Public Act 097-0674
 
SB1865 EnrolledLRB097 05382 RLJ 45439 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if Senate Bill 965 of the 97th
General Assembly becomes law in the form in which it passed the
Senate, the Illinois Vehicle Code is amended by changing
Section 11-208.8 as follows:
 
    (625 ILCS 5/11-208.8)
    Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
    (a) As used in this Section:
    "Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and 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
Article VI of Chapter 11 of this Code or a similar provision of
a local ordinance.
    An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, 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.
    "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.
    "Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term
"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
    (a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
        (i) if the safety zone is based upon the property line
    of any facility, area, or land owned by a school district,
    only on school days and no earlier than 6 a.m. and no later
    than 8:30 p.m. if the school day is during the period of
    Monday through Thursday, or 9 p.m. if the school day is a
    Friday; 10 p.m.; and
        (ii) if the safety zone is based upon the property line
    of any facility, area, or land owned by a park district, no
    earlier than one hour prior to the time that the facility,
    area, or land is open to the public or other patrons, and
    no later than one hour after the facility, area, or land is
    closed to the public or other patrons.
    (b) A municipality 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) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
        (1) if the recorded speed is no less than 6 miles per
    hour and no more than 10 miles per hour over the legal
    speed limit, a civil penalty not exceeding $50, plus an
    additional penalty of not more than $50 for failure to pay
    the original penalty in a timely manner; or
        (2) if the recorded speed is more than 10 miles per
    hour over the legal speed limit, a civil penalty not
    exceeding $100, plus an additional penalty of not more than
    $100 for failure to pay the original penalty in a timely
    manner.
    A penalty may not be imposed under this Section if a civil
penalty not exceeding $100 for each violation, plus an
additional penalty of not more than $100 for failure to pay the
original penalty in a timely manner, unless the driver of the
motor vehicle received a Uniform Traffic Citation from a police
officer for a speeding violation occurring within one-eighth of
a mile and 15 minutes of the violation that was recorded by the
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. A law
enforcement officer is not required to be present or to witness
the violation. No penalty may be imposed under this Section if
the recorded speed of a vehicle is 5 miles per hour or less
over the legal speed limit. The municipality may send, in the
same manner that notices are sent under this Section, a speed
violation warning notice where the violation involves a speed
of 5 miles per hour or less above the legal speed limit.
    (d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
        (i) public safety initiatives to ensure safe passage
    around schools, and to provide police protection and
    surveillance around schools and parks, including but not
    limited to: (1) personnel costs; and (2) non-personnel
    costs such as construction and maintenance of public safety
    infrastructure and equipment;
        (ii) initiatives to improve pedestrian and traffic
    safety; and
        (iii) construction and maintenance of infrastructure
    within the municipality, including but not limited to roads
    and bridges; and .
        (iv) after school programs.
    (e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the 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 of the
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
    (f) The notice required under subsection (e) of this
Section 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;
        (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 warning that failure to pay the civil penalty 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;
        (9) 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
        (10) a website address, accessible through the
    Internet, where the person may view the recorded images of
    the violation.
    (g) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine 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 pay any fine or
penalty due and owing, or both, as a result of a combination of
5 violations of the automated speed enforcement system or the
automated traffic law under Section 11-208.6 of this Code.
    (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 this Section.
    (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
recorded image evidencing a violation of this Section, 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 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 from a police officer for a
    speeding violation occurring within one-eighth of a mile
    and 15 minutes of the violation that was recorded by the
    system; and
        (3) any other evidence or issues provided by municipal
    ordinance.
    (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 roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as
to where automated speed enforcement systems are installed.
    (m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days 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) A municipality 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 speed or traffic law 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
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 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.
    (q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
    (r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact 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 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 shall be
made available to the public and shall be published on the
website of the municipality.
    (s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(Source: 09700SB0965eng.)
 
    Section 99. Effective date. This Act takes effect July 1,
2012.