Bill Text: IL SB2103 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning automated traffic law enforcement systems.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2103 Detail]

Download: Illinois-2011-SB2103-Amended.html

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Sen. Martin A. Sandoval

Filed: 4/11/2011

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AMENDMENT TO SENATE BILL 2103
AMENDMENT NO. ______. Amend Senate Bill 2103, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 15, 25, and 30 and by adding Sections 50 and
55 as follows:
(625 ILCS 7/15)
Sec. 15. Definitions. As used in this Act:
(a) "Automated traffic control system" means a
photographic device, radar device, laser device, or other
electrical or mechanical device or devices designed to record
the speed of a vehicle and obtain a clear photograph or other
recorded image of the vehicle, the vehicle operator, and the
vehicle's registration plate while the driver is violating

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Section 11-605.1 of the Illinois Vehicle Code. The photograph
or other recorded image must also display the time, date, and
location of the violation. A law enforcement officer is not
required to be present or to witness the violation. The term
"automated traffic control system" excludes an automated speed
enforcement system as described in Section 50 of this Act.
(b) "Construction or maintenance zone" means an area in
which the Department of Transportation or the Illinois State
Toll Highway Authority has determined that the preexisting
established speed limit through a highway construction or
maintenance project is greater than is reasonable or safe with
respect to the conditions expected to exist in the construction
or maintenance zone and has posted a lower speed limit with a
highway construction or maintenance zone special speed limit
sign in accordance with Section 11-605.1 of the Illinois
Vehicle Code.
(c) "Owner" means the person or entity to whom the vehicle
is registered.
(Source: P.A. 93-947, eff. 8-19-04.)
(625 ILCS 7/25)
Sec. 25. Limitations on the use of automated traffic
enforcement systems.
(a) The Department of State Police must conduct a public
information campaign to inform drivers about the use of
automated traffic control systems in highway construction or

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maintenance zones before establishing any of those systems. The
information campaign must provide 30 days' notice of the use of
a new automated traffic control system prior to the issuance of
any citations through the automated traffic control system. The
Department of State Police shall adopt rules for implementing
this subsection (a).
(b) Signs indicating that speeds are enforced by automated
traffic control systems must be clearly posted in the areas
where the systems are in use. The signs shall contain the
amount of the fine for a violation.
(c) Operation of automated traffic control systems is
limited to areas where road construction or maintenance is
occurring.
(d) Photographs obtained in this manner may only be used as
evidence in relation to a violation of Section 11-605.1 of the
Illinois Vehicle Code for which the photograph is taken. The
photographs are available only to the owner of the vehicle, the
offender and the offender's attorney, the judiciary, the local
State's Attorney, and law enforcement officials.
(e) If the driver of the vehicle cannot be identified
through the photograph, the owner is not liable for the fine,
and the citation may not be counted against the driving record
of the owner. If the driver can be identified, the driver is
liable for the fine, and the violation is counted against his
or her driving record.
(Source: P.A. 93-947, eff. 8-19-04.)

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(625 ILCS 7/30)
Sec. 30. Requirements for issuance of a citation.
(a) The vehicle, vehicle operator, vehicle registration
plate, speed, date, time, and location must be clearly visible
on the photograph or other recorded image of the alleged
violation.
(b) A Uniform Traffic Citation must be mailed or otherwise
delivered to the registered owner of the vehicle. If mailed,
the citation must be sent via certified mail within 14 business
days of the alleged violation, return receipt requested.
(c) The Uniform Traffic Citation must include:
(1) the name and address of the vehicle owner;
(2) the registration number of the vehicle;
(3) the offense charged;
(4) the time, date, and location of the violation;
(5) the first available court date; and
(6) notice that the basis of the citation is the
photograph or recorded image from the automated traffic
control system; and .
(7) a copy of the recorded image or images.
(d) The Uniform Traffic Citation issued to the violator
must be accompanied by a written document that lists the
violator's rights and obligations and explains how the violator
can elect to proceed by either paying the fine or challenging
the issuance of the Uniform Traffic Citation.

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(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/50 new)
Sec. 50. Automated speed enforcement systems.
(a) Nothwithstanding any other provisions contained in
this Act, the Department of Transportation may install an
automated speed enforcement system within a highway
construction or maintenance zone under its jurisdiction and
impose civil penalties under this Section. Nothwithstanding
any other provisions contained in this Act, the Illinois State
Toll Highway Authority may install an automated speed
enforcement system within a highway construction or
maintenance zone under its jurisdiction and impose civil
penalties under this Section.
(b) As used in this Section:
"Automated speed enforcement system" means an unmanned
photographic device, radar device, laser device, or other
electrical or mechanical device or devices installed in a
highway construction or maintenance zone designed to record the
speed of a vehicle and obtain a clear photograph or other
recorded image of the vehicle and the vehicle's registration
plate while the driver is violating Section 11-605.1 of the
Illinois Vehicle Code. The recorded image must also display the
time, date, and location of the violation. A law enforcement
officer is not required to be present or to witness the

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violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and, on
at least one image or portion of the recording, clearly
identifying the registration plate number of the motor
vehicle.
(c) A body having jurisdiction over the highway
construction or maintenance zone that produces a recorded image
of a motor vehicle's violation of a provision of this Section
must make the recorded images of a violation accessible to the
alleged violator by providing the alleged violator with a
website address, accessible through the Internet.
(d) Notwithstanding any other consequence imposed for any
similar violation of the Illinois Vehicle Code, the penalty for
and consequence of a traffic violation recorded by an automated
speed enforcement system is a civil fine of $150. Of the $150
fine, $50 shall be deposited into the Transportation Safety
Highway Hire-back Fund. Unless the driver of the motor vehicle
received a Uniform Traffic Citation, the motor vehicle owner is
subject to the civil penalty under this subsection (c), plus an

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additional penalty of not more than $150 for failure to pay the
original penalty in a timely manner, if the motor vehicle is
recorded by an automated speed enforcement system. Of the
additional penalty, $50 shall be deposited into the
Transportation Safety Highway Hire-back Fund. A violation for
which a civil penalty is imposed under this Section is not a
violation of a traffic regulation governing the movement of
vehicles and may not be recorded on the driving record of the
owner of the vehicle.
(e) For each violation of a provision of this Section
recorded by an automated speed enforcement system, the body
having jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered owner
of the vehicle, by mail, within 30 days after the Secretary of
State notifies the body having jurisdiction of the identity of
the owner of the vehicle, but in no event later than 90 days
after the violation.
(f) The notice shall include:
(1) the name and address of the registered owner of the
vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the date, time, and location where the violation
occurred;

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(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(9) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(g) All determinations by a technician that a motor vehicle
was being operated in violation of Section 11-605.1 must be
inspected and approved by the Illinois State Police.
(h) Based on inspection of recorded images produced by an
automated speed enforcement system, a notice alleging that the
violation occurred shall be evidence of the facts contained in
the notice and admissible in any proceeding alleging a
violation under the Illinois Vehicle Code.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any

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recorded image evidencing a violation of the Illinois Vehicle
Code, however, may be admissible in any proceeding resulting
from the issuance of the citation.
(j) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates of
the motor vehicle were stolen before the violation occurred
and not under the control of or in the possession of the
owner at the time of the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation for the same offence; and
(3) any other evidence or issues provided by
administrative rule.
(k) To demonstrate that the motor vehicle or the
registration plates were stolen before the violation occurred
and were not under the control or possession of the owner at
the time of the violation, the owner must submit proof that a
report concerning the stolen motor vehicle or registration
plates was filed with a law enforcement agency in a timely
manner.
(l) A road equipped with an automated speed enforcement
system shall be posted with a sign that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced.
(m) A road where a new automated speed enforcement system
is installed shall be posted with signs providing 30 days

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notice of the use of a new automated speed enforcement system
prior to the issuance of any citations through the automated
speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) The Illinois Department of Transportation shall adopt
rules to implement the administrative adjudication of
violations under this Section which take place within a highway
construction or maintenance zone under its jurisdiction. The
Illinois State Toll Highway Authority shall adopt rules to
implement the administrative adjudication of violations under
this Section which take place within a highway construction or
maintenance zone under its jurisdiction.
(p) This Section is repealed 2 years after the effective
date of this amendatory Act of the 97th General Assembly.
(625 ILCS 7/55 new)
Sec. 55. Construction of Act. If any Section, sentence,
clause, or part of this Act is for any reason held to be
unconstitutional, such decision shall not affect the remaining
portions of this Act. The General Assembly hereby declares that
it would have passed this Act, and each Section, sentence,
clause, or part thereof, irrespective of the fact that one or

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more Sections, sentences, clauses, or parts might be declared
unconstitutional.
Section 99. Effective date. This Act takes effect upon
becoming law.".