |
17 | | alleged violation, the vehicle was in the custody and control |
18 | | of another person. The affidavit must identify the person in |
19 | | custody and control of the vehicle, including the person's name |
20 | | and current address. The person in custody and control of the |
21 | | vehicle at the time of the violation is required to complete |
22 | | the required traffic education program. If the person in |
23 | | custody and control of the vehicle at the time of the violation |
24 | | completes the required traffic education program, the |
25 | | registered owner of the vehicle is not required to complete a |
26 | | traffic education program. |
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1 | | (k) An intersection equipped with an automated traffic law
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2 | | enforcement system must be posted with a sign visible to |
3 | | approaching traffic
indicating that the intersection is being |
4 | | monitored by an automated
traffic law enforcement system. |
5 | | (k-3) A municipality or
county that has one or more |
6 | | intersections equipped with an automated traffic law
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7 | | enforcement system must provide notice to drivers by posting |
8 | | the locations of automated traffic law systems on the |
9 | | municipality or county website.
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10 | | (k-5) An intersection equipped with an automated traffic |
11 | | law
enforcement system must have a yellow change interval that |
12 | | conforms with the Illinois Manual on Uniform Traffic Control |
13 | | Devices (IMUTCD) published by the Illinois Department of |
14 | | Transportation. |
15 | | (k-7) A municipality or county operating an automated |
16 | | traffic law enforcement system shall conduct a statistical |
17 | | analysis to assess the safety impact of each automated traffic |
18 | | law enforcement system at an intersection following |
19 | | installation of the system. The statistical analysis shall be |
20 | | based upon the best available crash, traffic, and other data, |
21 | | and shall cover a period of time before and after installation |
22 | | of the system sufficient to provide a statistically valid |
23 | | comparison of safety impact. The statistical analysis shall be |
24 | | consistent with professional judgment and acceptable industry |
25 | | practice. The statistical analysis also shall be consistent |
26 | | with the data required for valid comparisons of before and |
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1 | | after conditions and shall be conducted within a reasonable |
2 | | period following the installation of the automated traffic law |
3 | | enforcement system. The statistical analysis required by this |
4 | | subsection (k-7) shall be made available to the public and |
5 | | shall be published on the website of the municipality or |
6 | | county. If the statistical analysis for the 36 month period |
7 | | following installation of the system indicates that there has |
8 | | been an increase in the rate of accidents at the approach to |
9 | | the intersection monitored by the system, the municipality or |
10 | | county shall undertake additional studies to determine the |
11 | | cause and severity of the accidents, and may take any action |
12 | | that it determines is necessary or appropriate to reduce the |
13 | | number or severity of the accidents at that intersection. |
14 | | (l) The compensation paid for an automated traffic law |
15 | | enforcement system
must be based on the value of the equipment |
16 | | or the services provided and may
not be based on the number of |
17 | | traffic citations issued or the revenue generated
by the |
18 | | system.
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19 | | (m) This Section applies only to the counties of Cook, |
20 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
21 | | to municipalities located within those counties.
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22 | | (n) The fee for participating in a traffic education |
23 | | program under this Section shall not exceed $25. |
24 | | A low-income individual required to complete a traffic |
25 | | education program under this Section who provides proof of |
26 | | eligibility for the federal earned income tax credit under |
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1 | | Section 32 of the Internal Revenue Code or the Illinois earned |
2 | | income tax credit under Section 212 of the Illinois Income Tax |
3 | | Act shall not be required to pay any fee for participating in a |
4 | | required traffic education program. |
5 | | (o) A municipality or county shall make a certified report |
6 | | to the Secretary of State pursuant to Section 6-306.5 of this |
7 | | Code whenever a registered owner of a vehicle has failed to pay |
8 | | any
fine or penalty due and owing as a result of a combination |
9 | | of 5 offenses for automated traffic
law or speed enforcement |
10 | | system violations. |
11 | | (p) No person who is the lessor of a motor vehicle pursuant |
12 | | to a written lease agreement shall be liable for an automated |
13 | | speed or traffic law enforcement system violation involving |
14 | | such motor vehicle during the period of the lease; provided |
15 | | that upon the request of the appropriate authority received |
16 | | within 120 days after the violation occurred, the lessor |
17 | | provides within 60 days after such receipt the name and address |
18 | | of the lessee. The drivers license number of a lessee may be |
19 | | subsequently individually requested by the appropriate |
20 | | authority if needed for enforcement of this Section. |
21 | | Upon the provision of information by the lessor pursuant to |
22 | | this subsection, the county or municipality may issue the |
23 | | violation to the lessee of the vehicle in the same manner as it |
24 | | would issue a violation to a registered owner of a vehicle |
25 | | pursuant to this Section, and the lessee may be held liable for |
26 | | the violation. |