Public Act 094-0814
 
SB2650 Enrolled LRB094 13586 RLC 48451 b

    AN ACT concerning vehicles.
 
    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 11-605.1 and adding Section 11-612 as follows:
 
    (625 ILCS 5/11-605.1)
    Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
    (a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit.
    (b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
    (c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency 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 speed zone and has posted a lower speed limit
with a highway construction or maintenance speed zone special
speed limit sign.
    Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
    (d) A first violation of this Section is a petty offense
with a minimum fine of $250. A second or subsequent violation
of this Section is a petty offense with a minimum fine of $750.
    (e) If a fine for a violation of this Section is $250 or
greater, the person who violated this Section shall be charged
an additional $125, which shall be deposited into the
Transportation Safety Highway Hire-back Fund in the State
treasury, unless (i) the violation occurred on a highway other
than an interstate highway and (ii) a county police officer
wrote the ticket for the violation, in which case the $125
shall be deposited into that county's Transportation Safety
Highway Hire-back Fund. In the case of a second or subsequent
violation of this Section, if the fine is $750 or greater, the
person who violated this Section shall be charged an additional
$250, which shall be deposited into the Transportation Safety
Highway Hire-back Fund in the State treasury, unless (i) the
violation occurred on a highway other than an interstate
highway and (ii) a county police officer wrote the ticket for
the violation, in which case the $250 shall be deposited into
that county's Transportation Safety Highway Hire-back Fund.
    (e-5) The Department of State Police and the local county
police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
    (f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Department of State Police officers to monitor construction or
maintenance zones.
    (f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use all moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways.
    (g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days.
(Source: P.A. 93-955, eff. 8-19-04.)
 
    (625 ILCS 5/11-612 new)
    Sec. 11-612. Certain systems to record vehicle speeds
prohibited. Except as authorized in the Automated Traffic
Control Systems in Highway Construction or Maintenance Zones
Act, no photographic, video, or other imaging system may be
used in this State to record vehicle speeds for the purpose of
enforcing any law or ordinance regarding a maximum or minimum
speed limit unless a law enforcement officer is present at the
scene and witnesses the event. No State or local governmental
entity, including a home rule county or municipality, may use
such a system in a way that is prohibited by this Section. The
regulation of the use of such systems is an exclusive power and
function of the State. This Section is a denial and limitation
of home rule powers and functions under subsection (h) of
Section 6 of Article VII of the Illinois Constitution.
 
    Section 10. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 10 and 30 as follows:
 
    (625 ILCS 7/10)
    Sec. 10. Establishment of automated control systems. The
Department of State Police may establish an automated traffic
control system in any construction or maintenance zone
established by the Department of Transportation or the Illinois
State Toll Highway Authority. An automated traffic control
system may operate only during those periods when workers are
present in the construction or maintenance zone. In any
prosecution based upon evidence obtained through an automated
traffic control system established under this Act, the State
must prove that one or more workers were present in the
construction or maintenance zone when the violation occurred.
(Source: P.A. 93-947, eff. 8-19-04.)
 
    (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 6
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.
    (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.
(Source: P.A. 93-947, eff. 8-19-04.)