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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB0026 Introduced 1/27/2011, by Sen. Dan Duffy SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Provides that a county or municipality may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of issuing violations to persons driving a motor vehicle who enter an intersection to turn right against a red signal indication. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
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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) A county or municipality, including a home rule county |
| 15 | | or municipality, may not use an automated traffic law |
| 16 | | enforcement system to provide recorded images of a motor |
| 17 | | vehicle for the purpose of recording its speed. The regulation |
| 18 | | of the use of automated traffic law enforcement systems to |
| 19 | | record vehicle speeds is an exclusive power and function of the |
| 20 | | State. This subsection (c) is a denial and limitation of home |
| 21 | | rule powers and functions under subsection (h) of Section 6 of |
| 22 | | Article VII of the Illinois Constitution.
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| 23 | | (c-5) A county or municipality, including a home rule |
| 24 | | county or municipality, may not use an automated traffic law |
| 25 | | enforcement system to issue violations in instances where the |
| 26 | | motor vehicle comes to a complete stop and does not enter the |
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| 1 | | intersection, as defined by Section 1-132 of this Code, during |
| 2 | | the cycle of the red signal indication unless one or more |
| 3 | | pedestrians or bicyclists are present, even if the motor |
| 4 | | vehicle stops at a point past a stop line or crosswalk where a |
| 5 | | driver is required to stop, as specified in subsection (c) of |
| 6 | | Section 11-306 of this Code or a similar provision of a local |
| 7 | | ordinance. |
| 8 | | (c-10) A county or municipality, including a home rule |
| 9 | | county or municipality, may not use an automated traffic law |
| 10 | | enforcement system to provide recorded images of a motor |
| 11 | | vehicle for the purpose of issuing violations to persons |
| 12 | | driving a motor vehicle who enter an intersection to turn right |
| 13 | | against a red signal indication as described in paragraph 3 of |
| 14 | | subsection (c) of Section 11-306 of this Code or a similar |
| 15 | | provision of a local ordinance. |
| 16 | | (d) For each violation of a provision of this Code or a |
| 17 | | local ordinance
recorded by an automatic
traffic law |
| 18 | | enforcement system, the county or municipality having
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| 19 | | jurisdiction shall issue a written notice of the
violation to |
| 20 | | the registered owner of the vehicle as the alleged
violator. |
| 21 | | The notice shall be delivered to the registered
owner of the |
| 22 | | vehicle, by mail, within 30 days after the Secretary of State |
| 23 | | notifies the municipality or county of the identity of the |
| 24 | | owner of the vehicle, but in no event later than 90 days after |
| 25 | | the violation.
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| 26 | | The notice shall include:
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| 1 | | (1) the name and address of the registered owner of the
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| 2 | | vehicle;
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| 3 | | (2) the registration number of the motor vehicle
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| 4 | | involved in the violation;
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| 5 | | (3) the violation charged;
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| 6 | | (4) the location where the violation occurred;
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| 7 | | (5) the date and time of the violation;
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| 8 | | (6) a copy of the recorded images;
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| 9 | | (7) the amount of the civil penalty imposed and the |
| 10 | | requirements of any traffic education program imposed and |
| 11 | | the date
by which the civil penalty should be paid and the |
| 12 | | traffic education program should be completed;
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| 13 | | (8) a statement that recorded images are evidence of a
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| 14 | | violation of a red light signal;
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| 15 | | (9) a warning that failure to pay the civil penalty, to |
| 16 | | complete a required traffic education program, or to
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| 17 | | contest liability in a timely manner is an admission of
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| 18 | | liability and may result in a suspension of the driving
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| 19 | | privileges of the registered owner of the vehicle;
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| 20 | | (10) a statement that the person may elect to proceed |
| 21 | | by:
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| 22 | | (A) paying the fine, completing a required traffic |
| 23 | | education program, or both; or
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| 24 | | (B) challenging the charge in court, by mail, or by |
| 25 | | administrative hearing; and
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| 26 | | (11) a website address, accessible through the |
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| 1 | | Internet, where the person may view the recorded images of |
| 2 | | the violation. |
| 3 | | (e) If a person
charged with a traffic violation, as a |
| 4 | | result of an automated traffic law
enforcement system, does not |
| 5 | | pay the fine or complete a required traffic education program, |
| 6 | | or both, or successfully contest the civil
penalty resulting |
| 7 | | from that violation, the Secretary of State shall suspend the
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| 8 | | driving privileges of the
registered owner of the vehicle under |
| 9 | | Section 6-306.5 of this Code for failing
to complete a required |
| 10 | | traffic education program or to pay any fine or penalty
due and |
| 11 | | owing, or both, as a result of 5 violations of the automated |
| 12 | | traffic law
enforcement system.
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| 13 | | (f) Based on inspection of recorded images produced by an
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| 14 | | automated traffic law enforcement system, a notice alleging |
| 15 | | that the violation occurred shall be evidence of the facts |
| 16 | | contained
in the notice and admissible in any proceeding |
| 17 | | alleging a
violation under this Section.
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| 18 | | (g) Recorded images made by an automatic traffic law
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| 19 | | enforcement system are confidential and shall be made
available |
| 20 | | only to the alleged violator and governmental and
law |
| 21 | | enforcement agencies for purposes of adjudicating a
violation |
| 22 | | of this Section, for statistical purposes, or for other |
| 23 | | governmental purposes. Any recorded image evidencing a
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| 24 | | violation of this Section, however, may be admissible in
any |
| 25 | | proceeding resulting from the issuance of the citation.
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| 26 | | (h) The court or hearing officer may consider in defense of |
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| 1 | | a violation:
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| 2 | | (1) that the motor vehicle or registration plates of |
| 3 | | the motor
vehicle were stolen before the violation occurred |
| 4 | | and not
under the control of or in the possession of the |
| 5 | | owner at
the time of the violation;
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| 6 | | (2) that the driver of the vehicle passed through the
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| 7 | | intersection when the light was red either (i) in order to
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| 8 | | yield the right-of-way to an emergency vehicle or (ii) as
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| 9 | | part of a funeral procession; and
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| 10 | | (3) any other evidence or issues provided by municipal |
| 11 | | or county ordinance.
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| 12 | | (i) To demonstrate that the motor vehicle or the |
| 13 | | registration
plates were stolen before the violation occurred |
| 14 | | and were not under the
control or possession of the owner at |
| 15 | | the time of the violation, the
owner must submit proof that a |
| 16 | | report concerning the stolen
motor vehicle or registration |
| 17 | | plates was filed with a law enforcement agency in a timely |
| 18 | | manner.
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| 19 | | (j) Unless the driver of the motor vehicle received a |
| 20 | | Uniform
Traffic Citation from a police officer at the time of |
| 21 | | the violation,
the motor vehicle owner is subject to a civil |
| 22 | | penalty not exceeding
$100 or the completion of a traffic |
| 23 | | education program, or both, plus an additional penalty of not |
| 24 | | more than $100 for failure to pay the original penalty or to |
| 25 | | complete a required traffic education program, or both, in a |
| 26 | | timely manner, if the motor vehicle is recorded by an automated |
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| 1 | | traffic law
enforcement system. A violation for which a civil |
| 2 | | penalty is imposed
under this Section is not a violation of a |
| 3 | | traffic regulation governing
the movement of vehicles and may |
| 4 | | not be recorded on the driving record
of the owner of the |
| 5 | | vehicle.
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| 6 | | (j-3) A registered owner who is a holder of a valid |
| 7 | | commercial driver's license is not required to complete a |
| 8 | | traffic education program. |
| 9 | | (j-5) For purposes of the required traffic education |
| 10 | | program only, a registered owner may submit an affidavit to the |
| 11 | | court or hearing officer swearing that at the time of the |
| 12 | | alleged violation, the vehicle was in the custody and control |
| 13 | | of another person. The affidavit must identify the person in |
| 14 | | custody and control of the vehicle, including the person's name |
| 15 | | and current address. The person in custody and control of the |
| 16 | | vehicle at the time of the violation is required to complete |
| 17 | | the required traffic education program. If the person in |
| 18 | | custody and control of the vehicle at the time of the violation |
| 19 | | completes the required traffic education program, the |
| 20 | | registered owner of the vehicle is not required to complete a |
| 21 | | traffic education program. |
| 22 | | (k) An intersection equipped with an automated traffic law
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| 23 | | enforcement system must be posted with a sign visible to |
| 24 | | approaching traffic
indicating that the intersection is being |
| 25 | | monitored by an automated
traffic law enforcement system. |
| 26 | | (k-3) A municipality or
county that has one or more |
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| 1 | | intersections equipped with an automated traffic law
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| 2 | | enforcement system must provide notice to drivers by posting |
| 3 | | the locations of automated traffic law systems on the |
| 4 | | municipality or county website.
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| 5 | | (k-5) An intersection equipped with an automated traffic |
| 6 | | law
enforcement system must have a yellow change interval that |
| 7 | | conforms with the Illinois Manual on Uniform Traffic Control |
| 8 | | Devices (IMUTCD) published by the Illinois Department of |
| 9 | | Transportation. |
| 10 | | (k-7) A municipality or county operating an automated |
| 11 | | traffic law enforcement system shall conduct a statistical |
| 12 | | analysis to assess the safety impact of each automated traffic |
| 13 | | law enforcement system at an intersection following |
| 14 | | installation of the system. The statistical analysis shall be |
| 15 | | based upon the best available crash, traffic, and other data, |
| 16 | | and shall cover a period of time before and after installation |
| 17 | | of the system sufficient to provide a statistically valid |
| 18 | | comparison of safety impact. The statistical analysis shall be |
| 19 | | consistent with professional judgment and acceptable industry |
| 20 | | practice. The statistical analysis also shall be consistent |
| 21 | | with the data required for valid comparisons of before and |
| 22 | | after conditions and shall be conducted within a reasonable |
| 23 | | period following the installation of the automated traffic law |
| 24 | | enforcement system. The statistical analysis required by this |
| 25 | | subsection (k-7) shall be made available to the public and |
| 26 | | shall be published on the website of the municipality or |
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| 1 | | county. If the statistical analysis for the 36 month period |
| 2 | | following installation of the system indicates that there has |
| 3 | | been an increase in the rate of accidents at the approach to |
| 4 | | the intersection monitored by the system, the municipality or |
| 5 | | county shall undertake additional studies to determine the |
| 6 | | cause and severity of the accidents, and may take any action |
| 7 | | that it determines is necessary or appropriate to reduce the |
| 8 | | number or severity of the accidents at that intersection. |
| 9 | | (l) The compensation paid for an automated traffic law |
| 10 | | enforcement system
must be based on the value of the equipment |
| 11 | | or the services provided and may
not be based on the number of |
| 12 | | traffic citations issued or the revenue generated
by the |
| 13 | | system.
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| 14 | | (m) This Section applies only to the counties of Cook, |
| 15 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
| 16 | | to municipalities located within those counties.
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| 17 | | (n) The fee for participating in a traffic education |
| 18 | | program under this Section shall not exceed $25. |
| 19 | | A low-income individual required to complete a traffic |
| 20 | | education program under this Section who provides proof of |
| 21 | | eligibility for the federal earned income tax credit under |
| 22 | | Section 32 of the Internal Revenue Code or the Illinois earned |
| 23 | | income tax credit under Section 212 of the Illinois Income Tax |
| 24 | | Act shall not be required to pay any fee for participating in a |
| 25 | | required traffic education program. |
| 26 | | (o) A municipality or county shall make a certified report |