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.