Public Act 096-0288
Public Act 0288 96TH GENERAL ASSEMBLY
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Public Act 096-0288
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| HB2612 Enrolled |
LRB096 11329 RLJ 21775 b |
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| AN ACT concerning education programs.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Municipal Code is amended by | changing Sections 1-2-1 and 1-2-1.1 as follows:
| (65 ILCS 5/1-2-1) (from Ch. 24, par. 1-2-1)
| Sec. 1-2-1. The corporate authorities of each municipality | may pass all
ordinances and make all rules and regulations | proper or necessary, to carry
into effect the powers granted to | municipalities, with such fines or
penalties as may be deemed | proper. No fine or penalty, however, except
civil penalties | provided for failure to make returns or to pay any taxes
levied | by the municipality shall exceed $750 and no imprisonment
| authorized
in Section 1-2-9 for failure to pay any fine, | penalty or cost shall exceed
6 months for one offense.
| A penalty imposed for violation of an ordinance may | include, or consist
of, a requirement that the defendant do one | or both of the following: | (1) Complete an education program, except that a holder | of a valid commercial driver's license who commits a | vehicle weight or size restriction violation shall not be | required to complete an education program under this | Section. |
| (2) Perform perform some reasonable public service
| work such as but not limited to the picking up of litter in | public parks or
along public highways or the maintenance of | public facilities.
| A default in the payment of a fine or penalty or any | installment of a fine or penalty may be collected by any means | authorized for the collection of monetary judgments. The | municipal attorney of the municipality in which the fine or | penalty was imposed may retain attorneys and private collection | agents for the purpose of collecting any default in payment of | any fine or penalty or installment of that fine or penalty. Any | fees or costs incurred by the municipality with respect to | attorneys or private collection agents retained by the | municipal attorney under this Section shall be charged to the | offender.
| A low-income individual required to complete an 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 | education program. | (Source: P.A. 95-389, eff. 1-1-08.)
| (65 ILCS 5/1-2-1.1) (from Ch. 24, par. 1-2-1.1)
| Sec. 1-2-1.1.
The corporate authorities of each |
| municipality may pass
ordinances, not inconsistent with the | criminal laws of this State, to
regulate any matter expressly | within the authorized powers of the
municipality, or incidental | thereto, making violation thereof a misdemeanor
punishable by | incarceration in a penal institution other than the
| penitentiary not to exceed 6 months. The municipality is | authorized to
prosecute violations of penal ordinances enacted | under this Section as
criminal offenses by its corporate | attorney in the circuit court by an
information, or complaint | sworn to, charging such offense. The prosecution
shall be under | and conform to the rules of criminal procedure. Conviction
| shall require the municipality to establish the guilt of the | defendant
beyond reasonable doubt.
| A penalty imposed for violation of an ordinance may | include, or consist
of, a requirement that the defendant do one | or both of the following: | (1) Complete an education program, except that a holder | of a valid commercial driver's license who commits a | vehicle weight or size restriction violation shall not be | required to complete an education program under this | Section. | (2) Perform perform some reasonable public service
| work such as but not limited to the picking up of litter in | public parks or
along public highways or the maintenance of | public facilities.
| A low-income individual required to complete an 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 | education program. | This Section shall not apply to or affect ordinances now or | hereafter
enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, | 11-5-4, 11-5-5,
11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, | 11-80-9 and 11-80-16 of the
Illinois Municipal Code, as now or | hereafter amended, nor to Sections
enacted after this 1969 | amendment which replace or add to the Sections
herein | enumerated, nor to ordinances now in force or hereafter enacted
| pursuant to authority granted to local authorities by Section | 11-208 of
"The Illinois Vehicle Code", approved September 29, | 1969, as now or
hereafter amended.
| (Source: P.A. 86-299.)
| Section 10. The Illinois Vehicle Code is amended by | changing Sections 11-208.3 and 11-208.6 as follows:
| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| Sec. 11-208.3. Administrative adjudication of violations | of traffic
regulations concerning the standing, parking, or | condition of
vehicles and automated traffic law violations.
| (a) Any municipality may provide by ordinance for a system |
| of
administrative adjudication of vehicular standing and | parking violations and
vehicle compliance violations as | defined in this subsection and automated traffic law violations | as defined in Section 11-208.6.
The administrative system shall | have as its purpose the fair and
efficient enforcement of | municipal regulations through the
administrative adjudication | of automated traffic law violations and violations of municipal | ordinances
regulating the standing and parking of vehicles, the | condition and use of
vehicle equipment, and the display of | municipal wheel tax licenses within the
municipality's
| borders. The administrative system shall only have authority to | adjudicate
civil offenses carrying fines not in excess of $250 | or requiring the completion of a traffic education program, or | both, that occur after the
effective date of the ordinance | adopting such a system under this Section.
For purposes of this | Section, "compliance violation" means a violation of a
| municipal regulation governing the condition or use of | equipment on a vehicle
or governing the display of a municipal | wheel tax license.
| (b) Any ordinance establishing a system of administrative | adjudication
under this Section shall provide for:
| (1) A traffic compliance administrator authorized to
| adopt, distribute and
process parking, compliance, and | automated traffic law violation notices and other notices | required
by this
Section, collect money paid as fines and | penalties for violation of parking
and compliance
|
| ordinances and automated traffic law violations, and | operate an administrative adjudication system. The traffic
| compliance
administrator also may make a certified report | to the Secretary of State
under Section 6-306.5.
| (2) A parking, standing, compliance, or automated | traffic law violation notice
that
shall specify the date,
| time, and place of violation of a parking, standing,
| compliance, or automated traffic law
regulation; the | particular regulation
violated; any requirement to | complete a traffic education program; the fine and any | penalty that may be assessed for late payment or failure to | complete a required traffic education program, or both,
| when so provided by ordinance; the vehicle make and state | registration
number; and the identification number of the
| person issuing the notice.
With regard to automated traffic | law violations, vehicle make shall be specified on the | automated traffic law violation notice if the make is | available and readily discernible. With regard to | municipalities with a population of 1 million or more, it
| shall be grounds for
dismissal of a parking
violation if | the state registration number or vehicle make specified is
| incorrect. The violation notice shall state that the | completion of any required traffic education program, the | payment of any the indicated
fine, and the payment of any | applicable penalty for late payment or failure to complete | a required traffic education program, or both, shall |
| operate as a
final disposition of the violation. The notice | also shall contain
information as to the availability of a | hearing in which the violation may
be contested on its | merits. The violation notice shall specify the
time and | manner in which a hearing may be had.
| (3) Service of the parking, standing, or compliance
| violation notice by affixing the
original or a facsimile of | the notice to an unlawfully parked vehicle or by
handing | the notice to the operator of a vehicle if he or she is
| present and service of an automated traffic law violation | notice by mail to the
address
of the registered owner of | the cited vehicle as recorded with the Secretary of
State | within 30 days after the Secretary of State 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. A person authorized by ordinance to issue and | serve parking,
standing, and compliance
violation notices | shall certify as to the correctness of the facts entered
on | the violation notice by signing his or her name to the | notice at
the time of service or in the case of a notice | produced by a computerized
device, by signing a single | certificate to be kept by the traffic
compliance
| administrator attesting to the correctness of all notices | produced by the
device while it was under his or her | control. In the case of an automated traffic law violation, | the ordinance shall
require
a
determination by a technician |
| employed or contracted by the municipality or county that,
| based on inspection of recorded images, the motor vehicle | was being operated in
violation of Section 11-208.6 or a | local ordinance.
If the technician determines that the
| vehicle entered the intersection as part of a funeral | procession or in order to
yield the right-of-way to an | emergency vehicle, a citation shall not be issued. The | original or a
facsimile of the violation notice or, in the | case of a notice produced by a
computerized device, a | printed record generated by the device showing the facts
| entered on the notice, shall be retained by the
traffic | compliance
administrator, and shall be a record kept in the | ordinary course of
business. A parking, standing, | compliance, or automated traffic law violation notice | issued,
signed and served in
accordance with this Section, | a copy of the notice, or the computer
generated record | shall be prima facie
correct and shall be prima facie | evidence of the correctness of the facts
shown on the | notice. The notice, copy, or computer generated
record | shall be admissible in any
subsequent administrative or | legal proceedings.
| (4) An opportunity for a hearing for the registered | owner of the
vehicle cited in the parking, standing, | compliance, or automated traffic law violation notice in
| which the owner may
contest the merits of the alleged | violation, and during which formal or
technical rules of |
| evidence shall not apply; provided, however, that under
| Section 11-1306 of this Code the lessee of a vehicle cited | in the
violation notice likewise shall be provided an | opportunity for a hearing of
the same kind afforded the | registered owner. The hearings shall be
recorded, and the | person conducting the hearing on behalf of the traffic
| compliance
administrator shall be empowered to administer | oaths and to secure by
subpoena both the attendance and | testimony of witnesses and the production
of relevant books | and papers. Persons appearing at a hearing under this
| Section may be represented by counsel at their expense. The | ordinance may
also provide for internal administrative | review following the decision of
the hearing officer.
| (5) Service of additional notices, sent by first class | United States
mail, postage prepaid, to the address of the | registered owner of the cited
vehicle as recorded with the | Secretary of State or, if any notice to that address is | returned as undeliverable, to the last known address | recorded in a United States Post Office approved database,
| or, under Section 11-1306
of this Code, to the lessee of | the cited vehicle at the last address known
to the lessor | of the cited vehicle at the time of lease or, if any notice | to that address is returned as undeliverable, to the last | known address recorded in a United States Post Office | approved database.
The service shall
be deemed complete as | of the date of deposit in the United States mail.
The |
| notices shall be in the following sequence and shall | include but not be
limited to the information specified | herein:
| (i) A second notice of parking, standing, or | compliance violation. This notice shall specify the
| date and location of the violation cited in the | parking,
standing,
or compliance violation
notice, the | particular regulation violated, the vehicle
make and | state registration number, any requirement to complete | a traffic education program, the fine and any penalty | that may be
assessed for late payment or failure to | complete a traffic education program, or both, when so | provided by ordinance, the availability
of a hearing in | which the violation may be contested on its merits, and | the
time and manner in which the hearing may be had. | The notice of violation
shall also state that failure | to complete a required traffic education program, | either to pay the indicated fine and any
applicable | penalty, or to appear at a hearing on the merits in the | time and
manner specified, will result in a final | determination of violation
liability for the cited | violation in the amount of the fine or penalty
| indicated, and that, upon the occurrence of a final | determination of violation liability for the failure, | and the exhaustion of, or
failure to exhaust, available | administrative or judicial procedures for
review, any |
| incomplete traffic education program or any unpaid | fine or penalty, or both, will constitute a debt due | and owing
the municipality.
| (ii) A notice of final determination of parking, | standing,
compliance, or automated traffic law | violation liability.
This notice shall be sent | following a final determination of parking,
standing, | compliance, or automated traffic law
violation | liability and the conclusion of judicial review | procedures taken
under this Section. The notice shall | state that the incomplete traffic education program or | the unpaid fine or
penalty, or both, is a debt due and | owing the municipality. The notice shall contain
| warnings that failure to complete any required traffic | education program or to pay any fine or penalty due and | owing the
municipality, or both, within the time | specified may result in the municipality's
filing of a | petition in the Circuit Court to have the incomplete | traffic education program or unpaid
fine or penalty, or | both, rendered a judgment as provided by this Section, | or may
result in suspension of the person's drivers | license for failure to complete a traffic education | program or to pay
fines or penalties, or both, for 10 | or more parking violations under Section 6-306.5 or 5 | or more automated traffic law violations under Section | 11-208.6.
|
| (6) A notice Notice of impending drivers license | suspension. This
notice shall be sent to the person liable | for failure to complete a required traffic education | program or to pay any fine or penalty that
remains due and | owing, or both, on 10 or more parking
violations or 5 or | more unpaid automated traffic law violations. The notice
| shall state that failure to complete a required traffic | education program or to pay the fine or penalty owing, or | both, within 45 days of
the notice's date will result in | the municipality notifying the Secretary
of State that the | person is eligible for initiation of suspension
| proceedings under Section 6-306.5 of this Code. The notice | shall also state
that the person may obtain a photostatic | copy of an original ticket imposing a
fine or penalty by | sending a self addressed, stamped envelope to the
| municipality along with a request for the photostatic copy.
| The notice of impending
drivers license suspension shall be | sent by first class United States mail,
postage prepaid, to | the address recorded with the Secretary of State or, if any | notice to that address is returned as undeliverable, to the | last known address recorded in a United States Post Office | approved database.
| (7) Final determinations of violation liability. A | final
determination of violation liability shall occur | following failure to complete the required traffic | education program or
to pay the fine or penalty, or both, |
| after a hearing officer's determination of violation | liability and the exhaustion of or failure to exhaust any
| administrative review procedures provided by ordinance. | Where a person
fails to appear at a hearing to contest the | alleged violation in the time
and manner specified in a | prior mailed notice, the hearing officer's
determination | of violation liability shall become final: (A) upon
denial | of a timely petition to set aside that determination, or | (B) upon
expiration of the period for filing the petition | without a
filing having been made.
| (8) A petition to set aside a determination of parking, | standing,
compliance, or automated traffic law violation
| liability that may be filed by a person owing an unpaid | fine or penalty. A petition to set aside a determination of | liability may also be filed by a person required to | complete a traffic education program.
The petition shall be | filed with and ruled upon by the traffic compliance
| administrator in the manner and within the time specified | by ordinance.
The grounds for the petition may be limited | to: (A) the person not having
been the owner or lessee of | the cited vehicle on the date the
violation notice was | issued, (B) the person having already completed the | required traffic education program or paid the fine or
| penalty, or both, for the violation in question, and (C) | excusable failure to
appear at or
request a new date for a | hearing.
With regard to municipalities with a population of |
| 1 million or more, it
shall be grounds for
dismissal of a
| parking violation if the state registration number, or | vehicle make if specified, is
incorrect. After the | determination of
parking, standing, compliance, or | automated traffic law violation liability has been set | aside
upon a showing of just
cause, the registered owner | shall be provided with a hearing on the merits
for that | violation.
| (9) Procedures for non-residents. Procedures by which | persons who are
not residents of the municipality may | contest the merits of the alleged
violation without | attending a hearing.
| (10) A schedule of civil fines for violations of | vehicular standing,
parking, compliance, or automated | traffic law regulations enacted by ordinance pursuant to | this
Section, and a
schedule of penalties for late payment | of the fines or failure to complete required traffic | education programs, provided, however,
that the total | amount of the fine and penalty for any one violation shall
| not exceed $250, except as provided in subsection (c) of | Section 11-1301.3 of this Code.
| (11) Other provisions as are necessary and proper to | carry into
effect the powers granted and purposes stated in | this Section.
| (c) Any municipality establishing vehicular standing, | parking,
compliance, or automated traffic law
regulations |
| under this Section may also provide by ordinance for a
program | of vehicle immobilization for the purpose of facilitating
| enforcement of those regulations. The program of vehicle
| immobilization shall provide for immobilizing any eligible | vehicle upon the
public way by presence of a restraint in a | manner to prevent operation of
the vehicle. Any ordinance | establishing a program of vehicle
immobilization under this | Section shall provide:
| (1) Criteria for the designation of vehicles eligible | for
immobilization. A vehicle shall be eligible for | immobilization when the
registered owner of the vehicle has | accumulated the number of incomplete traffic education | programs or unpaid final
determinations of parking, | standing, compliance, or automated traffic law violation | liability, or both, as
determined by ordinance.
| (2) A notice of impending vehicle immobilization and a | right to a
hearing to challenge the validity of the notice | by disproving liability
for the incomplete traffic | education programs or unpaid final determinations of | parking, standing, compliance, or automated traffic law
| violation liability, or both, listed
on the notice.
| (3) The right to a prompt hearing after a vehicle has | been immobilized
or subsequently towed without the | completion of the required traffic education program or | payment of the outstanding fines and
penalties on parking, | standing, compliance, or automated traffic law violations, |
| or both, for which final
determinations have been
issued. | An order issued after the hearing is a final administrative
| decision within the meaning of Section 3-101 of the Code of | Civil Procedure.
| (4) A post immobilization and post-towing notice | advising the registered
owner of the vehicle of the right | to a hearing to challenge the validity
of the impoundment.
| (d) Judicial review of final determinations of parking, | standing,
compliance, or automated traffic law
violations and | final administrative decisions issued after hearings
regarding | vehicle immobilization and impoundment made
under this Section | shall be subject to the provisions of
the Administrative Review | Law.
| (e) Any fine, penalty, incomplete traffic education | program, or part of any fine or any penalty remaining
unpaid | after the exhaustion of, or the failure to exhaust, | administrative
remedies created under this Section and the | conclusion of any judicial
review procedures shall be a debt | due and owing the municipality and, as
such, may be collected | in accordance with applicable law. Completion of any required | traffic education program and payment Payment in full
of any | fine or penalty resulting from a standing, parking,
compliance, | or automated traffic law violation shall
constitute a final | disposition of that violation.
| (f) After the expiration of the period within which | judicial review may
be sought for a final determination of |
| parking, standing, compliance, or automated traffic law
| violation, the municipality
may commence a proceeding in the | Circuit Court for purposes of obtaining a
judgment on the final | determination of violation. Nothing in this
Section shall | prevent a municipality from consolidating multiple final
| determinations of parking, standing, compliance, or automated | traffic law violations against a
person in a proceeding.
Upon | commencement of the action, the municipality shall file a | certified
copy or record of the final determination of parking, | standing, compliance, or automated traffic law
violation, | which shall be
accompanied by a certification that recites | facts sufficient to show that
the final determination of | violation was
issued in accordance with this Section and the | applicable municipal
ordinance. Service of the summons and a | copy of the petition may be by
any method provided by Section | 2-203 of the Code of Civil Procedure or by
certified mail, | return receipt requested, provided that the total amount of
| fines and penalties for final determinations of parking, | standing,
compliance, or automated traffic law violations does | not
exceed $2500. If the court is satisfied that the final | determination of
parking, standing, compliance, or automated | traffic law violation was entered in accordance with
the | requirements of
this Section and the applicable municipal | ordinance, and that the registered
owner or the lessee, as the | case may be, had an opportunity for an
administrative hearing | and for judicial review as provided in this Section,
the court |
| shall render judgment in favor of the municipality and against
| the registered owner or the lessee for the amount indicated in | the final
determination of parking, standing, compliance, or | automated traffic law violation, plus costs.
The judgment shall | have
the same effect and may be enforced in the same manner as | other judgments
for the recovery of money.
| (g) 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. | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| (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:
| (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 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. 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.
|
| (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 | 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; and
| (10) a statement that the person may elect to proceed | by:
| (A) paying the fine, completing a required traffic | education program, or both; or
| (B) challenging the charge in court, by mail, or by | administrative hearing.
| (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 5 violations of the automated | traffic law
enforcement system.
| (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 | 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 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 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 | 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 | 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.
| (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. | (Source: P.A. 94-795, eff. 5-22-06.)
| Section 99. Effective date. This Act takes effect upon |
Effective Date: 8/11/2009
|
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