Rep. Jim Sacia
Filed: 4/25/2007
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1 | AMENDMENT TO HOUSE BILL 3126
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2 | AMENDMENT NO. ______. Amend House Bill 3126 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 11-605.1 as follows: | ||||||
6 | (625 ILCS 5/11-605.1) | ||||||
7 | Sec. 11-605.1. Special limit while traveling through a | ||||||
8 | highway construction or maintenance speed zone. | ||||||
9 | (a) A person may not operate a motor vehicle in a | ||||||
10 | construction or maintenance speed zone at a speed in excess of | ||||||
11 | the posted speed limit.
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12 | (b) Nothing in this Chapter prohibits the use of electronic | ||||||
13 | speed-detecting devices or automated traffic control systems
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14 | within 500 feet of signs within a construction or maintenance | ||||||
15 | speed zone indicating the zone, as defined in this Section, nor | ||||||
16 | shall evidence obtained by use of those devices or systems be |
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1 | inadmissible in any prosecution for speeding, provided the use | ||||||
2 | of the device or system shall apply only to the enforcement of | ||||||
3 | the special speed limit in the construction or maintenance | ||||||
4 | speed zone.
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5 | (c) As used in this Section, a "construction or maintenance | ||||||
6 | speed zone" is an area in which the Department, Toll Highway | ||||||
7 | Authority, or local agency has determined that the preexisting | ||||||
8 | established speed limit through a highway construction or | ||||||
9 | maintenance project is greater than is reasonable or safe with | ||||||
10 | respect to the conditions expected to exist in the construction | ||||||
11 | or maintenance speed zone and has posted a lower speed limit | ||||||
12 | with a highway construction or maintenance speed zone special | ||||||
13 | speed limit sign. | ||||||
14 | Highway construction or maintenance speed zone special | ||||||
15 | speed limit signs shall be of a design approved by the | ||||||
16 | Department. The signs must give proper due warning that a | ||||||
17 | construction or maintenance speed zone is being approached and | ||||||
18 | must indicate the maximum speed limit in effect. The signs also | ||||||
19 | must state the amount of the minimum fine for a violation.
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20 | (d) A first violation of this Section is a petty offense | ||||||
21 | with a minimum fine of $250. A second or subsequent violation | ||||||
22 | of this Section is a petty offense with a minimum fine of $750. | ||||||
23 | (e) If a fine for a violation of this Section is $250 or | ||||||
24 | greater, the person who violated this Section shall be charged | ||||||
25 | an additional $125, which shall be deposited into the | ||||||
26 | Transportation Safety Highway Hire-back Fund in the State |
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1 | treasury, unless (i) the violation occurred on a highway other | ||||||
2 | than an interstate highway and (ii) a county police officer | ||||||
3 | wrote the ticket for the violation, in which case the $125 | ||||||
4 | shall be deposited into that county's Transportation Safety | ||||||
5 | Highway Hire-back Fund. In the case of a second or subsequent | ||||||
6 | violation of this Section, if the fine is $750 or greater, the | ||||||
7 | person who violated this Section shall be charged an additional | ||||||
8 | $250, which shall be deposited into the Transportation Safety | ||||||
9 | Highway Hire-back Fund in the State treasury, unless (i) the | ||||||
10 | violation occurred on a highway other than an interstate | ||||||
11 | highway and (ii) a county police officer wrote the ticket for | ||||||
12 | the violation, in which case the $250 shall be deposited into | ||||||
13 | that county's Transportation Safety Highway Hire-back Fund.
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14 | (e-5) The Department of State Police and the local county | ||||||
15 | police department have concurrent jurisdiction over any | ||||||
16 | violation of this Section that occurs on an interstate highway.
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17 | (f) The Transportation Safety Highway Hire-back Fund, | ||||||
18 | which was created by Public Act 92-619, shall continue to be a | ||||||
19 | special fund in the State treasury. Subject to appropriation by | ||||||
20 | the General Assembly and approval by the Secretary, the | ||||||
21 | Secretary of Transportation shall , except as otherwise | ||||||
22 | provided in this subsection (f), use all moneys in the | ||||||
23 | Transportation Safety Highway Hire-back Fund for the primary | ||||||
24 | purpose of hiring
to hire off-duty Department of State Police | ||||||
25 | officers to monitor construction or maintenance zones. Any | ||||||
26 | surplus moneys in this fund created as a result of fines |
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1 | collected from the use of the automated traffic control systems | ||||||
2 | may also be used to hire
off-duty Department of State Police | ||||||
3 | officers to monitor a construction or maintenance zone by use | ||||||
4 | of an automated traffic control system and to hire off-duty | ||||||
5 | Department of State Police personnel to process these alleged | ||||||
6 | violations. Moneys in this fund may also be used for the | ||||||
7 | purchase, maintenance, operation, upgrade, and support of | ||||||
8 | automated traffic control systems for use in construction and | ||||||
9 | maintenance zones.
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10 | (f-5) Each county shall create a Transportation Safety | ||||||
11 | Highway Hire-back Fund. The county shall use all moneys in its | ||||||
12 | Transportation Safety Highway Hire-back Fund to hire off-duty | ||||||
13 | county police officers to monitor construction or maintenance | ||||||
14 | zones in that county on highways other than interstate | ||||||
15 | highways.
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16 | (g) For a second or subsequent violation of this Section | ||||||
17 | within 2 years of the date of the previous violation, the | ||||||
18 | Secretary of State shall suspend the driver's license of the | ||||||
19 | violator for a period of 90 days.
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20 | (Source: P.A. 93-955, eff. 8-19-04; 94-814, eff. 1-1-07.) | ||||||
21 | Section 10. The Automated Traffic Control Systems in | ||||||
22 | Highway Construction or Maintenance Zones Act is amended by | ||||||
23 | changing Sections 10, 15, 25, 30, 40, and 45 and by adding | ||||||
24 | Section 37 as follows: |
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1 | (625 ILCS 7/10)
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2 | Sec. 10. Establishment of automated control systems.
The | ||||||
3 | Department of State Police may establish an automated traffic | ||||||
4 | control system in any construction or maintenance zone | ||||||
5 | established by the Department of Transportation or the Illinois | ||||||
6 | State Toll Highway Authority. An automated traffic control | ||||||
7 | system may operate only during those periods when workers are | ||||||
8 | present in the construction or maintenance zone. In any | ||||||
9 | prosecution based upon evidence obtained through an automated | ||||||
10 | traffic control system established under this Act, the State | ||||||
11 | must prove that one or more workers were present in the | ||||||
12 | construction or maintenance zone when the violation occurred.
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13 | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | ||||||
14 | 94-814, eff. 1-1-07.) | ||||||
15 | (625 ILCS 7/15)
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16 | Sec. 15. Definitions. As used in this Act: | ||||||
17 | (a) "Automated traffic control system" means a | ||||||
18 | photographic device, radar device, laser device, or other | ||||||
19 | electrical or mechanical device or devices designed to record | ||||||
20 | the speed of a vehicle and obtain a clear photograph or other | ||||||
21 | recorded image of the vehicle, the vehicle operator, and the | ||||||
22 | vehicle's registration plate while the driver is violating | ||||||
23 | Section 11-605.1 of the Illinois Vehicle Code. The photograph | ||||||
24 | or other recorded image must also display the time, date, and | ||||||
25 | location of the violation. A law enforcement officer is not |
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1 | required to be present or to witness the violation. | ||||||
2 | (b) "Construction or maintenance zone" means an area in | ||||||
3 | which the Department of Transportation or the Illinois State | ||||||
4 | Toll Highway Authority has determined that the preexisting | ||||||
5 | established speed limit through a highway construction or | ||||||
6 | maintenance project is greater than is reasonable or safe with
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7 | respect to the conditions expected to exist in the construction | ||||||
8 | or maintenance
zone and has posted a lower speed limit with a | ||||||
9 | highway construction or maintenance zone special speed limit | ||||||
10 | sign in accordance with Section 11-605.1 of the Illinois | ||||||
11 | Vehicle Code. | ||||||
12 | (c) "Owner" means the person or entity to whom the vehicle | ||||||
13 | is registered.
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14 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
15 | (625 ILCS 7/25)
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16 | Sec. 25. Limitations on the use of automated traffic | ||||||
17 | enforcement systems. | ||||||
18 | (a) The Department of State Police must conduct a public | ||||||
19 | information campaign to inform drivers about the use of | ||||||
20 | automated traffic
control systems in highway construction or | ||||||
21 | maintenance zones before establishing any of those systems. The | ||||||
22 | Department of State Police shall adopt rules for implementing | ||||||
23 | this subsection (a). | ||||||
24 | (b) Signs indicating that speeds are enforced by automated | ||||||
25 | traffic control systems must be clearly posted in the areas |
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1 | where the systems are in use. | ||||||
2 | (c) Operation of automated traffic control systems is | ||||||
3 | limited to areas where road construction or maintenance zones | ||||||
4 | as defined by this Act
is occurring . | ||||||
5 | (d) Photographs obtained in this manner may only be used as | ||||||
6 | evidence in relation to a violation of Section 11-605.1 of the | ||||||
7 | Illinois Vehicle Code for which the photograph is taken , unless | ||||||
8 | otherwise allowed by law. Photographs or recorded images made | ||||||
9 | by an automated traffic control system are confidential and | ||||||
10 | shall be made available only to the owner of the vehicle, the | ||||||
11 | alleged offender, the alleged offender's attorney, the | ||||||
12 | judiciary, the local State's Attorney, and governmental or law | ||||||
13 | enforcement agencies . The photographs are available only to the | ||||||
14 | owner of the vehicle, the offender and the offender's attorney, | ||||||
15 | the judiciary, the local State's Attorney, and law enforcement | ||||||
16 | officials. | ||||||
17 | (e) If the driver of the vehicle cannot be identified | ||||||
18 | through the photograph, the owner is not liable for the fine, | ||||||
19 | and the citation may not be counted against the driving record | ||||||
20 | of the owner. If the driver can be identified, the driver is | ||||||
21 | liable for the fine, and the violation is counted against his | ||||||
22 | or her driving record.
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23 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
24 | (625 ILCS 7/30)
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25 | Sec. 30. Requirements for issuance of a citation. |
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1 | (a) The vehicle, vehicle operator, vehicle registration | ||||||
2 | plate, speed, date, time, and location must be clearly visible | ||||||
3 | on the photograph or other recorded image of the alleged | ||||||
4 | violation. | ||||||
5 | (b) An Illinois State Police
A Uniform Traffic Citation and | ||||||
6 | Complaint must be mailed or otherwise delivered to the | ||||||
7 | registered owner of the vehicle and to the alleged driver of | ||||||
8 | the vehicle . If mailed, the citation must be sent via certified | ||||||
9 | mail within 14
business days of the alleged violation , return | ||||||
10 | receipt requested . | ||||||
11 | (c) The Illinois State Police
Uniform Traffic Citation and | ||||||
12 | Complaint must include: | ||||||
13 | (1) the name and address of the vehicle owner; | ||||||
14 | (2) the registration number of the vehicle; | ||||||
15 | (3) the offense charged; | ||||||
16 | (4) the time, date, and location of the violation; | ||||||
17 | (5) the first available court date; and
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18 | (6) notice that the basis of the citation is the | ||||||
19 | photograph or recorded image from the automated traffic | ||||||
20 | control system. | ||||||
21 | (d) The Illinois State Police
Uniform Traffic Citation and | ||||||
22 | Complaint issued to the alleged violator must be accompanied by | ||||||
23 | a written document that lists the alleged violator's rights and | ||||||
24 | obligations and explains how the alleged violator can elect to | ||||||
25 | proceed by either paying the fine or challenging the issuance | ||||||
26 | of the Illinois State Police
Uniform Traffic Citation and |
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1 | Complaint .
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2 | (e) The written document accompanying the Illinois State | ||||||
3 | Police Citation and Complaint should advise the registered | ||||||
4 | owner that, if the owner was not the operator of the vehicle as | ||||||
5 | identified in the photograph or recorded image from the | ||||||
6 | automated traffic control system in use at the time of the | ||||||
7 | alleged offense, the owner must notify the Department of State | ||||||
8 | Police, in writing, of the number of the Illinois State Police | ||||||
9 | Citation and Complaint received and the name, driver's license | ||||||
10 | number, and address of the person operating the vehicle as | ||||||
11 | identified in the photograph or recorded image from the | ||||||
12 | automated traffic control system in use at the time of the | ||||||
13 | alleged offense. The document should state if the owner fails | ||||||
14 | to notify the Department of State Police, in writing, of the | ||||||
15 | name, driver's license number, and address of the operator of | ||||||
16 | the vehicle as identified in the photograph or recorded image | ||||||
17 | from the automated traffic control system in use at the time of | ||||||
18 | the alleged offense, the Secretary of State may suspend the | ||||||
19 | registration of the owner's vehicle in accordance with Section | ||||||
20 | 37.
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21 | (f) If the registered owner of the vehicle was not the | ||||||
22 | operator of the vehicle as identified in the photograph or | ||||||
23 | recorded image from the automated traffic control system in use | ||||||
24 | at the time of the alleged offense, and if the registered owner | ||||||
25 | notifies the Department of State Police of the name, driver's | ||||||
26 | license number, and address of the operator of the vehicle as |
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1 | identified in the photograph or recorded image from the | ||||||
2 | automated traffic control system in use at the time of the | ||||||
3 | alleged offense as required in subsection (e), the Department | ||||||
4 | of State Police shall then issue an Illinois State Police | ||||||
5 | Citation and Complaint to the person alleged by the registered | ||||||
6 | owner to have been the operator of the vehicle as identified in | ||||||
7 | the photograph or recorded image from the automated traffic | ||||||
8 | control system in use at the time of the alleged offense. If | ||||||
9 | the registered owner fails to notify in writing the Department | ||||||
10 | of State Police of the name, driver's license number, and | ||||||
11 | address of the operator of the vehicle as identified in the | ||||||
12 | photograph or recorded image from the automated traffic control | ||||||
13 | system in use at the time of the alleged offense, or if the | ||||||
14 | information provided by the registered owner is incorrect or | ||||||
15 | incomplete, the registered owner may be held accountable for | ||||||
16 | the violation cited in accordance with Section 37.
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17 | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | ||||||
18 | 94-814, eff. 1-1-07.) | ||||||
19 | (625 ILCS 7/37 new) | ||||||
20 | Sec. 37. Suspension of vehicle registration. | ||||||
21 | Notwithstanding any other penalties that may be imposed, the | ||||||
22 | Secretary of State may suspend the registration of any vehicle | ||||||
23 | that violates this Act if the registered owner does not comply | ||||||
24 | with this Act. |
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1 | (625 ILCS 7/40)
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2 | Sec. 40. Admissibility of recorded images. Except as | ||||||
3 | provided in Section 45, any photograph or other recorded image | ||||||
4 | evidencing a violation of Section 11-605.1 of the Illinois | ||||||
5 | Vehicle Code is admissible in any proceeding resulting from the | ||||||
6 | issuance of the Illinois State Police
Uniform Traffic Citation | ||||||
7 | and Complaint . Photographs or recorded images made by an | ||||||
8 | automatic traffic control system are confidential and shall be | ||||||
9 | made available only to the defendant and to governmental or law | ||||||
10 | enforcement agencies within the jurisdiction for the purposes | ||||||
11 | of adjudicating a driving violation.
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12 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
13 | (625 ILCS 7/45)
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14 | Sec. 45. Corporation, association, business, or vehicle
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15 | Vehicle rental or leasing company's identification of a driver,
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16 | renter , or lessee. | ||||||
17 | (a)
An Illinois State Police
A Uniform Traffic Citation and | ||||||
18 | Complaint issued under this Act to a motor vehicle rental or | ||||||
19 | leasing company shall be dismissed with respect to the | ||||||
20 | corporation, association, business, rental or leasing company | ||||||
21 | if: | ||||||
22 | (1) the corporation, association, business, or company | ||||||
23 | responds to the Illinois State Police
Uniform Traffic
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24 | Citation and Complaint by submitting, within 30 days of the | ||||||
25 | mailing of the citation, an affidavit of non-liability |
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1 | stating that, at the time of the alleged speeding or other | ||||||
2 | traffic violation, the vehicle was in the custody and | ||||||
3 | control of a renter or lessee under the terms of a rental | ||||||
4 | agreement or lease; and | ||||||
5 | (2) the corporation, association, business, or company | ||||||
6 | provides the driver's license number, name, and address of | ||||||
7 | the renter or lessee. | ||||||
8 | (b) Illinois State Police
A Uniform Traffic Citation and | ||||||
9 | Complaint dismissed with respect to a motor vehicle rental or | ||||||
10 | leasing company in accordance with subsection (a) may then be | ||||||
11 | issued and delivered by mail or other means to the renter or | ||||||
12 | lessee identified in the photograph or recorded image from the | ||||||
13 | automated traffic control system and by the affidavit of | ||||||
14 | non-liability.
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15 | (c) The Department of State Police shall notify the | ||||||
16 | Secretary of State if a corporation, association, business, or | ||||||
17 | vehicle rental or leasing company fails to comply with this | ||||||
18 | Section. The Secretary may suspend the vehicle registration or | ||||||
19 | the fleet registration of any corporation, association, | ||||||
20 | business, or vehicle rental or leasing company that fails to | ||||||
21 | comply with this Section.
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22 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
23 | (625 ILCS 7/35 rep.) | ||||||
24 | Section 15. The Automated Traffic Control Systems in | ||||||
25 | Highway Construction or Maintenance Zones Act is amended by |
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1 | repealing Section 35.".
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