100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5071

 

Introduced , by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Provides that before a municipality installs and operates an automated traffic law enforcement system, the municipality shall send a notification of its intention to install and operate an automated traffic law enforcement system to any municipalities within 15 miles of the municipality.


LRB100 17814 LNS 32993 b

 

 

A BILL FOR

 

HB5071LRB100 17814 LNS 32993 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (a-5) Before a municipality installs and operates an
23automated traffic law enforcement system, the municipality

 

 

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1shall send a notification of its intention to install and
2operate an automated traffic law enforcement system to any
3municipalities within 15 miles of the municipality.
4    (b) As used in this Section, "recorded images" means images
5recorded by an automated traffic law enforcement system on:
6        (1) 2 or more photographs;
7        (2) 2 or more microphotographs;
8        (3) 2 or more electronic images; or
9        (4) a video recording showing the motor vehicle and, on
10    at least one image or portion of the recording, clearly
11    identifying the registration plate number of the motor
12    vehicle.
13    (b-5) A municipality or county that produces a recorded
14image of a motor vehicle's violation of a provision of this
15Code or a local ordinance must make the recorded images of a
16violation accessible to the alleged violator by providing the
17alleged violator with a website address, accessible through the
18Internet.
19    (c) Except as provided under Section 11-208.8 of this Code,
20a county or municipality, including a home rule county or
21municipality, may not use an automated traffic law enforcement
22system to provide recorded images of a motor vehicle for the
23purpose of recording its speed. Except as provided under
24Section 11-208.8 of this Code, the regulation of the use of
25automated traffic law enforcement systems to record vehicle
26speeds is an exclusive power and function of the State. This

 

 

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1subsection (c) is a denial and limitation of home rule powers
2and functions under subsection (h) of Section 6 of Article VII
3of the Illinois Constitution.
4    (c-5) A county or municipality, including a home rule
5county or municipality, may not use an automated traffic law
6enforcement system to issue violations in instances where the
7motor vehicle comes to a complete stop and does not enter the
8intersection, as defined by Section 1-132 of this Code, during
9the cycle of the red signal indication unless one or more
10pedestrians or bicyclists are present, even if the motor
11vehicle stops at a point past a stop line or crosswalk where a
12driver is required to stop, as specified in subsection (c) of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    (c-6) A county, or a municipality with less than 2,000,000
16inhabitants, including a home rule county or municipality, may
17not use an automated traffic law enforcement system to issue
18violations in instances where a motorcyclist enters an
19intersection against a red signal indication when the red
20signal fails to change to a green signal within a reasonable
21period of time not less than 120 seconds because of a signal
22malfunction or because the signal has failed to detect the
23arrival of the motorcycle due to the motorcycle's size or
24weight.
25    (d) For each violation of a provision of this Code or a
26local ordinance recorded by an automatic traffic law

 

 

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1enforcement system, the county or municipality having
2jurisdiction shall issue a written notice of the violation to
3the registered owner of the vehicle as the alleged violator.
4The notice shall be delivered to the registered owner of the
5vehicle, by mail, within 30 days after the Secretary of State
6notifies the municipality or county of the identity of the
7owner of the vehicle, but in no event later than 90 days after
8the violation.
9    The notice shall include:
10        (1) the name and address of the registered owner of the
11    vehicle;
12        (2) the registration number of the motor vehicle
13    involved in the violation;
14        (3) the violation charged;
15        (4) the location where the violation occurred;
16        (5) the date and time of the violation;
17        (6) a copy of the recorded images;
18        (7) the amount of the civil penalty imposed and the
19    requirements of any traffic education program imposed and
20    the date by which the civil penalty should be paid and the
21    traffic education program should be completed;
22        (8) a statement that recorded images are evidence of a
23    violation of a red light signal;
24        (9) a warning that failure to pay the civil penalty, to
25    complete a required traffic education program, or to
26    contest liability in a timely manner is an admission of

 

 

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1    liability and may result in a suspension of the driving
2    privileges of the registered owner of the vehicle;
3        (10) a statement that the person may elect to proceed
4    by:
5            (A) paying the fine, completing a required traffic
6        education program, or both; or
7            (B) challenging the charge in court, by mail, or by
8        administrative hearing; and
9        (11) a website address, accessible through the
10    Internet, where the person may view the recorded images of
11    the violation.
12    (e) If a person charged with a traffic violation, as a
13result of an automated traffic law enforcement system, does not
14pay the fine or complete a required traffic education program,
15or both, or successfully contest the civil penalty resulting
16from that violation, the Secretary of State shall suspend the
17driving privileges of the registered owner of the vehicle under
18Section 6-306.5 of this Code for failing to complete a required
19traffic education program or to pay any fine or penalty due and
20owing, or both, as a result of a combination of 5 violations of
21the automated traffic law enforcement system or the automated
22speed enforcement system under Section 11-208.8 of this Code.
23    (f) Based on inspection of recorded images produced by an
24automated traffic law enforcement system, a notice alleging
25that the violation occurred shall be evidence of the facts
26contained in the notice and admissible in any proceeding

 

 

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1alleging a violation under this Section.
2    (g) Recorded images made by an automatic traffic law
3enforcement system are confidential and shall be made available
4only to the alleged violator and governmental and law
5enforcement agencies for purposes of adjudicating a violation
6of this Section, for statistical purposes, or for other
7governmental purposes. Any recorded image evidencing a
8violation of this Section, however, may be admissible in any
9proceeding resulting from the issuance of the citation.
10    (h) The court or hearing officer may consider in defense of
11a violation:
12        (1) that the motor vehicle or registration plates of
13    the motor vehicle were stolen before the violation occurred
14    and not under the control of or in the possession of the
15    owner at the time of the violation;
16        (2) that the driver of the vehicle passed through the
17    intersection when the light was red either (i) in order to
18    yield the right-of-way to an emergency vehicle or (ii) as
19    part of a funeral procession; and
20        (3) any other evidence or issues provided by municipal
21    or county ordinance.
22    (i) To demonstrate that the motor vehicle or the
23registration plates were stolen before the violation occurred
24and were not under the control or possession of the owner at
25the time of the violation, the owner must submit proof that a
26report concerning the stolen motor vehicle or registration

 

 

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1plates was filed with a law enforcement agency in a timely
2manner.
3    (j) Unless the driver of the motor vehicle received a
4Uniform Traffic Citation from a police officer at the time of
5the violation, the motor vehicle owner is subject to a civil
6penalty not exceeding $100 or the completion of a traffic
7education program, or both, plus an additional penalty of not
8more than $100 for failure to pay the original penalty or to
9complete a required traffic education program, or both, in a
10timely manner, if the motor vehicle is recorded by an automated
11traffic law enforcement system. A violation for which a civil
12penalty is imposed under this Section is not a violation of a
13traffic regulation governing the movement of vehicles and may
14not be recorded on the driving record of the owner of the
15vehicle.
16    (j-3) A registered owner who is a holder of a valid
17commercial driver's license is not required to complete a
18traffic education program.
19    (j-5) For purposes of the required traffic education
20program only, a registered owner may submit an affidavit to the
21court or hearing officer swearing that at the time of the
22alleged violation, the vehicle was in the custody and control
23of another person. The affidavit must identify the person in
24custody and control of the vehicle, including the person's name
25and current address. The person in custody and control of the
26vehicle at the time of the violation is required to complete

 

 

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1the required traffic education program. If the person in
2custody and control of the vehicle at the time of the violation
3completes the required traffic education program, the
4registered owner of the vehicle is not required to complete a
5traffic education program.
6    (k) An intersection equipped with an automated traffic law
7enforcement system must be posted with a sign visible to
8approaching traffic indicating that the intersection is being
9monitored by an automated traffic law enforcement system.
10    (k-3) A municipality or county that has one or more
11intersections equipped with an automated traffic law
12enforcement system must provide notice to drivers by posting
13the locations of automated traffic law systems on the
14municipality or county website.
15    (k-5) An intersection equipped with an automated traffic
16law enforcement system must have a yellow change interval that
17conforms with the Illinois Manual on Uniform Traffic Control
18Devices (IMUTCD) published by the Illinois Department of
19Transportation.
20    (k-7) A municipality or county operating an automated
21traffic law enforcement system shall conduct a statistical
22analysis to assess the safety impact of each automated traffic
23law enforcement system at an intersection following
24installation of the system. The statistical analysis shall be
25based upon the best available crash, traffic, and other data,
26and shall cover a period of time before and after installation

 

 

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1of the system sufficient to provide a statistically valid
2comparison of safety impact. The statistical analysis shall be
3consistent with professional judgment and acceptable industry
4practice. The statistical analysis also shall be consistent
5with the data required for valid comparisons of before and
6after conditions and shall be conducted within a reasonable
7period following the installation of the automated traffic law
8enforcement system. The statistical analysis required by this
9subsection (k-7) shall be made available to the public and
10shall be published on the website of the municipality or
11county. If the statistical analysis for the 36 month period
12following installation of the system indicates that there has
13been an increase in the rate of accidents at the approach to
14the intersection monitored by the system, the municipality or
15county shall undertake additional studies to determine the
16cause and severity of the accidents, and may take any action
17that it determines is necessary or appropriate to reduce the
18number or severity of the accidents at that intersection.
19    (l) The compensation paid for an automated traffic law
20enforcement system must be based on the value of the equipment
21or the services provided and may not be based on the number of
22traffic citations issued or the revenue generated by the
23system.
24    (m) This Section applies only to the counties of Cook,
25DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
26to municipalities located within those counties.

 

 

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1    (n) The fee for participating in a traffic education
2program under this Section shall not exceed $25.
3    A low-income individual required to complete a traffic
4education program under this Section who provides proof of
5eligibility for the federal earned income tax credit under
6Section 32 of the Internal Revenue Code or the Illinois earned
7income tax credit under Section 212 of the Illinois Income Tax
8Act shall not be required to pay any fee for participating in a
9required traffic education program.
10    (o) A municipality or county shall make a certified report
11to the Secretary of State pursuant to Section 6-306.5 of this
12Code whenever a registered owner of a vehicle has failed to pay
13any fine or penalty due and owing as a result of a combination
14of 5 offenses for automated traffic law or speed enforcement
15system violations.
16    (p) No person who is the lessor of a motor vehicle pursuant
17to a written lease agreement shall be liable for an automated
18speed or traffic law enforcement system violation involving
19such motor vehicle during the period of the lease; provided
20that upon the request of the appropriate authority received
21within 120 days after the violation occurred, the lessor
22provides within 60 days after such receipt the name and address
23of the lessee. The drivers license number of a lessee may be
24subsequently individually requested by the appropriate
25authority if needed for enforcement of this Section.
26    Upon the provision of information by the lessor pursuant to

 

 

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1this subsection, the county or municipality may issue the
2violation to the lessee of the vehicle in the same manner as it
3would issue a violation to a registered owner of a vehicle
4pursuant to this Section, and the lessee may be held liable for
5the violation.
6(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
7eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)