Bill Text: IL SB3608 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that 30 days after the effective date of the bill, the Department of Transportation shall conduct a study evaluating automated traffic law enforcement systems in this State. Provides that on or before January 1, 2021, the Department shall file a report with the General Assembly with the results from the study, including input from local law enforcement, improvements, if any, to public safety after the installation of an automated traffic law enforcement system, and annual fatalities at intersections before and after an automated traffic law enforcement system was installed, or over the last 5 years, and any recommendations the Department deems necessary. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3608 Detail]

Download: Illinois-2019-SB3608-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3608 Introduced 2/13/2020, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.6
Amends the Illinois Vehicle Code. Provides that 30 days after the effective date of the bill, the Department of Transportation shall conduct a study evaluating automated traffic law enforcement systems in this State. Provides that on or before January 1, 2021, the Department shall file a report with the General Assembly with the results from the study, including input from local law enforcement, improvements, if any, to public safety after the installation of an automated traffic law enforcement system, and annual fatalities at intersections before and after an automated traffic law enforcement system was installed, or over the last 5 years, and any recommendations the Department deems necessary. Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-208.6 as follows:
(625 ILCS 5/11-208.6)
Sec. 11-208.6. Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law
enforcement system" means a device with one or more motor
vehicle sensors working in conjunction with a red light signal
to produce recorded images of motor vehicles entering an
intersection against a red signal indication in violation of
Section 11-306 of this Code or a similar provision of a local
ordinance.
An automated traffic law enforcement system is a system, in
a municipality or county operated by a governmental agency,
that produces a recorded image of a motor vehicle's violation
of a provision of this Code or a local ordinance and is
designed to obtain a clear recorded image of the vehicle and
the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:

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(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 or digital registration
plate number of the motor vehicle.
(b-5) A municipality or county that produces a recorded
image of a motor vehicle's violation of a provision of this
Code or a local ordinance 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.
(c) Except as provided under Section 11-208.8 of this Code,
a county or municipality, including a home rule county or
municipality, may not use an automated traffic law enforcement
system to provide recorded images of a motor vehicle for the
purpose of recording its speed. Except as provided under
Section 11-208.8 of this Code, the regulation of the use of
automated traffic law enforcement systems to record vehicle
speeds is an exclusive power and function of the State. This
subsection (c) is a denial and limitation of home rule powers
and functions under subsection (h) of Section 6 of Article VII
of the Illinois Constitution.
(c-5) A county or municipality, including a home rule
county or municipality, may not use an automated traffic law

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enforcement system to issue violations in instances where the
motor vehicle comes to a complete stop and does not enter the
intersection, as defined by Section 1-132 of this Code, during
the cycle of the red signal indication unless one or more
pedestrians or bicyclists are present, even if the motor
vehicle stops at a point past a stop line or crosswalk where a
driver is required to stop, as specified in subsection (c) of
Section 11-306 of this Code or a similar provision of a local
ordinance.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time not less than 120 seconds because of a signal
malfunction or because the signal has failed to detect the
arrival of the motorcycle due to the motorcycle's size or
weight.
(d) For each violation of a provision of this Code or a
local ordinance recorded by an automatic traffic law
enforcement system, the county or municipality 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

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notifies the municipality or county of the identity of the
owner of the vehicle, but in no event later than 90 days after
the violation.
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 location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
requirements of any traffic education program imposed and
the date by which the civil penalty should be paid and the
traffic education program should be completed;
(8) a statement that recorded images are evidence of a
violation of a red light signal;
(9) a warning that failure to pay the civil penalty, to
complete a required traffic education program, or to
contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle;
(10) a statement that the person may elect to proceed
by:
(A) paying the fine, completing a required traffic

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education program, or both; or
(B) challenging the charge in court, by mail, or by
administrative hearing; and
(11) a website address, accessible through the
Internet, where the person may view the recorded images of
the violation.
(e) If a person charged with a traffic violation, as a
result of an automated traffic law enforcement system, does not
pay the fine or complete a required traffic education program,
or both, or successfully contest the civil penalty resulting
from that violation, the Secretary of State shall suspend the
driving privileges of the registered owner of the vehicle under
Section 6-306.5 of this Code for failing to complete a required
traffic education program or to pay any fine or penalty due and
owing, or both, as a result of a combination of 5 violations of
the automated traffic law enforcement system or the automated
speed enforcement system under Section 11-208.8 of this Code.
(f) Based on inspection of recorded images produced by an
automated traffic law 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 this Section.
(g) Recorded images made by an automatic traffic law
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

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of this Section, for statistical purposes, or for other
governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of
a violation:
(1) that the motor vehicle or registration plates or
digital 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 vehicle passed through the
intersection when the light was red either (i) in order to
yield the right-of-way to an emergency vehicle or (ii) as
part of a funeral procession; and
(3) any other evidence or issues provided by municipal
or county ordinance.
(i) To demonstrate that the motor vehicle or the
registration plates or digital 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.
(j) Unless the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time of

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the violation, the motor vehicle owner is subject to a civil
penalty not exceeding $100 or the completion of a traffic
education program, or both, plus an additional penalty of not
more than $100 for failure to pay the original penalty or to
complete a required traffic education program, or both, in a
timely manner, if the motor vehicle is recorded by an automated
traffic law enforcement system. 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.
(j-3) A registered owner who is a holder of a valid
commercial driver's license is not required to complete a
traffic education program.
(j-5) For purposes of the required traffic education
program only, a registered owner may submit an affidavit to the
court or hearing officer swearing that at the time of the
alleged violation, the vehicle was in the custody and control
of another person. The affidavit must identify the person in
custody and control of the vehicle, including the person's name
and current address. The person in custody and control of the
vehicle at the time of the violation is required to complete
the required traffic education program. If the person in
custody and control of the vehicle at the time of the violation
completes the required traffic education program, the
registered owner of the vehicle is not required to complete a

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traffic education program.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to
approaching traffic indicating that the intersection is being
monitored by an automated traffic law enforcement system.
(k-3) A municipality or county that has one or more
intersections equipped with an automated traffic law
enforcement system must provide notice to drivers by posting
the locations of automated traffic law systems on the
municipality or county website.
(k-5) An intersection equipped with an automated traffic
law enforcement system must have a yellow change interval that
conforms with the Illinois Manual on Uniform Traffic Control
Devices (IMUTCD) published by the Illinois Department of
Transportation.
(k-7) A municipality or county operating an automated
traffic law enforcement system shall conduct a statistical
analysis to assess the safety impact of each automated traffic
law enforcement system at an intersection following
installation of the system. The statistical analysis shall be
based upon the best available crash, traffic, and other data,
and shall cover a period of time before and after installation
of the system sufficient to provide a statistically valid
comparison of safety impact. The statistical analysis shall be
consistent with professional judgment and acceptable industry
practice. The statistical analysis also shall be consistent

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with the data required for valid comparisons of before and
after conditions and shall be conducted within a reasonable
period following the installation of the automated traffic law
enforcement system. The statistical analysis required by this
subsection (k-7) shall be made available to the public and
shall be published on the website of the municipality or
county. If the statistical analysis for the 36 month period
following installation of the system indicates that there has
been an increase in the rate of accidents at the approach to
the intersection monitored by the system, the municipality or
county shall undertake additional studies to determine the
cause and severity of the accidents, and may take any action
that it determines is necessary or appropriate to reduce the
number or severity of the accidents at that intersection.
(k-10) Thirty days after the effective date of this
amendatory Act of the 101st General Assembly, the Department
shall conduct a study evaluating automated traffic law
enforcement systems in this State. On or before January 1,
2021, the Department shall file a report with the General
Assembly which shall include input from local law enforcement
on the overall operation, usage, permit process, and regulation
of automated traffic law enforcement systems, improvements, if
any, to public safety after the installation of an automated
traffic law enforcement system, and annual fatalities at
intersections before and after an automated traffic law
enforcement system was installed, or over the last 5 years, and

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any recommendations the Department deems necessary.
(l) The compensation paid for an automated traffic law
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.
(m) This Section applies only to the counties of Cook,
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
to municipalities located within those counties.
(n) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(o) A municipality or county shall make a certified report
to the Secretary of State pursuant to Section 6-306.5 of this
Code whenever a registered owner of a vehicle has failed to pay
any fine or penalty due and owing as a result of a combination
of 5 offenses for automated traffic law or speed enforcement
system violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated

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speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate
authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the county or municipality may issue the
violation to the lessee of the vehicle in the same manner as it
would issue a violation to a registered owner of a vehicle
pursuant to this Section, and the lessee may be held liable for
the violation.
(Source: P.A. 101-395, eff. 8-16-19.)