103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3177

 

Introduced 2/6/2024, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3

    Amends the Illinois Vehicle Code. Provides that it shall be grounds for dismissal of a standing, parking, compliance, automated speed enforcement system, or automated traffic law violation if the State registration number or vehicle make specified is incorrect. Effective immediately.


LRB103 36928 MXP 67042 b

 

 

A BILL FOR

 

SB3177LRB103 36928 MXP 67042 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
5changing Section 11-208.3 as follows:
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    Sec. 11-208.3. Administrative adjudication of violations
8of traffic regulations concerning the standing, parking, or
9condition of vehicles, automated traffic law violations, and
10automated speed enforcement system violations.
11    (a) Any municipality or county may provide by ordinance
12for a system of administrative adjudication of vehicular
13standing and parking violations and vehicle compliance
14violations as described in this subsection, automated traffic
15law violations as defined in Section 11-208.6, 11-208.9, or
1611-1201.1, and automated speed enforcement system violations
17as defined in Section 11-208.8. The administrative system
18shall have as its purpose the fair and efficient enforcement
19of municipal or county regulations through the administrative
20adjudication of automated speed enforcement system or
21automated traffic law violations and violations of municipal
22or county ordinances regulating the standing and parking of
23vehicles, the condition and use of vehicle equipment, and the

 

 

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1display of municipal or county wheel tax licenses within the
2municipality's or county's borders. The administrative system
3shall only have authority to adjudicate civil offenses
4carrying fines not in excess of $500 or requiring the
5completion of a traffic education program, or both, that occur
6after the effective date of the ordinance adopting such a
7system under this Section. For purposes of this Section,
8"compliance violation" means a violation of a municipal or
9county regulation governing the condition or use of equipment
10on a vehicle or governing the display of a municipal or county
11wheel tax license.
12    (b) Any ordinance establishing a system of administrative
13adjudication under this Section shall provide for:
14        (1) A traffic compliance administrator authorized to
15    adopt, distribute, and process parking, compliance, and
16    automated speed enforcement system or automated traffic
17    law violation notices and other notices required by this
18    Section, collect money paid as fines and penalties for
19    violation of parking and compliance ordinances and
20    automated speed enforcement system or automated traffic
21    law violations, and operate an administrative adjudication
22    system.
23        (2) A parking, standing, compliance, automated speed
24    enforcement system, or automated traffic law violation
25    notice that shall specify or include the date, time, and
26    place of violation of a parking, standing, compliance,

 

 

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1    automated speed enforcement system, or automated traffic
2    law regulation; the particular regulation violated; any
3    requirement to complete a traffic education program; the
4    fine and any penalty that may be assessed for late payment
5    or failure to complete a required traffic education
6    program, or both, when so provided by ordinance; the
7    vehicle make or a photograph of the vehicle; the state
8    registration number of the vehicle; and the identification
9    number of the person issuing the notice. With regard to
10    automated speed enforcement system or automated traffic
11    law violations, vehicle make shall be specified on the
12    automated speed enforcement system or automated traffic
13    law violation notice if the notice does not include a
14    photograph of the vehicle and the make is available and
15    readily discernible. It With regard to municipalities or
16    counties with a population of 1 million or more, it shall
17    be grounds for dismissal of a standing, parking,
18    compliance, automated speed enforcement system, or
19    automated traffic law parking violation if the state
20    registration number or vehicle make specified is
21    incorrect. The violation notice shall state that the
22    completion of any required traffic education program, the
23    payment of any indicated fine, and the payment of any
24    applicable penalty for late payment or failure to complete
25    a required traffic education program, or both, shall
26    operate as a final disposition of the violation. The

 

 

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1    notice also shall contain information as to the
2    availability of a hearing in which the violation may be
3    contested on its merits. The violation notice shall
4    specify the time and manner in which a hearing may be had.
5        (3) Service of a parking, standing, or compliance
6    violation notice by: (i) affixing the original or a
7    facsimile of the notice to an unlawfully parked or
8    standing vehicle; (ii) handing the notice to the operator
9    of a vehicle if he or she is present; or (iii) mailing the
10    notice to the address of the registered owner or lessee of
11    the cited vehicle as recorded with the Secretary of State
12    or the lessor of the motor vehicle within 30 days after the
13    Secretary of State or the lessor of the motor vehicle
14    notifies the municipality or county of the identity of the
15    owner or lessee of the vehicle, but not later than 90 days
16    after the date of the violation, except that in the case of
17    a lessee of a motor vehicle, service of a parking,
18    standing, or compliance violation notice may occur no
19    later than 210 days after the violation; and service of an
20    automated speed enforcement system or automated traffic
21    law violation notice by mail to the address of the
22    registered owner or lessee of the cited vehicle as
23    recorded with the Secretary of State or the lessor of the
24    motor vehicle within 30 days after the Secretary of State
25    or the lessor of the motor vehicle notifies the
26    municipality or county of the identity of the owner or

 

 

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1    lessee of the vehicle, but not later than 90 days after the
2    violation, except that in the case of a lessee of a motor
3    vehicle, service of an automated traffic law violation
4    notice may occur no later than 210 days after the
5    violation. A person authorized by ordinance to issue and
6    serve parking, standing, and compliance violation notices
7    shall certify as to the correctness of the facts entered
8    on the violation notice by signing his or her name to the
9    notice at the time of service or, in the case of a notice
10    produced by a computerized device, by signing a single
11    certificate to be kept by the traffic compliance
12    administrator attesting to the correctness of all notices
13    produced by the device while it was under his or her
14    control. In the case of an automated traffic law
15    violation, the ordinance shall require a determination by
16    a technician employed or contracted by the municipality or
17    county that, based on inspection of recorded images, the
18    motor vehicle was being operated in violation of Section
19    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
20    the technician determines that the vehicle entered the
21    intersection as part of a funeral procession or in order
22    to yield the right-of-way to an emergency vehicle, a
23    citation shall not be issued. In municipalities with a
24    population of less than 1,000,000 inhabitants and counties
25    with a population of less than 3,000,000 inhabitants, the
26    automated traffic law ordinance shall require that all

 

 

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1    determinations by a technician that a motor vehicle was
2    being operated in violation of Section 11-208.6, 11-208.9,
3    or 11-1201.1 or a local ordinance must be reviewed and
4    approved by a law enforcement officer or retired law
5    enforcement officer of the municipality or county issuing
6    the violation. In municipalities with a population of
7    1,000,000 or more inhabitants and counties with a
8    population of 3,000,000 or more inhabitants, the automated
9    traffic law ordinance shall require that all
10    determinations by a technician that a motor vehicle was
11    being operated in violation of Section 11-208.6, 11-208.9,
12    or 11-1201.1 or a local ordinance must be reviewed and
13    approved by a law enforcement officer or retired law
14    enforcement officer of the municipality or county issuing
15    the violation or by an additional fully trained reviewing
16    technician who is not employed by the contractor who
17    employs the technician who made the initial determination.
18    In the case of an automated speed enforcement system
19    violation, the ordinance shall require a determination by
20    a technician employed by the municipality, based upon an
21    inspection of recorded images, video or other
22    documentation, including documentation of the speed limit
23    and automated speed enforcement signage, and documentation
24    of the inspection, calibration, and certification of the
25    speed equipment, that the vehicle was being operated in
26    violation of Article VI of Chapter 11 of this Code or a

 

 

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1    similar local ordinance. If the technician determines that
2    the vehicle speed was not determined by a calibrated,
3    certified speed equipment device based upon the speed
4    equipment documentation, or if the vehicle was an
5    emergency vehicle, a citation may not be issued. The
6    automated speed enforcement ordinance shall require that
7    all determinations by a technician that a violation
8    occurred be reviewed and approved by a law enforcement
9    officer or retired law enforcement officer of the
10    municipality issuing the violation or by an additional
11    fully trained reviewing technician who is not employed by
12    the contractor who employs the technician who made the
13    initial determination. Routine and independent calibration
14    of the speeds produced by automated speed enforcement
15    systems and equipment shall be conducted annually by a
16    qualified technician. Speeds produced by an automated
17    speed enforcement system shall be compared with speeds
18    produced by lidar or other independent equipment. Radar or
19    lidar equipment shall undergo an internal validation test
20    no less frequently than once each week. Qualified
21    technicians shall test loop-based equipment no less
22    frequently than once a year. Radar equipment shall be
23    checked for accuracy by a qualified technician when the
24    unit is serviced, when unusual or suspect readings
25    persist, or when deemed necessary by a reviewing
26    technician. Radar equipment shall be checked with the

 

 

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1    internal frequency generator and the internal circuit test
2    whenever the radar is turned on. Technicians must be alert
3    for any unusual or suspect readings, and if unusual or
4    suspect readings of a radar unit persist, that unit shall
5    immediately be removed from service and not returned to
6    service until it has been checked by a qualified
7    technician and determined to be functioning properly.
8    Documentation of the annual calibration results, including
9    the equipment tested, test date, technician performing the
10    test, and test results, shall be maintained and available
11    for use in the determination of an automated speed
12    enforcement system violation and issuance of a citation.
13    The technician performing the calibration and testing of
14    the automated speed enforcement equipment shall be trained
15    and certified in the use of equipment for speed
16    enforcement purposes. Training on the speed enforcement
17    equipment may be conducted by law enforcement, civilian,
18    or manufacturer's personnel and if applicable may be
19    equivalent to the equipment use and operations training
20    included in the Speed Measuring Device Operator Program
21    developed by the National Highway Traffic Safety
22    Administration (NHTSA). The vendor or technician who
23    performs the work shall keep accurate records on each
24    piece of equipment the technician calibrates and tests. As
25    used in this paragraph, "fully trained reviewing
26    technician" means a person who has received at least 40

 

 

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1    hours of supervised training in subjects which shall
2    include image inspection and interpretation, the elements
3    necessary to prove a violation, license plate
4    identification, and traffic safety and management. In all
5    municipalities and counties, the automated speed
6    enforcement system or automated traffic law ordinance
7    shall require that no additional fee shall be charged to
8    the alleged violator for exercising his or her right to an
9    administrative hearing, and persons shall be given at
10    least 25 days following an administrative hearing to pay
11    any civil penalty imposed by a finding that Section
12    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
13    local ordinance has been violated. The original or a
14    facsimile of the violation notice or, in the case of a
15    notice produced by a computerized device, a printed record
16    generated by the device showing the facts entered on the
17    notice, shall be retained by the traffic compliance
18    administrator, and shall be a record kept in the ordinary
19    course of business. A parking, standing, compliance,
20    automated speed enforcement system, or automated traffic
21    law violation notice issued, signed, and served in
22    accordance with this Section, a copy of the notice, or the
23    computer-generated record shall be prima facie correct and
24    shall be prima facie evidence of the correctness of the
25    facts shown on the notice. The notice, copy, or
26    computer-generated record shall be admissible in any

 

 

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1    subsequent administrative or legal proceedings.
2        (4) An opportunity for a hearing for the registered
3    owner of the vehicle cited in the parking, standing,
4    compliance, automated speed enforcement system, or
5    automated traffic law violation notice in which the owner
6    may contest the merits of the alleged violation, and
7    during which formal or technical rules of evidence shall
8    not apply; provided, however, that under Section 11-1306
9    of this Code the lessee of a vehicle cited in the violation
10    notice likewise shall be provided an opportunity for a
11    hearing of the same kind afforded the registered owner.
12    The hearings shall be recorded, and the person conducting
13    the hearing on behalf of the traffic compliance
14    administrator shall be empowered to administer oaths and
15    to secure by subpoena both the attendance and testimony of
16    witnesses and the production of relevant books and papers.
17    Persons appearing at a hearing under this Section may be
18    represented by counsel at their expense. The ordinance may
19    also provide for internal administrative review following
20    the decision of the hearing officer.
21        (5) Service of additional notices, sent by first class
22    United States mail, postage prepaid, to the address of the
23    registered owner of the cited vehicle as recorded with the
24    Secretary of State or, if any notice to that address is
25    returned as undeliverable, to the last known address
26    recorded in a United States Post Office approved database,

 

 

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1    or, under Section 11-1306 or subsection (p) of Section
2    11-208.6 or 11-208.9, or subsection (p) of Section
3    11-208.8 of this Code, to the lessee of the cited vehicle
4    at the last address known to the lessor of the cited
5    vehicle at the time of lease or, if any notice to that
6    address is returned as undeliverable, to the last known
7    address recorded in a United States Post Office approved
8    database. The service shall be deemed complete as of the
9    date of deposit in the United States mail. The notices
10    shall be in the following sequence and shall include, but
11    not be limited to, the information specified herein:
12            (i) A second notice of parking, standing, or
13        compliance violation if the first notice of the
14        violation was issued by affixing the original or a
15        facsimile of the notice to the unlawfully parked
16        vehicle or by handing the notice to the operator. This
17        notice shall specify or include the date and location
18        of the violation cited in the parking, standing, or
19        compliance violation notice, the particular regulation
20        violated, the vehicle make or a photograph of the
21        vehicle, the state registration number of the vehicle,
22        any requirement to complete a traffic education
23        program, the fine and any penalty that may be assessed
24        for late payment or failure to complete a traffic
25        education program, or both, when so provided by
26        ordinance, the availability of a hearing in which the

 

 

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1        violation may be contested on its merits, and the time
2        and manner in which the hearing may be had. The notice
3        of violation shall also state that failure to complete
4        a required traffic education program, to pay the
5        indicated fine and any applicable penalty, or to
6        appear at a hearing on the merits in the time and
7        manner specified, will result in a final determination
8        of violation liability for the cited violation in the
9        amount of the fine or penalty indicated, and that,
10        upon the occurrence of a final determination of
11        violation liability for the failure, and the
12        exhaustion of, or failure to exhaust, available
13        administrative or judicial procedures for review, any
14        incomplete traffic education program or any unpaid
15        fine or penalty, or both, will constitute a debt due
16        and owing the municipality or county.
17            (ii) A notice of final determination of parking,
18        standing, compliance, automated speed enforcement
19        system, or automated traffic law violation liability.
20        This notice shall be sent following a final
21        determination of parking, standing, compliance,
22        automated speed enforcement system, or automated
23        traffic law violation liability and the conclusion of
24        judicial review procedures taken under this Section.
25        The notice shall state that the incomplete traffic
26        education program or the unpaid fine or penalty, or

 

 

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1        both, is a debt due and owing the municipality or
2        county. The notice shall contain warnings that failure
3        to complete any required traffic education program or
4        to pay any fine or penalty due and owing the
5        municipality or county, or both, within the time
6        specified may result in the municipality's or county's
7        filing of a petition in the Circuit Court to have the
8        incomplete traffic education program or unpaid fine or
9        penalty, or both, rendered a judgment as provided by
10        this Section, or, where applicable, may result in
11        suspension of the person's driver's license for
12        failure to complete a traffic education program.
13        (6) A notice of impending driver's license suspension.
14    This notice shall be sent to the person liable for failure
15    to complete a required traffic education program. The
16    notice shall state that failure to complete a required
17    traffic education program within 45 days of the notice's
18    date will result in the municipality or county notifying
19    the Secretary of State that the person is eligible for
20    initiation of suspension proceedings under Section 6-306.5
21    of this Code. The notice shall also state that the person
22    may obtain a photostatic copy of an original ticket
23    imposing a fine or penalty by sending a self-addressed,
24    stamped envelope to the municipality or county along with
25    a request for the photostatic copy. The notice of
26    impending driver's license suspension shall be sent by

 

 

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1    first class United States mail, postage prepaid, to the
2    address recorded with the Secretary of State or, if any
3    notice to that address is returned as undeliverable, to
4    the last known address recorded in a United States Post
5    Office approved database.
6        (7) Final determinations of violation liability. A
7    final determination of violation liability shall occur
8    following failure to complete the required traffic
9    education program or to pay the fine or penalty, or both,
10    after a hearing officer's determination of violation
11    liability and the exhaustion of or failure to exhaust any
12    administrative review procedures provided by ordinance.
13    Where a person fails to appear at a hearing to contest the
14    alleged violation in the time and manner specified in a
15    prior mailed notice, the hearing officer's determination
16    of violation liability shall become final: (A) upon denial
17    of a timely petition to set aside that determination, or
18    (B) upon expiration of the period for filing the petition
19    without a filing having been made.
20        (8) A petition to set aside a determination of
21    parking, standing, compliance, automated speed enforcement
22    system, or automated traffic law violation liability that
23    may be filed by a person owing an unpaid fine or penalty. A
24    petition to set aside a determination of liability may
25    also be filed by a person required to complete a traffic
26    education program. The petition shall be filed with and

 

 

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1    ruled upon by the traffic compliance administrator in the
2    manner and within the time specified by ordinance. The
3    grounds for the petition may be limited to: (A) the person
4    not having been the owner or lessee of the cited vehicle on
5    the date the violation notice was issued, (B) the person
6    having already completed the required traffic education
7    program or paid the fine or penalty, or both, for the
8    violation in question, and (C) excusable failure to appear
9    at or request a new date for a hearing. With regard to
10    municipalities or counties with a population of 1 million
11    or more, it shall be grounds for dismissal of a parking
12    violation if the state registration number or vehicle
13    make, only if specified in the violation notice, is
14    incorrect. After the determination of parking, standing,
15    compliance, automated speed enforcement system, or
16    automated traffic law violation liability has been set
17    aside upon a showing of just cause, the registered owner
18    shall be provided with a hearing on the merits for that
19    violation.
20        (9) Procedures for non-residents. Procedures by which
21    persons who are not residents of the municipality or
22    county may contest the merits of the alleged violation
23    without attending a hearing.
24        (10) A schedule of civil fines for violations of
25    vehicular standing, parking, compliance, automated speed
26    enforcement system, or automated traffic law regulations

 

 

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1    enacted by ordinance pursuant to this Section, and a
2    schedule of penalties for late payment of the fines or
3    failure to complete required traffic education programs,
4    provided, however, that the total amount of the fine and
5    penalty for any one violation shall not exceed $250,
6    except as provided in subsection (c) of Section 11-1301.3
7    of this Code.
8        (11) Other provisions as are necessary and proper to
9    carry into effect the powers granted and purposes stated
10    in this Section.
11    (b-5) An automated speed enforcement system or automated
12traffic law ordinance adopted under this Section by a
13municipality or county shall require that the determination to
14issue a citation be vested solely with the municipality or
15county and that such authority may not be delegated to any
16vendor retained by the municipality or county. Any contract or
17agreement violating such a provision in the ordinance is null
18and void.
19    (c) Any municipality or county establishing vehicular
20standing, parking, compliance, automated speed enforcement
21system, or automated traffic law regulations under this
22Section may also provide by ordinance for a program of vehicle
23immobilization for the purpose of facilitating enforcement of
24those regulations. The program of vehicle immobilization shall
25provide for immobilizing any eligible vehicle upon the public
26way by presence of a restraint in a manner to prevent operation

 

 

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1of the vehicle. Any ordinance establishing a program of
2vehicle immobilization under this Section shall provide:
3        (1) Criteria for the designation of vehicles eligible
4    for immobilization. A vehicle shall be eligible for
5    immobilization when the registered owner of the vehicle
6    has accumulated the number of incomplete traffic education
7    programs or unpaid final determinations of parking,
8    standing, compliance, automated speed enforcement system,
9    or automated traffic law violation liability, or both, as
10    determined by ordinance.
11        (2) A notice of impending vehicle immobilization and a
12    right to a hearing to challenge the validity of the notice
13    by disproving liability for the incomplete traffic
14    education programs or unpaid final determinations of
15    parking, standing, compliance, automated speed enforcement
16    system, or automated traffic law violation liability, or
17    both, listed on the notice.
18        (3) The right to a prompt hearing after a vehicle has
19    been immobilized or subsequently towed without the
20    completion of the required traffic education program or
21    payment of the outstanding fines and penalties on parking,
22    standing, compliance, automated speed enforcement system,
23    or automated traffic law violations, or both, for which
24    final determinations have been issued. An order issued
25    after the hearing is a final administrative decision
26    within the meaning of Section 3-101 of the Code of Civil

 

 

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1    Procedure.
2        (4) A post immobilization and post-towing notice
3    advising the registered owner of the vehicle of the right
4    to a hearing to challenge the validity of the impoundment.
5    (d) Judicial review of final determinations of parking,
6standing, compliance, automated speed enforcement system, or
7automated traffic law violations and final administrative
8decisions issued after hearings regarding vehicle
9immobilization and impoundment made under this Section shall
10be subject to the provisions of the Administrative Review Law.
11    (e) Any fine, penalty, incomplete traffic education
12program, or part of any fine or any penalty remaining unpaid
13after the exhaustion of, or the failure to exhaust,
14administrative remedies created under this Section and the
15conclusion of any judicial review procedures shall be a debt
16due and owing the municipality or county and, as such, may be
17collected in accordance with applicable law. Completion of any
18required traffic education program and payment in full of any
19fine or penalty resulting from a standing, parking,
20compliance, automated speed enforcement system, or automated
21traffic law violation shall constitute a final disposition of
22that violation.
23    (f) After the expiration of the period within which
24judicial review may be sought for a final determination of
25parking, standing, compliance, automated speed enforcement
26system, or automated traffic law violation, the municipality

 

 

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1or county may commence a proceeding in the Circuit Court for
2purposes of obtaining a judgment on the final determination of
3violation. Nothing in this Section shall prevent a
4municipality or county from consolidating multiple final
5determinations of parking, standing, compliance, automated
6speed enforcement system, or automated traffic law violations
7against a person in a proceeding. Upon commencement of the
8action, the municipality or county shall file a certified copy
9or record of the final determination of parking, standing,
10compliance, automated speed enforcement system, or automated
11traffic law violation, which shall be accompanied by a
12certification that recites facts sufficient to show that the
13final determination of violation was issued in accordance with
14this Section and the applicable municipal or county ordinance.
15Service of the summons and a copy of the petition may be by any
16method provided by Section 2-203 of the Code of Civil
17Procedure or by certified mail, return receipt requested,
18provided that the total amount of fines and penalties for
19final determinations of parking, standing, compliance,
20automated speed enforcement system, or automated traffic law
21violations does not exceed $2500. If the court is satisfied
22that the final determination of parking, standing, compliance,
23automated speed enforcement system, or automated traffic law
24violation was entered in accordance with the requirements of
25this Section and the applicable municipal or county ordinance,
26and that the registered owner or the lessee, as the case may

 

 

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1be, had an opportunity for an administrative hearing and for
2judicial review as provided in this Section, the court shall
3render judgment in favor of the municipality or county and
4against the registered owner or the lessee for the amount
5indicated in the final determination of parking, standing,
6compliance, automated speed enforcement system, or automated
7traffic law violation, plus costs. The judgment shall have the
8same effect and may be enforced in the same manner as other
9judgments for the recovery of money.
10    (g) The fee for participating in a traffic education
11program under this Section shall not exceed $25.
12    A low-income individual required to complete a traffic
13education program under this Section who provides proof of
14eligibility for the federal earned income tax credit under
15Section 32 of the Internal Revenue Code or the Illinois earned
16income tax credit under Section 212 of the Illinois Income Tax
17Act shall not be required to pay any fee for participating in a
18required traffic education program.
19    (h) Notwithstanding any other provision of law to the
20contrary, a person shall not be liable for violations, fees,
21fines, or penalties under this Section during the period in
22which the motor vehicle was stolen or hijacked, as indicated
23in a report to the appropriate law enforcement agency filed in
24a timely manner.
25(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23;
26103-364, eff. 7-28-23.)
 

 

 

SB3177- 21 -LRB103 36928 MXP 67042 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.