101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3376

 

Introduced 2/14/2020, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-209.1
625 ILCS 5/6-306.5  from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208.3  from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-208.6
625 ILCS 5/11-208.8

    Amends the Illinois Vehicle Code. Provides that the Secretary of State may not suspend the driving privileges of a person for violations of a Section of the Code relating to the automated traffic law enforcement of red light violations. Provides that the Secretary shall rescind the suspension or cancellation of a person's driver's license that has been suspended or canceled before the effective date due to the person having failed to pay any fine or penalty due and owing as a result of 5 offenses for automated speed enforcement system violations or automated traffic violations. Makes corresponding changes. Deletes language providing that the driver's license number of a lessee may be subsequently individually requested by the appropriate authority if needed for automated speed or traffic law enforcement.


LRB101 19285 HEP 68751 b

 

 

A BILL FOR

 

SB3376LRB101 19285 HEP 68751 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 changing
5Sections 6-209.1, 6-306.5, 11-208.3, 11-208.6, and 11-208.8 as
6follows:
 
7    (625 ILCS 5/6-209.1)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    Sec. 6-209.1. Restoration of driving privileges;
11revocation; suspension; cancellation.
12    (a) The Secretary shall rescind the suspension or
13cancellation of a person's driver's license that has been
14suspended or canceled before July 1, 2020 the effective date of
15this amendatory Act of the 101st General Assembly due to:
16        (1) the person being convicted of theft of motor fuel
17    under Sections 16-25 or 16K-15 of the Criminal Code of 1961
18    or the Criminal Code of 2012;
19        (2) the person, since the issuance of the driver's
20    license, being adjudged to be afflicted with or suffering
21    from any mental disability or disease;
22        (3) a violation of Section 6-16 of the Liquor Control
23    Act of 1934 or a similar provision of a local ordinance;

 

 

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1        (4) the person being convicted of a violation of
2    Section 6-20 of the Liquor Control Act of 1934 or a similar
3    provision of a local ordinance, if the person presents a
4    certified copy of a court order that includes a finding
5    that the person was not an occupant of a motor vehicle at
6    the time of the violation;
7        (5) the person receiving a disposition of court
8    supervision for a violation of subsections (a), (d), or (e)
9    of Section 6-20 of the Liquor Control Act of 1934 or a
10    similar provision of a local ordinance, if the person
11    presents a certified copy of a court order that includes a
12    finding that the person was not an occupant of a motor
13    vehicle at the time of the violation;
14        (6) the person failing to pay any fine or penalty due
15    or owing as a result of 10 or more violations of a
16    municipality's or county's vehicular standing, parking, or
17    compliance regulations established by ordinance under
18    Section 11-208.3 of this Code;
19        (7) the person failing to satisfy any fine or penalty
20    resulting from a final order issued by the Authority
21    relating directly or indirectly to 5 or more toll
22    violations, toll evasions, or both;
23        (8) the person being convicted of a violation of
24    Section 4-102 of this Code, if the person presents a
25    certified copy of a court order that includes a finding
26    that the person did not exercise actual physical control of

 

 

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1    the vehicle at the time of the violation; or
2        (9) the person being convicted of criminal trespass to
3    vehicles under Section 21-2 of the Criminal Code of 2012,
4    if the person presents a certified copy of a court order
5    that includes a finding that the person did not exercise
6    actual physical control of the vehicle at the time of the
7    violation.
8    (b) The Secretary shall rescind the suspension or
9cancellation of a person's driver's license that has been
10suspended or canceled before the effective date of this
11amendatory Act of the 101st General Assembly due to the person
12having failed to pay any fine or penalty due and owing as a
13result of 5 offenses for automated traffic law enforcement
14system violations as defined in Section 11-208.6.
15(Source: P.A. 101-623, eff. 7-1-20.)
 
16    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
17    (Text of Section before amendment by P.A. 101-623)
18    Sec. 6-306.5. Failure to pay fine or penalty for standing,
19parking, compliance, automated speed enforcement system, or
20automated traffic law violations; suspension of driving
21privileges.
22    (a) Upon receipt of a certified report, as prescribed by
23subsection (c) of this Section, from any municipality or county
24stating that the owner of a registered vehicle: (1) has failed
25to pay any fine or penalty due and owing as a result of 10 or

 

 

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1more violations of a municipality's or county's vehicular
2standing, parking, or compliance regulations established by
3ordinance pursuant to Section 11-208.3 of this Code, (2) has
4failed to pay any fine or penalty due and owing as a result of 5
5offenses for automated speed enforcement system violations or
6automated traffic violations as defined in Sections 11-208.6,
711-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
8(3) is more than 14 days in default of a payment plan pursuant
9to which a suspension had been terminated under subsection (c)
10of this Section, the Secretary of State shall suspend the
11driving privileges of such person in accordance with the
12procedures set forth in this Section. The Secretary shall also
13suspend the driving privileges of an owner of a registered
14vehicle upon receipt of a certified report, as prescribed by
15subsection (f) of this Section, from any municipality or county
16stating that such person has failed to satisfy any fines or
17penalties imposed by final judgments for 5 or more automated
18speed enforcement system or automated traffic law violations,
19or combination thereof, or 10 or more violations of local
20standing, parking, or compliance regulations after exhaustion
21of judicial review procedures.
22    (b) Following receipt of the certified report of the
23municipality or county as specified in this Section, the
24Secretary of State shall notify the person whose name appears
25on the certified report that the person's drivers license will
26be suspended at the end of a specified period of time unless

 

 

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1the Secretary of State is presented with a notice from the
2municipality or county certifying that the fine or penalty due
3and owing the municipality or county has been paid or that
4inclusion of that person's name on the certified report was in
5error. The Secretary's notice shall state in substance the
6information contained in the municipality's or county's
7certified report to the Secretary, and shall be effective as
8specified by subsection (c) of Section 6-211 of this Code.
9    (c) The report of the appropriate municipal or county
10official notifying the Secretary of State of unpaid fines or
11penalties pursuant to this Section shall be certified and shall
12contain the following:
13        (1) The name, last known address as recorded with the
14    Secretary of State, as provided by the lessor of the cited
15    vehicle at the time of lease, or as recorded in a United
16    States Post Office approved database if any notice sent
17    under Section 11-208.3 of this Code is returned as
18    undeliverable, and drivers license number of the person who
19    failed to pay the fine or penalty or who has defaulted in a
20    payment plan and the registration number of any vehicle
21    known to be registered to such person in this State.
22        (2) The name of the municipality or county making the
23    report pursuant to this Section.
24        (3) A statement that the municipality or county sent a
25    notice of impending drivers license suspension as
26    prescribed by ordinance enacted pursuant to Section

 

 

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1    11-208.3 of this Code or a notice of default in a payment
2    plan, to the person named in the report at the address
3    recorded with the Secretary of State or at the last address
4    known to the lessor of the cited vehicle at the time of
5    lease or, if any notice sent under Section 11-208.3 of this
6    Code is returned as undeliverable, at the last known
7    address recorded in a United States Post Office approved
8    database; the date on which such notice was sent; and the
9    address to which such notice was sent. In a municipality or
10    county with a population of 1,000,000 or more, the report
11    shall also include a statement that the alleged violator's
12    State vehicle registration number and vehicle make, if
13    specified on the automated speed enforcement system
14    violation or automated traffic law violation notice, are
15    correct as they appear on the citations.
16        (4) A unique identifying reference number for each
17    request of suspension sent whenever a person has failed to
18    pay the fine or penalty or has defaulted on a payment plan.
19    (d) Any municipality or county making a certified report to
20the Secretary of State pursuant to this Section shall notify
21the Secretary of State, in a form prescribed by the Secretary,
22whenever a person named in the certified report has paid the
23previously reported fine or penalty, whenever a person named in
24the certified report has entered into a payment plan pursuant
25to which the municipality or county has agreed to terminate the
26suspension, or whenever the municipality or county determines

 

 

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1that the original report was in error. A certified copy of such
2notification shall also be given upon request and at no
3additional charge to the person named therein. Upon receipt of
4the municipality's or county's notification or presentation of
5a certified copy of such notification, the Secretary of State
6shall terminate the suspension.
7    (e) Any municipality or county making a certified report to
8the Secretary of State pursuant to this Section shall also by
9ordinance establish procedures for persons to challenge the
10accuracy of the certified report. The ordinance shall also
11state the grounds for such a challenge, which may be limited to
12(1) the person not having been the owner or lessee of the
13vehicle or vehicles receiving 10 or more standing, parking, or
14compliance violation notices or a combination of 5 or more
15automated speed enforcement system or automated traffic law
16violations on the date or dates such notices were issued; and
17(2) the person having already paid the fine or penalty for the
1810 or more standing, parking, or compliance violations or
19combination of 5 or more automated speed enforcement system or
20automated traffic law violations indicated on the certified
21report.
22    (f) Any municipality or county, other than a municipality
23or county establishing vehicular standing, parking, and
24compliance regulations pursuant to Section 11-208.3, automated
25speed enforcement system regulations under Section 11-208.8,
26or automated traffic law regulations under Section 11-208.6,

 

 

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111-208.9, or 11-1201.1, may also cause a suspension of a
2person's drivers license pursuant to this Section. Such
3municipality or county may invoke this sanction by making a
4certified report to the Secretary of State upon a person's
5failure to satisfy any fine or penalty imposed by final
6judgment for 10 or more violations of local standing, parking,
7or compliance regulations or a combination of 5 or more
8automated speed enforcement system or automated traffic law
9violations after exhaustion of judicial review procedures, but
10only if:
11        (1) the municipality or county complies with the
12    provisions of this Section in all respects except in regard
13    to enacting an ordinance pursuant to Section 11-208.3;
14        (2) the municipality or county has sent a notice of
15    impending drivers license suspension as prescribed by an
16    ordinance enacted pursuant to subsection (g) of this
17    Section; and
18        (3) in municipalities or counties with a population of
19    1,000,000 or more, the municipality or county has verified
20    that the alleged violator's State vehicle registration
21    number and vehicle make are correct as they appear on the
22    citations.
23    (g) Any municipality or county, other than a municipality
24or county establishing standing, parking, and compliance
25regulations pursuant to Section 11-208.3, automated speed
26enforcement system regulations under Section 11-208.8, or

 

 

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1automated traffic law regulations under Section 11-208.6,
211-208.9, or 11-1201.1, may provide by ordinance for the
3sending of a notice of impending drivers license suspension to
4the person who has failed to satisfy any fine or penalty
5imposed by final judgment for 10 or more violations of local
6standing, parking, or compliance regulations or a combination
7of 5 or more automated speed enforcement system or automated
8traffic law violations after exhaustion of judicial review
9procedures. An ordinance so providing shall specify that the
10notice sent to the person liable for any fine or penalty shall
11state that failure to pay the fine or penalty owing within 45
12days of the notice's date will result in the municipality or
13county notifying the Secretary of State that the person's
14drivers license is eligible for suspension pursuant to this
15Section. The notice of impending drivers license suspension
16shall be sent by first class United States mail, postage
17prepaid, to the address recorded with the Secretary of State or
18at the last address known to the lessor of the cited vehicle at
19the time of lease or, if any notice sent under Section 11-208.3
20of this Code is returned as undeliverable, to the last known
21address recorded in a United States Post Office approved
22database.
23    (h) An administrative hearing to contest an impending
24suspension or a suspension made pursuant to this Section may be
25had upon filing a written request with the Secretary of State.
26The filing fee for this hearing shall be $20, to be paid at the

 

 

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1time the request is made. A municipality or county which files
2a certified report with the Secretary of State pursuant to this
3Section shall reimburse the Secretary for all reasonable costs
4incurred by the Secretary as a result of the filing of the
5report, including but not limited to the costs of providing the
6notice required pursuant to subsection (b) and the costs
7incurred by the Secretary in any hearing conducted with respect
8to the report pursuant to this subsection and any appeal from
9such a hearing.
10    (i) The provisions of this Section shall apply on and after
11January 1, 1988.
12    (j) For purposes of this Section, the term "compliance
13violation" is defined as in Section 11-208.3.
14(Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
1598-556, eff. 1-1-14.)
 
16    (Text of Section after amendment by P.A. 101-623)
17    Sec. 6-306.5. Failure to pay fine or penalty for standing,
18parking, compliance, automated speed enforcement system, or
19automated traffic law violations; suspension of driving
20privileges.
21    (a) Upon receipt of a certified report, as prescribed by
22subsection (c) of this Section, from any municipality or county
23stating that the owner of a registered vehicle has failed to
24pay any fine or penalty due and owing as a result of 5 offenses
25for automated speed enforcement system violations or automated

 

 

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1traffic violations as defined in Sections 11-208.6, 11-208.8,
211-208.9, or 11-1201.1, or combination thereof, or (3) is more
3than 14 days in default of a payment plan pursuant to which a
4suspension had been terminated under subsection (c) of this
5Section, the Secretary of State shall suspend the driving
6privileges of such person in accordance with the procedures set
7forth in this Section. The Secretary shall also suspend the
8driving privileges of an owner of a registered vehicle upon
9receipt of a certified report, as prescribed by subsection (f)
10of this Section, from any municipality or county stating that
11such person has failed to satisfy any fines or penalties
12imposed by final judgments for 5 or more automated speed
13enforcement system or automated traffic law violations under
14Section 11-208.8, 11-208.9, or 11-1201.1, or combination
15thereof, after exhaustion of judicial review procedures. The
16Secretary may not suspend the driving privileges of a person
17for violations of Section 11-208.6 of this Code.
18    (b) Following receipt of the certified report of the
19municipality or county as specified in this Section, the
20Secretary of State shall notify the person whose name appears
21on the certified report that the person's drivers license will
22be suspended at the end of a specified period of time unless
23the Secretary of State is presented with a notice from the
24municipality or county certifying that the fine or penalty due
25and owing the municipality or county has been paid or that
26inclusion of that person's name on the certified report was in

 

 

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1error. The Secretary's notice shall state in substance the
2information contained in the municipality's or county's
3certified report to the Secretary, and shall be effective as
4specified by subsection (c) of Section 6-211 of this Code.
5    (c) The report of the appropriate municipal or county
6official notifying the Secretary of State of unpaid fines or
7penalties pursuant to this Section shall be certified and shall
8contain the following:
9        (1) The name, last known address as recorded with the
10    Secretary of State, as provided by the lessor of the cited
11    vehicle at the time of lease, or as recorded in a United
12    States Post Office approved database if any notice sent
13    under Section 11-208.3 of this Code is returned as
14    undeliverable, and drivers license number of the person who
15    failed to pay the fine or penalty or who has defaulted in a
16    payment plan and the registration number of any vehicle
17    known to be registered to such person in this State.
18        (2) The name of the municipality or county making the
19    report pursuant to this Section.
20        (3) A statement that the municipality or county sent a
21    notice of impending drivers license suspension as
22    prescribed by ordinance enacted pursuant to Section
23    11-208.3 of this Code or a notice of default in a payment
24    plan, to the person named in the report at the address
25    recorded with the Secretary of State or at the last address
26    known to the lessor of the cited vehicle at the time of

 

 

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1    lease or, if any notice sent under Section 11-208.3 of this
2    Code is returned as undeliverable, at the last known
3    address recorded in a United States Post Office approved
4    database; the date on which such notice was sent; and the
5    address to which such notice was sent. In a municipality or
6    county with a population of 1,000,000 or more, the report
7    shall also include a statement that the alleged violator's
8    State vehicle registration number and vehicle make, if
9    specified on the automated speed enforcement system
10    violation or automated traffic law violation notice, are
11    correct as they appear on the citations.
12        (4) A unique identifying reference number for each
13    request of suspension sent whenever a person has failed to
14    pay the fine or penalty or has defaulted on a payment plan.
15    (d) Any municipality or county making a certified report to
16the Secretary of State pursuant to this Section shall notify
17the Secretary of State, in a form prescribed by the Secretary,
18whenever a person named in the certified report has paid the
19previously reported fine or penalty, whenever a person named in
20the certified report has entered into a payment plan pursuant
21to which the municipality or county has agreed to terminate the
22suspension, or whenever the municipality or county determines
23that the original report was in error. A certified copy of such
24notification shall also be given upon request and at no
25additional charge to the person named therein. As soon as
26practicable after the effective date of this amendatory Act of

 

 

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1the 101st General Assembly, the municipality or county shall:
2(1) evaluate whether any certified reports submitted to the
3Secretary of State indicated that the person named in the
4certified report was subject to the suspension of driving
5privileges based on a violation of Section 11-208.6 before the
6effective date of this amendatory Act of the 101st General
7Assembly; and (2) provide notice of eligibility for the
8restoration of driving privileges under this amendatory Act of
9the 101st General Assembly to the Secretary of State and to any
10person eligible for the restoration of driving privileges. Upon
11receipt of the municipality's or county's notification or
12presentation of a certified copy of a notification under this
13subsection, such notification, the Secretary of State shall
14terminate the suspension.
15    (e) Any municipality or county making a certified report to
16the Secretary of State pursuant to this Section shall also by
17ordinance establish procedures for persons to challenge the
18accuracy of the certified report. The ordinance shall also
19state the grounds for such a challenge, which may be limited to
20(1) the person not having been the owner or lessee of the
21vehicle or vehicles receiving a combination of 5 or more
22automated speed enforcement system or automated traffic law
23violations on the date or dates such notices were issued; and
24(2) the person having already paid the fine or penalty for the
25combination of 5 or more automated speed enforcement system or
26automated traffic law violations indicated on the certified

 

 

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1report.
2    (f) Any municipality or county, other than a municipality
3or county establishing automated speed enforcement system
4regulations under Section 11-208.8, or automated traffic law
5regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
6may also cause a suspension of a person's drivers license
7pursuant to this Section. Such municipality or county may
8invoke this sanction by making a certified report to the
9Secretary of State upon a person's failure to satisfy any fine
10or penalty imposed by final judgment for a combination of 5 or
11more automated speed enforcement system or automated traffic
12law violations after exhaustion of judicial review procedures,
13but only if:
14        (1) the municipality or county complies with the
15    provisions of this Section in all respects except in regard
16    to enacting an ordinance pursuant to Section 11-208.3;
17        (2) the municipality or county has sent a notice of
18    impending drivers license suspension as prescribed by an
19    ordinance enacted pursuant to subsection (g) of this
20    Section; and
21        (3) in municipalities or counties with a population of
22    1,000,000 or more, the municipality or county has verified
23    that the alleged violator's State vehicle registration
24    number and vehicle make are correct as they appear on the
25    citations.
26    (g) Any municipality or county, other than a municipality

 

 

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1or county establishing automated speed enforcement system
2regulations under Section 11-208.8, or automated traffic law
3regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
4may provide by ordinance for the sending of a notice of
5impending drivers license suspension to the person who has
6failed to satisfy any fine or penalty imposed by final judgment
7for a combination of 5 or more automated speed enforcement
8system or automated traffic law violations after exhaustion of
9judicial review procedures. An ordinance so providing shall
10specify that the notice sent to the person liable for any fine
11or penalty shall state that failure to pay the fine or penalty
12owing within 45 days of the notice's date will result in the
13municipality or county notifying the Secretary of State that
14the person's drivers license is eligible for suspension
15pursuant to this Section. The notice of impending drivers
16license suspension shall be sent by first class United States
17mail, postage prepaid, to the address recorded with the
18Secretary of State or at the last address known to the lessor
19of the cited vehicle at the time of lease or, if any notice
20sent under Section 11-208.3 of this Code is returned as
21undeliverable, to the last known address recorded in a United
22States Post Office approved database.
23    (h) An administrative hearing to contest an impending
24suspension or a suspension made pursuant to this Section may be
25had upon filing a written request with the Secretary of State.
26The filing fee for this hearing shall be $20, to be paid at the

 

 

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1time the request is made. A municipality or county which files
2a certified report with the Secretary of State pursuant to this
3Section shall reimburse the Secretary for all reasonable costs
4incurred by the Secretary as a result of the filing of the
5report, including but not limited to the costs of providing the
6notice required pursuant to subsection (b) and the costs
7incurred by the Secretary in any hearing conducted with respect
8to the report pursuant to this subsection and any appeal from
9such a hearing.
10    (i) The provisions of this Section shall apply on and after
11January 1, 1988.
12    (j) For purposes of this Section, the term "compliance
13violation" is defined as in Section 11-208.3.
14(Source: P.A. 101-623, eff. 7-1-20.)
 
15    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
16    (Text of Section before amendment by P.A. 101-623)
17    Sec. 11-208.3. Administrative adjudication of violations
18of traffic regulations concerning the standing, parking, or
19condition of vehicles, automated traffic law violations, and
20automated speed enforcement system violations.
21    (a) Any municipality or county may provide by ordinance for
22a system of administrative adjudication of vehicular standing
23and parking violations and vehicle compliance violations as
24described in this subsection, automated traffic law violations
25as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and

 

 

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1automated speed enforcement system violations as defined in
2Section 11-208.8. The administrative system shall have as its
3purpose the fair and efficient enforcement of municipal or
4county regulations through the administrative adjudication of
5automated speed enforcement system or automated traffic law
6violations and violations of municipal or county ordinances
7regulating the standing and parking of vehicles, the condition
8and use of vehicle equipment, and the display of municipal or
9county wheel tax licenses within the municipality's or county's
10borders. The administrative system shall only have authority to
11adjudicate civil offenses carrying fines not in excess of $500
12or requiring the completion of a traffic education program, or
13both, that occur after the effective date of the ordinance
14adopting such a system under this Section. For purposes of this
15Section, "compliance violation" means a violation of a
16municipal or county regulation governing the condition or use
17of equipment on a vehicle or governing the display of a
18municipal or county wheel tax license.
19    (b) Any ordinance establishing a system of administrative
20adjudication under this Section shall provide for:
21        (1) A traffic compliance administrator authorized to
22    adopt, distribute, and process parking, compliance, and
23    automated speed enforcement system or automated traffic
24    law violation notices and other notices required by this
25    Section, collect money paid as fines and penalties for
26    violation of parking and compliance ordinances and

 

 

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1    automated speed enforcement system or automated traffic
2    law violations, and operate an administrative adjudication
3    system. The traffic compliance administrator also may make
4    a certified report to the Secretary of State under Section
5    6-306.5.
6        (2) A parking, standing, compliance, automated speed
7    enforcement system, or automated traffic law violation
8    notice that shall specify or include the date, time, and
9    place of violation of a parking, standing, compliance,
10    automated speed enforcement system, or automated traffic
11    law regulation; the particular regulation violated; any
12    requirement to complete a traffic education program; the
13    fine and any penalty that may be assessed for late payment
14    or failure to complete a required traffic education
15    program, or both, when so provided by ordinance; the
16    vehicle make or a photograph of the vehicle; the state
17    registration number of the vehicle; and the identification
18    number of the person issuing the notice. With regard to
19    automated speed enforcement system or automated traffic
20    law violations, vehicle make shall be specified on the
21    automated speed enforcement system or automated traffic
22    law violation notice if the notice does not include a
23    photograph of the vehicle and the make is available and
24    readily discernible. With regard to municipalities or
25    counties with a population of 1 million or more, it shall
26    be grounds for dismissal of a parking violation if the

 

 

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1    state registration number or vehicle make specified is
2    incorrect. The violation notice shall state that the
3    completion of any required traffic education program, the
4    payment of any indicated fine, and the payment of any
5    applicable penalty for late payment or failure to complete
6    a required traffic education program, or both, shall
7    operate as a final disposition of the violation. The notice
8    also shall contain information as to the availability of a
9    hearing in which the violation may be contested on its
10    merits. The violation notice shall specify the time and
11    manner in which a hearing may be had.
12        (3) Service of a parking, standing, or compliance
13    violation notice by: (i) affixing the original or a
14    facsimile of the notice to an unlawfully parked or standing
15    vehicle; (ii) handing the notice to the operator of a
16    vehicle if he or she is present; or (iii) mailing the
17    notice to the address of the registered owner or lessee of
18    the cited vehicle as recorded with the Secretary of State
19    or the lessor of the motor vehicle within 30 days after the
20    Secretary of State or the lessor of the motor vehicle
21    notifies the municipality or county of the identity of the
22    owner or lessee of the vehicle, but not later than 90 days
23    after the date of the violation, except that in the case of
24    a lessee of a motor vehicle, service of a parking,
25    standing, or compliance violation notice may occur no later
26    than 210 days after the violation; and service of an

 

 

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1    automated speed enforcement system or automated traffic
2    law violation notice by mail to the address of the
3    registered owner or lessee of the cited vehicle as recorded
4    with the Secretary of State or the lessor of the motor
5    vehicle within 30 days after the Secretary of State or the
6    lessor of the motor vehicle notifies the municipality or
7    county of the identity of the owner or lessee of the
8    vehicle, but not later than 90 days after the violation,
9    except that in the case of a lessee of a motor vehicle,
10    service of an automated traffic law violation notice may
11    occur no later than 210 days after the violation. A person
12    authorized by ordinance to issue and serve parking,
13    standing, and compliance violation notices shall certify
14    as to the correctness of the facts entered on the violation
15    notice by signing his or her name to the notice at the time
16    of service or, in the case of a notice produced by a
17    computerized device, by signing a single certificate to be
18    kept by the traffic compliance administrator attesting to
19    the correctness of all notices produced by the device while
20    it was under his or her control. In the case of an
21    automated traffic law violation, the ordinance shall
22    require a determination by a technician employed or
23    contracted by the municipality or county that, based on
24    inspection of recorded images, the motor vehicle was being
25    operated in violation of Section 11-208.6, 11-208.9, or
26    11-1201.1 or a local ordinance. If the technician

 

 

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1    determines that the vehicle entered the intersection as
2    part of a funeral procession or in order to yield the
3    right-of-way to an emergency vehicle, a citation shall not
4    be issued. In municipalities with a population of less than
5    1,000,000 inhabitants and counties with a population of
6    less than 3,000,000 inhabitants, the automated traffic law
7    ordinance shall require that all determinations by a
8    technician that a motor vehicle was being operated in
9    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
10    local ordinance must be reviewed and approved by a law
11    enforcement officer or retired law enforcement officer of
12    the municipality or county issuing the violation. In
13    municipalities with a population of 1,000,000 or more
14    inhabitants and counties with a population of 3,000,000 or
15    more inhabitants, the automated traffic law ordinance
16    shall require that all determinations by a technician that
17    a motor vehicle was being operated in violation of Section
18    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
19    be reviewed and approved by a law enforcement officer or
20    retired law enforcement officer of the municipality or
21    county issuing the violation or by an additional fully
22    trained fully-trained reviewing technician who is not
23    employed by the contractor who employs the technician who
24    made the initial determination. In the case of an automated
25    speed enforcement system violation, the ordinance shall
26    require a determination by a technician employed by the

 

 

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1    municipality, based upon an inspection of recorded images,
2    video or other documentation, including documentation of
3    the speed limit and automated speed enforcement signage,
4    and documentation of the inspection, calibration, and
5    certification of the speed equipment, that the vehicle was
6    being operated in violation of Article VI of Chapter 11 of
7    this Code or a similar local ordinance. If the technician
8    determines that the vehicle speed was not determined by a
9    calibrated, certified speed equipment device based upon
10    the speed equipment documentation, or if the vehicle was an
11    emergency vehicle, a citation may not be issued. The
12    automated speed enforcement ordinance shall require that
13    all determinations by a technician that a violation
14    occurred be reviewed and approved by a law enforcement
15    officer or retired law enforcement officer of the
16    municipality issuing the violation or by an additional
17    fully trained reviewing technician who is not employed by
18    the contractor who employs the technician who made the
19    initial determination. Routine and independent calibration
20    of the speeds produced by automated speed enforcement
21    systems and equipment shall be conducted annually by a
22    qualified technician. Speeds produced by an automated
23    speed enforcement system shall be compared with speeds
24    produced by lidar or other independent equipment. Radar or
25    lidar equipment shall undergo an internal validation test
26    no less frequently than once each week. Qualified

 

 

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1    technicians shall test loop-based loop based equipment no
2    less frequently than once a year. Radar equipment shall be
3    checked for accuracy by a qualified technician when the
4    unit is serviced, when unusual or suspect readings persist,
5    or when deemed necessary by a reviewing technician. Radar
6    equipment shall be checked with the internal frequency
7    generator and the internal circuit test whenever the radar
8    is turned on. Technicians must be alert for any unusual or
9    suspect readings, and if unusual or suspect readings of a
10    radar unit persist, that unit shall immediately be removed
11    from service and not returned to service until it has been
12    checked by a qualified technician and determined to be
13    functioning properly. Documentation of the annual
14    calibration results, including the equipment tested, test
15    date, technician performing the test, and test results,
16    shall be maintained and available for use in the
17    determination of an automated speed enforcement system
18    violation and issuance of a citation. The technician
19    performing the calibration and testing of the automated
20    speed enforcement equipment shall be trained and certified
21    in the use of equipment for speed enforcement purposes.
22    Training on the speed enforcement equipment may be
23    conducted by law enforcement, civilian, or manufacturer's
24    personnel and if applicable may be equivalent to the
25    equipment use and operations training included in the Speed
26    Measuring Device Operator Program developed by the

 

 

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1    National Highway Traffic Safety Administration (NHTSA).
2    The vendor or technician who performs the work shall keep
3    accurate records on each piece of equipment the technician
4    calibrates and tests. As used in this paragraph, "fully
5    trained fully-trained reviewing technician" means a person
6    who has received at least 40 hours of supervised training
7    in subjects which shall include image inspection and
8    interpretation, the elements necessary to prove a
9    violation, license plate identification, and traffic
10    safety and management. In all municipalities and counties,
11    the automated speed enforcement system or automated
12    traffic law ordinance shall require that no additional fee
13    shall be charged to the alleged violator for exercising his
14    or her right to an administrative hearing, and persons
15    shall be given at least 25 days following an administrative
16    hearing to pay any civil penalty imposed by a finding that
17    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
18    similar local ordinance has been violated. The original or
19    a facsimile of the violation notice or, in the case of a
20    notice produced by a computerized device, a printed record
21    generated by the device showing the facts entered on the
22    notice, shall be retained by the traffic compliance
23    administrator, and shall be a record kept in the ordinary
24    course of business. A parking, standing, compliance,
25    automated speed enforcement system, or automated traffic
26    law violation notice issued, signed, and served in

 

 

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1    accordance with this Section, a copy of the notice, or the
2    computer-generated computer generated record shall be
3    prima facie correct and shall be prima facie evidence of
4    the correctness of the facts shown on the notice. The
5    notice, copy, or computer-generated computer generated
6    record shall be admissible in any subsequent
7    administrative or legal proceedings.
8        (4) An opportunity for a hearing for the registered
9    owner of the vehicle cited in the parking, standing,
10    compliance, automated speed enforcement system, or
11    automated traffic law violation notice in which the owner
12    may contest the merits of the alleged violation, and during
13    which formal or technical rules of evidence shall not
14    apply; provided, however, that under Section 11-1306 of
15    this Code the lessee of a vehicle cited in the violation
16    notice likewise shall be provided an opportunity for a
17    hearing of the same kind afforded the registered owner. The
18    hearings shall be recorded, and the person conducting the
19    hearing on behalf of the traffic compliance administrator
20    shall be empowered to administer oaths and to secure by
21    subpoena both the attendance and testimony of witnesses and
22    the production of relevant books and papers. Persons
23    appearing at a hearing under this Section may be
24    represented by counsel at their expense. The ordinance may
25    also provide for internal administrative review following
26    the decision of the hearing officer.

 

 

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1        (5) Service of additional notices, sent by first class
2    United States mail, postage prepaid, to the address of the
3    registered owner of the cited vehicle as recorded with the
4    Secretary of State or, if any notice to that address is
5    returned as undeliverable, to the last known address
6    recorded in a United States Post Office approved database,
7    or, under Section 11-1306 or subsection (p) of Section
8    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
9    of this Code, to the lessee of the cited vehicle at the
10    last address known to the lessor of the cited vehicle at
11    the time of lease or, if any notice to that address is
12    returned as undeliverable, to the last known address
13    recorded in a United States Post Office approved database.
14    The service shall be deemed complete as of the date of
15    deposit in the United States mail. The notices shall be in
16    the following sequence and shall include, but not be
17    limited to, the information specified herein:
18            (i) A second notice of parking, standing, or
19        compliance violation if the first notice of the
20        violation was issued by affixing the original or a
21        facsimile of the notice to the unlawfully parked
22        vehicle or by handing the notice to the operator. This
23        notice shall specify or include the date and location
24        of the violation cited in the parking, standing, or
25        compliance violation notice, the particular regulation
26        violated, the vehicle make or a photograph of the

 

 

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

 

 

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1        determination of parking, standing, compliance,
2        automated speed enforcement system, or automated
3        traffic law violation liability and the conclusion of
4        judicial review procedures taken under this Section.
5        The notice shall state that the incomplete traffic
6        education program or the unpaid fine or penalty, or
7        both, is a debt due and owing the municipality or
8        county. The notice shall contain warnings that failure
9        to complete any required traffic education program or
10        to pay any fine or penalty due and owing the
11        municipality or county, or both, within the time
12        specified may result in the municipality's or county's
13        filing of a petition in the Circuit Court to have the
14        incomplete traffic education program or unpaid fine or
15        penalty, or both, rendered a judgment as provided by
16        this Section, or may result in suspension of the
17        person's driver's drivers license for failure to
18        complete a traffic education program or to pay fines or
19        penalties, or both, for 10 or more parking violations
20        under Section 6-306.5, or a combination of 5 or more
21        automated traffic law violations under Section
22        11-208.6 or 11-208.9 or automated speed enforcement
23        system violations under Section 11-208.8.
24        (6) A notice of impending driver's drivers license
25    suspension. This notice shall be sent to the person liable
26    for failure to complete a required traffic education

 

 

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1    program or to pay any fine or penalty that remains due and
2    owing, or both, on 10 or more parking violations or
3    combination of 5 or more unpaid automated speed enforcement
4    system or automated traffic law violations. The notice
5    shall state that failure to complete a required traffic
6    education program or to pay the fine or penalty owing, or
7    both, within 45 days of the notice's date will result in
8    the municipality or county notifying the Secretary of State
9    that the person is eligible for initiation of suspension
10    proceedings under Section 6-306.5 of this Code. The notice
11    shall also state that the person may obtain a photostatic
12    copy of an original ticket imposing a fine or penalty by
13    sending a self-addressed self addressed, stamped envelope
14    to the municipality or county along with a request for the
15    photostatic copy. The notice of impending driver's drivers
16    license suspension shall be sent by first class United
17    States mail, postage prepaid, to the address recorded with
18    the Secretary of State or, if any notice to that address is
19    returned as undeliverable, to the last known address
20    recorded in a United States Post Office approved database.
21        (7) Final determinations of violation liability. A
22    final determination of violation liability shall occur
23    following failure to complete the required traffic
24    education program or to pay the fine or penalty, or both,
25    after a hearing officer's determination of violation
26    liability and the exhaustion of or failure to exhaust any

 

 

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1    administrative review procedures provided by ordinance.
2    Where a person fails to appear at a hearing to contest the
3    alleged violation in the time and manner specified in a
4    prior mailed notice, the hearing officer's determination
5    of violation liability shall become final: (A) upon denial
6    of a timely petition to set aside that determination, or
7    (B) upon expiration of the period for filing the petition
8    without a filing having been made.
9        (8) A petition to set aside a determination of parking,
10    standing, compliance, automated speed enforcement system,
11    or automated traffic law violation liability that may be
12    filed by a person owing an unpaid fine or penalty. A
13    petition to set aside a determination of liability may also
14    be filed by a person required to complete a traffic
15    education program. The petition shall be filed with and
16    ruled upon by the traffic compliance administrator in the
17    manner and within the time specified by ordinance. The
18    grounds for the petition may be limited to: (A) the person
19    not having been the owner or lessee of the cited vehicle on
20    the date the violation notice was issued, (B) the person
21    having already completed the required traffic education
22    program or paid the fine or penalty, or both, for the
23    violation in question, and (C) excusable failure to appear
24    at or request a new date for a hearing. With regard to
25    municipalities or counties with a population of 1 million
26    or more, it shall be grounds for dismissal of a parking

 

 

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1    violation if the state registration number or vehicle make,
2    only if specified in the violation notice, is incorrect.
3    After the determination of parking, standing, compliance,
4    automated speed enforcement system, or automated traffic
5    law violation liability has been set aside upon a showing
6    of just cause, the registered owner shall be provided with
7    a hearing on the merits for that violation.
8        (9) Procedures for non-residents. Procedures by which
9    persons who are not residents of the municipality or county
10    may contest the merits of the alleged violation without
11    attending a hearing.
12        (10) A schedule of civil fines for violations of
13    vehicular standing, parking, compliance, automated speed
14    enforcement system, or automated traffic law regulations
15    enacted by ordinance pursuant to this Section, and a
16    schedule of penalties for late payment of the fines or
17    failure to complete required traffic education programs,
18    provided, however, that the total amount of the fine and
19    penalty for any one violation shall not exceed $250, except
20    as provided in subsection (c) of Section 11-1301.3 of this
21    Code.
22        (11) Other provisions as are necessary and proper to
23    carry into effect the powers granted and purposes stated in
24    this Section.
25    (c) Any municipality or county establishing vehicular
26standing, parking, compliance, automated speed enforcement

 

 

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1system, or automated traffic law regulations under this Section
2may also provide by ordinance for a program of vehicle
3immobilization for the purpose of facilitating enforcement of
4those regulations. The program of vehicle immobilization shall
5provide for immobilizing any eligible vehicle upon the public
6way by presence of a restraint in a manner to prevent operation
7of the vehicle. Any ordinance establishing a program of vehicle
8immobilization under this Section shall provide:
9        (1) Criteria for the designation of vehicles eligible
10    for immobilization. A vehicle shall be eligible for
11    immobilization when the registered owner of the vehicle has
12    accumulated the number of incomplete traffic education
13    programs or unpaid final determinations of parking,
14    standing, compliance, automated speed enforcement system,
15    or automated traffic law violation liability, or both, as
16    determined by ordinance.
17        (2) A notice of impending vehicle immobilization and a
18    right to a hearing to challenge the validity of the notice
19    by disproving liability for the incomplete traffic
20    education programs or unpaid final determinations of
21    parking, standing, compliance, automated speed enforcement
22    system, or automated traffic law violation liability, or
23    both, listed on the notice.
24        (3) The right to a prompt hearing after a vehicle has
25    been immobilized or subsequently towed without the
26    completion of the required traffic education program or

 

 

SB3376- 34 -LRB101 19285 HEP 68751 b

1    payment of the outstanding fines and penalties on parking,
2    standing, compliance, automated speed enforcement system,
3    or automated traffic law violations, or both, for which
4    final determinations have been issued. An order issued
5    after the hearing is a final administrative decision within
6    the meaning of Section 3-101 of the Code of Civil
7    Procedure.
8        (4) A post immobilization and post-towing notice
9    advising the registered owner of the vehicle of the right
10    to a hearing to challenge the validity of the impoundment.
11    (d) Judicial review of final determinations of parking,
12standing, compliance, automated speed enforcement system, or
13automated traffic law violations and final administrative
14decisions issued after hearings regarding vehicle
15immobilization and impoundment made under this Section shall be
16subject to the provisions of the Administrative Review Law.
17    (e) Any fine, penalty, incomplete traffic education
18program, or part of any fine or any penalty remaining unpaid
19after the exhaustion of, or the failure to exhaust,
20administrative remedies created under this Section and the
21conclusion of any judicial review procedures shall be a debt
22due and owing the municipality or county and, as such, may be
23collected in accordance with applicable law. Completion of any
24required traffic education program and payment in full of any
25fine or penalty resulting from a standing, parking, compliance,
26automated speed enforcement system, or automated traffic law

 

 

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

 

 

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1$2500. If the court is satisfied that the final determination
2of parking, standing, compliance, automated speed enforcement
3system, or automated traffic law violation was entered in
4accordance with the requirements of this Section and the
5applicable municipal or county ordinance, and that the
6registered owner or the lessee, as the case may be, had an
7opportunity for an administrative hearing and for judicial
8review as provided in this Section, the court shall render
9judgment in favor of the municipality or county and against the
10registered owner or the lessee for the amount indicated in the
11final determination of parking, standing, compliance,
12automated speed enforcement system, or automated traffic law
13violation, plus costs. The judgment shall have the same effect
14and may be enforced in the same manner as other judgments for
15the recovery of money.
16    (g) The fee for participating in a traffic education
17program under this Section shall not exceed $25.
18    A low-income individual required to complete a traffic
19education program under this Section who provides proof of
20eligibility for the federal earned income tax credit under
21Section 32 of the Internal Revenue Code or the Illinois earned
22income tax credit under Section 212 of the Illinois Income Tax
23Act shall not be required to pay any fee for participating in a
24required traffic education program.
25(Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.)
 

 

 

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1    (Text of Section after amendment by P.A. 101-623)
2    Sec. 11-208.3. Administrative adjudication of violations
3of traffic regulations concerning the standing, parking, or
4condition of vehicles, automated traffic law violations, and
5automated speed enforcement system violations.
6    (a) Any municipality or county may provide by ordinance for
7a system of administrative adjudication of vehicular standing
8and parking violations and vehicle compliance violations as
9described in this subsection, automated traffic law violations
10as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
11automated speed enforcement system violations as defined in
12Section 11-208.8. The administrative system shall have as its
13purpose the fair and efficient enforcement of municipal or
14county regulations through the administrative adjudication of
15automated speed enforcement system or automated traffic law
16violations and violations of municipal or county ordinances
17regulating the standing and parking of vehicles, the condition
18and use of vehicle equipment, and the display of municipal or
19county wheel tax licenses within the municipality's or county's
20borders. The administrative system shall only have authority to
21adjudicate civil offenses carrying fines not in excess of $500
22or requiring the completion of a traffic education program, or
23both, that occur after the effective date of the ordinance
24adopting such a system under this Section. For purposes of this
25Section, "compliance violation" means a violation of a
26municipal or county regulation governing the condition or use

 

 

SB3376- 38 -LRB101 19285 HEP 68751 b

1of equipment on a vehicle or governing the display of a
2municipal or county wheel tax license.
3    (b) Any ordinance establishing a system of administrative
4adjudication under this Section shall provide for:
5        (1) A traffic compliance administrator authorized to
6    adopt, distribute, and process parking, compliance, and
7    automated speed enforcement system or automated traffic
8    law violation notices and other notices required by this
9    Section, collect money paid as fines and penalties for
10    violation of parking and compliance ordinances and
11    automated speed enforcement system or automated traffic
12    law violations, and operate an administrative adjudication
13    system. The traffic compliance administrator also may make
14    a certified report to the Secretary of State under Section
15    6-306.5.
16        (2) A parking, standing, compliance, automated speed
17    enforcement system, or automated traffic law violation
18    notice that shall specify or include the date, time, and
19    place of violation of a parking, standing, compliance,
20    automated speed enforcement system, or automated traffic
21    law regulation; the particular regulation violated; any
22    requirement to complete a traffic education program; the
23    fine and any penalty that may be assessed for late payment
24    or failure to complete a required traffic education
25    program, or both, when so provided by ordinance; the
26    vehicle make or a photograph of the vehicle; the state

 

 

SB3376- 39 -LRB101 19285 HEP 68751 b

1    registration number of the vehicle; and the identification
2    number of the person issuing the notice. With regard to
3    automated speed enforcement system or automated traffic
4    law violations, vehicle make shall be specified on the
5    automated speed enforcement system or automated traffic
6    law violation notice if the notice does not include a
7    photograph of the vehicle and the make is available and
8    readily discernible. With regard to municipalities or
9    counties with a population of 1 million or more, it shall
10    be grounds for dismissal of a parking violation if the
11    state registration number or vehicle make specified is
12    incorrect. The violation notice shall state that the
13    completion of any required traffic education program, the
14    payment of any indicated fine, and the payment of any
15    applicable penalty for late payment or failure to complete
16    a required traffic education program, or both, shall
17    operate as a final disposition of the violation. The notice
18    also shall contain information as to the availability of a
19    hearing in which the violation may be contested on its
20    merits. The violation notice shall specify the time and
21    manner in which a hearing may be had.
22        (3) Service of a parking, standing, or compliance
23    violation notice by: (i) affixing the original or a
24    facsimile of the notice to an unlawfully parked or standing
25    vehicle; (ii) handing the notice to the operator of a
26    vehicle if he or she is present; or (iii) mailing the

 

 

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1    notice to the address of the registered owner or lessee of
2    the cited vehicle as recorded with the Secretary of State
3    or the lessor of the motor vehicle within 30 days after the
4    Secretary of State or the lessor of the motor vehicle
5    notifies the municipality or county of the identity of the
6    owner or lessee of the vehicle, but not later than 90 days
7    after the date of the violation, except that in the case of
8    a lessee of a motor vehicle, service of a parking,
9    standing, or compliance violation notice may occur no later
10    than 210 days after the violation; and service of an
11    automated speed enforcement system or automated traffic
12    law violation notice by mail to the address of the
13    registered owner or lessee of the cited vehicle as recorded
14    with the Secretary of State or the lessor of the motor
15    vehicle within 30 days after the Secretary of State or the
16    lessor of the motor vehicle notifies the municipality or
17    county of the identity of the owner or lessee of the
18    vehicle, but not later than 90 days after the violation,
19    except that in the case of a lessee of a motor vehicle,
20    service of an automated traffic law violation notice may
21    occur no later than 210 days after the violation. A person
22    authorized by ordinance to issue and serve parking,
23    standing, and compliance violation notices shall certify
24    as to the correctness of the facts entered on the violation
25    notice by signing his or her name to the notice at the time
26    of service or, in the case of a notice produced by a

 

 

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1    computerized device, by signing a single certificate to be
2    kept by the traffic compliance administrator attesting to
3    the correctness of all notices produced by the device while
4    it was under his or her control. In the case of an
5    automated traffic law violation, the ordinance shall
6    require a determination by a technician employed or
7    contracted by the municipality or county that, based on
8    inspection of recorded images, the motor vehicle was being
9    operated in violation of Section 11-208.6, 11-208.9, or
10    11-1201.1 or a local ordinance. If the technician
11    determines that the vehicle entered the intersection as
12    part of a funeral procession or in order to yield the
13    right-of-way to an emergency vehicle, a citation shall not
14    be issued. In municipalities with a population of less than
15    1,000,000 inhabitants and counties with a population of
16    less than 3,000,000 inhabitants, the automated traffic law
17    ordinance shall require that all determinations by a
18    technician that a motor vehicle was being operated in
19    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
20    local ordinance must be reviewed and approved by a law
21    enforcement officer or retired law enforcement officer of
22    the municipality or county issuing the violation. In
23    municipalities with a population of 1,000,000 or more
24    inhabitants and counties with a population of 3,000,000 or
25    more inhabitants, the automated traffic law ordinance
26    shall require that all determinations by a technician that

 

 

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

 

 

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1    fully trained reviewing technician who is not employed by
2    the contractor who employs the technician who made the
3    initial determination. Routine and independent calibration
4    of the speeds produced by automated speed enforcement
5    systems and equipment shall be conducted annually by a
6    qualified technician. Speeds produced by an automated
7    speed enforcement system shall be compared with speeds
8    produced by lidar or other independent equipment. Radar or
9    lidar equipment shall undergo an internal validation test
10    no less frequently than once each week. Qualified
11    technicians shall test loop-based loop based equipment no
12    less frequently than once a year. Radar equipment shall be
13    checked for accuracy by a qualified technician when the
14    unit is serviced, when unusual or suspect readings persist,
15    or when deemed necessary by a reviewing technician. Radar
16    equipment shall be checked with the internal frequency
17    generator and the internal circuit test whenever the radar
18    is turned on. Technicians must be alert for any unusual or
19    suspect readings, and if unusual or suspect readings of a
20    radar unit persist, that unit shall immediately be removed
21    from service and not returned to service until it has been
22    checked by a qualified technician and determined to be
23    functioning properly. Documentation of the annual
24    calibration results, including the equipment tested, test
25    date, technician performing the test, and test results,
26    shall be maintained and available for use in the

 

 

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1    determination of an automated speed enforcement system
2    violation and issuance of a citation. The technician
3    performing the calibration and testing of the automated
4    speed enforcement equipment shall be trained and certified
5    in the use of equipment for speed enforcement purposes.
6    Training on the speed enforcement equipment may be
7    conducted by law enforcement, civilian, or manufacturer's
8    personnel and if applicable may be equivalent to the
9    equipment use and operations training included in the Speed
10    Measuring Device Operator Program developed by the
11    National Highway Traffic Safety Administration (NHTSA).
12    The vendor or technician who performs the work shall keep
13    accurate records on each piece of equipment the technician
14    calibrates and tests. As used in this paragraph, "fully
15    trained fully-trained reviewing technician" means a person
16    who has received at least 40 hours of supervised training
17    in subjects which shall include image inspection and
18    interpretation, the elements necessary to prove a
19    violation, license plate identification, and traffic
20    safety and management. In all municipalities and counties,
21    the automated speed enforcement system or automated
22    traffic law ordinance shall require that no additional fee
23    shall be charged to the alleged violator for exercising his
24    or her right to an administrative hearing, and persons
25    shall be given at least 25 days following an administrative
26    hearing to pay any civil penalty imposed by a finding that

 

 

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1    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
2    similar local ordinance has been violated. The original or
3    a facsimile of the violation notice or, in the case of a
4    notice produced by a computerized device, a printed record
5    generated by the device showing the facts entered on the
6    notice, shall be retained by the traffic compliance
7    administrator, and shall be a record kept in the ordinary
8    course of business. A parking, standing, compliance,
9    automated speed enforcement system, or automated traffic
10    law violation notice issued, signed, and served in
11    accordance with this Section, a copy of the notice, or the
12    computer-generated computer generated record shall be
13    prima facie correct and shall be prima facie evidence of
14    the correctness of the facts shown on the notice. The
15    notice, copy, or computer-generated computer generated
16    record shall be admissible in any subsequent
17    administrative or legal proceedings.
18        (4) An opportunity for a hearing for the registered
19    owner of the vehicle cited in the parking, standing,
20    compliance, automated speed enforcement system, or
21    automated traffic law violation notice in which the owner
22    may contest the merits of the alleged violation, and during
23    which formal or technical rules of evidence shall not
24    apply; provided, however, that under Section 11-1306 of
25    this Code the lessee of a vehicle cited in the violation
26    notice likewise shall be provided an opportunity for a

 

 

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1    hearing of the same kind afforded the registered owner. The
2    hearings shall be recorded, and the person conducting the
3    hearing on behalf of the traffic compliance administrator
4    shall be empowered to administer oaths and to secure by
5    subpoena both the attendance and testimony of witnesses and
6    the production of relevant books and papers. Persons
7    appearing at a hearing under this Section may be
8    represented by counsel at their expense. The ordinance may
9    also provide for internal administrative review following
10    the decision of the hearing officer.
11        (5) Service of additional notices, sent by first class
12    United States mail, postage prepaid, to the address of the
13    registered owner of the cited vehicle as recorded with the
14    Secretary of State or, if any notice to that address is
15    returned as undeliverable, to the last known address
16    recorded in a United States Post Office approved database,
17    or, under Section 11-1306 or subsection (p) of Section
18    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
19    of this Code, to the lessee of the cited vehicle at the
20    last address known to the lessor of the cited vehicle at
21    the time of lease or, if any notice to that address is
22    returned as undeliverable, to the last known address
23    recorded in a United States Post Office approved database.
24    The service shall be deemed complete as of the date of
25    deposit in the United States mail. The notices shall be in
26    the following sequence and shall include, but not be

 

 

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1    limited to the information specified herein:
2            (i) A second notice of parking, standing, or
3        compliance violation if the first notice of the
4        violation was issued by affixing the original or a
5        facsimile of the notice to the unlawfully parked
6        vehicle or by handing the notice to the operator. This
7        notice shall specify or include the date and location
8        of the violation cited in the parking, standing, or
9        compliance violation notice, the particular regulation
10        violated, the vehicle make or a photograph of the
11        vehicle, the state registration number of the vehicle,
12        any requirement to complete a traffic education
13        program, the fine and any penalty that may be assessed
14        for late payment or failure to complete a traffic
15        education program, or both, when so provided by
16        ordinance, the availability of a hearing in which the
17        violation may be contested on its merits, and the time
18        and manner in which the hearing may be had. The notice
19        of violation shall also state that failure to complete
20        a required traffic education program, to pay the
21        indicated fine and any applicable penalty, or to appear
22        at a hearing on the merits in the time and manner
23        specified, will result in a final determination of
24        violation liability for the cited violation in the
25        amount of the fine or penalty indicated, and that, upon
26        the occurrence of a final determination of violation

 

 

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1        liability for the failure, and the exhaustion of, or
2        failure to exhaust, available administrative or
3        judicial procedures for review, any incomplete traffic
4        education program or any unpaid fine or penalty, or
5        both, will constitute a debt due and owing the
6        municipality or county.
7            (ii) A notice of final determination of parking,
8        standing, compliance, automated speed enforcement
9        system, or automated traffic law violation liability.
10        This notice shall be sent following a final
11        determination of parking, standing, compliance,
12        automated speed enforcement system, or automated
13        traffic law violation liability and the conclusion of
14        judicial review procedures taken under this Section.
15        The notice shall state that the incomplete traffic
16        education program or the unpaid fine or penalty, or
17        both, is a debt due and owing the municipality or
18        county. The notice shall contain warnings that failure
19        to complete any required traffic education program or
20        to pay any fine or penalty due and owing the
21        municipality or county, or both, within the time
22        specified may result in the municipality's or county's
23        filing of a petition in the Circuit Court to have the
24        incomplete traffic education program or unpaid fine or
25        penalty, or both, rendered a judgment as provided by
26        this Section, or, where applicable, may result in

 

 

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1        suspension of the person's driver's drivers license
2        for failure to complete a traffic education program or
3        to pay fines or penalties, or both, for 5 or more
4        automated traffic law violations under Section
5        11-208.6 or 11-208.9 or 11-1201.1 or automated speed
6        enforcement system violations under Section 11-208.8.
7        (6) A notice of impending driver's drivers license
8    suspension. This notice shall be sent to the person liable
9    for failure to complete a required traffic education
10    program or to pay any fine or penalty that remains due and
11    owing, or both, on 5 or more unpaid automated speed
12    enforcement system or automated traffic law violations
13    under Section 11-208.8, 11-208.9, or 11-1201.1. The notice
14    shall state that failure to complete a required traffic
15    education program or to pay the fine or penalty owing, or
16    both, within 45 days of the notice's date will result in
17    the municipality or county notifying the Secretary of State
18    that the person is eligible for initiation of suspension
19    proceedings under Section 6-306.5 of this Code. The notice
20    shall also state that the person may obtain a photostatic
21    copy of an original ticket imposing a fine or penalty by
22    sending a self-addressed self addressed, stamped envelope
23    to the municipality or county along with a request for the
24    photostatic copy. The notice of impending driver's drivers
25    license suspension shall be sent by first class United
26    States mail, postage prepaid, to the address recorded with

 

 

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

 

 

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

 

 

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1    provided, however, that the total amount of the fine and
2    penalty for any one violation shall not exceed $250, except
3    as provided in subsection (c) of Section 11-1301.3 of this
4    Code.
5        (11) Other provisions as are necessary and proper to
6    carry into effect the powers granted and purposes stated in
7    this Section.
8    (c) Any municipality or county establishing vehicular
9standing, parking, compliance, automated speed enforcement
10system, or automated traffic law regulations under this Section
11may also provide by ordinance for a program of vehicle
12immobilization for the purpose of facilitating enforcement of
13those regulations. The program of vehicle immobilization shall
14provide for immobilizing any eligible vehicle upon the public
15way by presence of a restraint in a manner to prevent operation
16of the vehicle. Any ordinance establishing a program of vehicle
17immobilization under this Section shall provide:
18        (1) Criteria for the designation of vehicles eligible
19    for immobilization. A vehicle shall be eligible for
20    immobilization when the registered owner of the vehicle has
21    accumulated the number of incomplete traffic education
22    programs or unpaid final determinations of parking,
23    standing, compliance, automated speed enforcement system,
24    or automated traffic law violation liability, or both, as
25    determined by ordinance.
26        (2) A notice of impending vehicle immobilization and a

 

 

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1    right to a hearing to challenge the validity of the notice
2    by disproving liability for the incomplete traffic
3    education programs or unpaid final determinations of
4    parking, standing, compliance, automated speed enforcement
5    system, or automated traffic law violation liability, or
6    both, listed on the notice.
7        (3) The right to a prompt hearing after a vehicle has
8    been immobilized or subsequently towed without the
9    completion of the required traffic education program or
10    payment of the outstanding fines and penalties on parking,
11    standing, compliance, automated speed enforcement system,
12    or automated traffic law violations, or both, for which
13    final determinations have been issued. An order issued
14    after the hearing is a final administrative decision within
15    the meaning of Section 3-101 of the Code of Civil
16    Procedure.
17        (4) A post immobilization and post-towing notice
18    advising the registered owner of the vehicle of the right
19    to a hearing to challenge the validity of the impoundment.
20    (d) Judicial review of final determinations of parking,
21standing, compliance, automated speed enforcement system, or
22automated traffic law violations and final administrative
23decisions issued after hearings regarding vehicle
24immobilization and impoundment made under this Section shall be
25subject to the provisions of the Administrative Review Law.
26    (e) Any fine, penalty, incomplete traffic education

 

 

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1program, or part of any fine or any penalty remaining unpaid
2after the exhaustion of, or the failure to exhaust,
3administrative remedies created under this Section and the
4conclusion of any judicial review procedures shall be a debt
5due and owing the municipality or county and, as such, may be
6collected in accordance with applicable law. Completion of any
7required traffic education program and payment in full of any
8fine or penalty resulting from a standing, parking, compliance,
9automated speed enforcement system, or automated traffic law
10violation shall constitute a final disposition of that
11violation.
12    (f) After the expiration of the period within which
13judicial review may be sought for a final determination of
14parking, standing, compliance, automated speed enforcement
15system, or automated traffic law violation, the municipality or
16county may commence a proceeding in the Circuit Court for
17purposes of obtaining a judgment on the final determination of
18violation. Nothing in this Section shall prevent a municipality
19or county from consolidating multiple final determinations of
20parking, standing, compliance, automated speed enforcement
21system, or automated traffic law violations against a person in
22a proceeding. Upon commencement of the action, the municipality
23or county shall file a certified copy or record of the final
24determination of parking, standing, compliance, automated
25speed enforcement system, or automated traffic law violation,
26which shall be accompanied by a certification that recites

 

 

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1facts sufficient to show that the final determination of
2violation was issued in accordance with this Section and the
3applicable municipal or county ordinance. Service of the
4summons and a copy of the petition may be by any method
5provided by Section 2-203 of the Code of Civil Procedure or by
6certified mail, return receipt requested, provided that the
7total amount of fines and penalties for final determinations of
8parking, standing, compliance, automated speed enforcement
9system, or automated traffic law violations does not exceed
10$2500. If the court is satisfied that the final determination
11of parking, standing, compliance, automated speed enforcement
12system, or automated traffic law violation was entered in
13accordance with the requirements of this Section and the
14applicable municipal or county ordinance, and that the
15registered owner or the lessee, as the case may be, had an
16opportunity for an administrative hearing and for judicial
17review as provided in this Section, the court shall render
18judgment in favor of the municipality or county and against the
19registered owner or the lessee for the amount indicated in the
20final determination of parking, standing, compliance,
21automated speed enforcement system, or automated traffic law
22violation, plus costs. The judgment shall have the same effect
23and may be enforced in the same manner as other judgments for
24the recovery of money.
25    (g) The fee for participating in a traffic education
26program under this Section shall not exceed $25.

 

 

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1    A low-income individual required to complete a traffic
2education program under this Section who provides proof of
3eligibility for the federal earned income tax credit under
4Section 32 of the Internal Revenue Code or the Illinois earned
5income tax credit under Section 212 of the Illinois Income Tax
6Act shall not be required to pay any fee for participating in a
7required traffic education program.
8(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
9revised 1-21-20.)
 
10    (625 ILCS 5/11-208.6)
11    Sec. 11-208.6. Automated traffic law enforcement system.
12    (a) As used in this Section, "automated traffic law
13enforcement system" means a device with one or more motor
14vehicle sensors working in conjunction with a red light signal
15to produce recorded images of motor vehicles entering an
16intersection against a red signal indication in violation of
17Section 11-306 of this Code or a similar provision of a local
18ordinance.
19    An automated traffic law enforcement system is a system, in
20a municipality or county operated by a governmental agency,
21that produces a recorded image of a motor vehicle's violation
22of a provision of this Code or a local ordinance and is
23designed to obtain a clear recorded image of the vehicle and
24the vehicle's license plate. The recorded image must also
25display the time, date, and location of the violation.

 

 

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1    (b) As used in this Section, "recorded images" means images
2recorded by an automated traffic law enforcement system on:
3        (1) 2 or more photographs;
4        (2) 2 or more microphotographs;
5        (3) 2 or more electronic images; or
6        (4) a video recording showing the motor vehicle and, on
7    at least one image or portion of the recording, clearly
8    identifying the registration plate or digital registration
9    plate number of the motor vehicle.
10    (b-5) A municipality or county that produces a recorded
11image of a motor vehicle's violation of a provision of this
12Code or a local ordinance must make the recorded images of a
13violation accessible to the alleged violator by providing the
14alleged violator with a website address, accessible through the
15Internet.
16    (c) Except as provided under Section 11-208.8 of this Code,
17a county or municipality, including a home rule county or
18municipality, may not use an automated traffic law enforcement
19system to provide recorded images of a motor vehicle for the
20purpose of recording its speed. Except as provided under
21Section 11-208.8 of this Code, the regulation of the use of
22automated traffic law enforcement systems to record vehicle
23speeds is an exclusive power and function of the State. This
24subsection (c) is a denial and limitation of home rule powers
25and functions under subsection (h) of Section 6 of Article VII
26of the Illinois Constitution.

 

 

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1    (c-5) A county or municipality, including a home rule
2county or municipality, may not use an automated traffic law
3enforcement system to issue violations in instances where the
4motor vehicle comes to a complete stop and does not enter the
5intersection, as defined by Section 1-132 of this Code, during
6the cycle of the red signal indication unless one or more
7pedestrians or bicyclists are present, even if the motor
8vehicle stops at a point past a stop line or crosswalk where a
9driver is required to stop, as specified in subsection (c) of
10Section 11-306 of this Code or a similar provision of a local
11ordinance.
12    (c-6) A county, or a municipality with less than 2,000,000
13inhabitants, including a home rule county or municipality, may
14not use an automated traffic law enforcement system to issue
15violations in instances where a motorcyclist enters an
16intersection against a red signal indication when the red
17signal fails to change to a green signal within a reasonable
18period of time not less than 120 seconds because of a signal
19malfunction or because the signal has failed to detect the
20arrival of the motorcycle due to the motorcycle's size or
21weight.
22    (d) For each violation of a provision of this Code or a
23local ordinance recorded by an automatic traffic law
24enforcement system, the county or municipality having
25jurisdiction shall issue a written notice of the violation to
26the registered owner of the vehicle as the alleged violator.

 

 

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1The notice shall be delivered to the registered owner of the
2vehicle, by mail, within 30 days after the Secretary of State
3notifies the municipality or county of the identity of the
4owner of the vehicle, but in no event later than 90 days after
5the violation.
6    The notice shall include:
7        (1) the name and address of the registered owner of the
8    vehicle;
9        (2) the registration number of the motor vehicle
10    involved in the violation;
11        (3) the violation charged;
12        (4) the location where the violation occurred;
13        (5) the date and time of the violation;
14        (6) a copy of the recorded images;
15        (7) the amount of the civil penalty imposed and the
16    requirements of any traffic education program imposed and
17    the date by which the civil penalty should be paid and the
18    traffic education program should be completed;
19        (8) a statement that recorded images are evidence of a
20    violation of a red light signal;
21        (9) a warning that failure to pay the civil penalty, to
22    complete a required traffic education program, or to
23    contest liability in a timely manner is an admission of
24    liability and may result in a suspension of the driving
25    privileges of the registered owner of the vehicle;
26        (10) a statement that the person may elect to proceed

 

 

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1    by:
2            (A) paying the fine, completing a required traffic
3        education program, or both; or
4            (B) challenging the charge in court, by mail, or by
5        administrative hearing; and
6        (11) a website address, accessible through the
7    Internet, where the person may view the recorded images of
8    the violation.
9    (e) (Blank). If a person charged with a traffic violation,
10as a result of an automated traffic law enforcement system,
11does not pay the fine or complete a required traffic education
12program, or both, or successfully contest the civil penalty
13resulting from that violation, the Secretary of State shall
14suspend the driving privileges of the registered owner of the
15vehicle under Section 6-306.5 of this Code for failing to
16complete a required traffic education program or to pay any
17fine or penalty due and owing, or both, as a result of a
18combination of 5 violations of the automated traffic law
19enforcement system or the automated speed enforcement system
20under Section 11-208.8 of this Code.
21    (f) Based on inspection of recorded images produced by an
22automated traffic law enforcement system, a notice alleging
23that the violation occurred shall be evidence of the facts
24contained in the notice and admissible in any proceeding
25alleging a violation under this Section.
26    (g) Recorded images made by an automatic traffic law

 

 

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1enforcement system are confidential and shall be made available
2only to the alleged violator and governmental and law
3enforcement agencies for purposes of adjudicating a violation
4of this Section, for statistical purposes, or for other
5governmental purposes. Any recorded image evidencing a
6violation of this Section, however, may be admissible in any
7proceeding resulting from the issuance of the citation.
8    (h) The court or hearing officer may consider in defense of
9a violation:
10        (1) that the motor vehicle or registration plates or
11    digital registration plates of the motor vehicle were
12    stolen before the violation occurred and not under the
13    control of or in the possession of the owner at the time of
14    the violation;
15        (2) that the driver of the vehicle passed through the
16    intersection when the light was red either (i) in order to
17    yield the right-of-way to an emergency vehicle or (ii) as
18    part of a funeral procession; and
19        (3) any other evidence or issues provided by municipal
20    or county ordinance.
21    (i) To demonstrate that the motor vehicle or the
22registration plates or digital registration plates were stolen
23before the violation occurred and were not under the control or
24possession of the owner at the time of the violation, the owner
25must submit proof that a report concerning the stolen motor
26vehicle or registration plates was filed with a law enforcement

 

 

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1agency in a timely manner.
2    (j) Unless the driver of the motor vehicle received a
3Uniform Traffic Citation from a police officer at the time of
4the violation, the motor vehicle owner is subject to a civil
5penalty not exceeding $100 or the completion of a traffic
6education program, or both, plus an additional penalty of not
7more than $100 for failure to pay the original penalty or to
8complete a required traffic education program, or both, in a
9timely manner, if the motor vehicle is recorded by an automated
10traffic law enforcement system. A violation for which a civil
11penalty is imposed under this Section is not a violation of a
12traffic regulation governing the movement of vehicles and may
13not be recorded on the driving record of the owner of the
14vehicle.
15    (j-3) A registered owner who is a holder of a valid
16commercial driver's license is not required to complete a
17traffic education program.
18    (j-5) For purposes of the required traffic education
19program only, a registered owner may submit an affidavit to the
20court or hearing officer swearing that at the time of the
21alleged violation, the vehicle was in the custody and control
22of another person. The affidavit must identify the person in
23custody and control of the vehicle, including the person's name
24and current address. The person in custody and control of the
25vehicle at the time of the violation is required to complete
26the required traffic education program. If the person in

 

 

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1custody and control of the vehicle at the time of the violation
2completes the required traffic education program, the
3registered owner of the vehicle is not required to complete a
4traffic education program.
5    (k) An intersection equipped with an automated traffic law
6enforcement system must be posted with a sign visible to
7approaching traffic indicating that the intersection is being
8monitored by an automated traffic law enforcement system.
9    (k-3) A municipality or county that has one or more
10intersections equipped with an automated traffic law
11enforcement system must provide notice to drivers by posting
12the locations of automated traffic law systems on the
13municipality or county website.
14    (k-5) An intersection equipped with an automated traffic
15law enforcement system must have a yellow change interval that
16conforms with the Illinois Manual on Uniform Traffic Control
17Devices (IMUTCD) published by the Illinois Department of
18Transportation.
19    (k-7) A municipality or county operating an automated
20traffic law enforcement system shall conduct a statistical
21analysis to assess the safety impact of each automated traffic
22law enforcement system at an intersection following
23installation of the system. The statistical analysis shall be
24based upon the best available crash, traffic, and other data,
25and shall cover a period of time before and after installation
26of the system sufficient to provide a statistically valid

 

 

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1comparison of safety impact. The statistical analysis shall be
2consistent with professional judgment and acceptable industry
3practice. The statistical analysis also shall be consistent
4with the data required for valid comparisons of before and
5after conditions and shall be conducted within a reasonable
6period following the installation of the automated traffic law
7enforcement system. The statistical analysis required by this
8subsection (k-7) shall be made available to the public and
9shall be published on the website of the municipality or
10county. If the statistical analysis for the 36 month period
11following installation of the system indicates that there has
12been an increase in the rate of accidents at the approach to
13the intersection monitored by the system, the municipality or
14county shall undertake additional studies to determine the
15cause and severity of the accidents, and may take any action
16that it determines is necessary or appropriate to reduce the
17number or severity of the accidents at that intersection.
18    (l) The compensation paid for an automated traffic law
19enforcement system must be based on the value of the equipment
20or the services provided and may not be based on the number of
21traffic citations issued or the revenue generated by the
22system.
23    (m) This Section applies only to the counties of Cook,
24DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
25to municipalities located within those counties.
26    (n) The fee for participating in a traffic education

 

 

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1program under this Section shall not exceed $25.
2    A low-income individual required to complete a traffic
3education program under this Section who provides proof of
4eligibility for the federal earned income tax credit under
5Section 32 of the Internal Revenue Code or the Illinois earned
6income tax credit under Section 212 of the Illinois Income Tax
7Act shall not be required to pay any fee for participating in a
8required traffic education program.
9    (o) (Blank). A municipality or county shall make a
10certified report to the Secretary of State pursuant to Section
116-306.5 of this Code whenever a registered owner of a vehicle
12has failed to pay any fine or penalty due and owing as a result
13of a combination of 5 offenses for automated traffic law or
14speed enforcement system violations.
15    (p) No person who is the lessor of a motor vehicle pursuant
16to a written lease agreement shall be liable for an automated
17speed or traffic law enforcement system violation involving
18such motor vehicle during the period of the lease; provided
19that upon the request of the appropriate authority received
20within 120 days after the violation occurred, the lessor
21provides within 60 days after such receipt the name and address
22of the lessee. The drivers license number of a lessee may be
23subsequently individually requested by the appropriate
24authority if needed for enforcement of this Section.
25    Upon the provision of information by the lessor pursuant to
26this subsection, the county or municipality may issue the

 

 

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1violation to the lessee of the vehicle in the same manner as it
2would issue a violation to a registered owner of a vehicle
3pursuant to this Section, and the lessee may be held liable for
4the violation.
5(Source: P.A. 101-395, eff. 8-16-19.)
 
6    (625 ILCS 5/11-208.8)
7    Sec. 11-208.8. Automated speed enforcement systems in
8safety zones.
9    (a) As used in this Section:
10    "Automated speed enforcement system" means a photographic
11device, radar device, laser device, or other electrical or
12mechanical device or devices installed or utilized in a safety
13zone and designed to record the speed of a vehicle and obtain a
14clear photograph or other recorded image of the vehicle and the
15vehicle's registration plate or digital registration plate
16while the driver is violating Article VI of Chapter 11 of this
17Code or a similar provision of a local ordinance.
18    An automated speed enforcement system is a system, located
19in a safety zone which is under the jurisdiction of a
20municipality, that produces a recorded image of a motor
21vehicle's violation of a provision of this Code or a local
22ordinance and is designed to obtain a clear recorded image of
23the vehicle and the vehicle's license plate. The recorded image
24must also display the time, date, and location of the
25violation.

 

 

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1    "Owner" means the person or entity to whom the vehicle is
2registered.
3    "Recorded image" means images recorded by an automated
4speed enforcement system on:
5        (1) 2 or more photographs;
6        (2) 2 or more microphotographs;
7        (3) 2 or more electronic images; or
8        (4) a video recording showing the motor vehicle and, on
9    at least one image or portion of the recording, clearly
10    identifying the registration plate or digital registration
11    plate number of the motor vehicle.
12    "Safety zone" means an area that is within one-eighth of a
13mile from the nearest property line of any public or private
14elementary or secondary school, or from the nearest property
15line of any facility, area, or land owned by a school district
16that is used for educational purposes approved by the Illinois
17State Board of Education, not including school district
18headquarters or administrative buildings. A safety zone also
19includes an area that is within one-eighth of a mile from the
20nearest property line of any facility, area, or land owned by a
21park district used for recreational purposes. However, if any
22portion of a roadway is within either one-eighth mile radius,
23the safety zone also shall include the roadway extended to the
24furthest portion of the next furthest intersection. The term
25"safety zone" does not include any portion of the roadway known
26as Lake Shore Drive or any controlled access highway with 8 or

 

 

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1more lanes of traffic.
2    (a-5) The automated speed enforcement system shall be
3operational and violations shall be recorded only at the
4following times:
5        (i) if the safety zone is based upon the property line
6    of any facility, area, or land owned by a school district,
7    only on school days and no earlier than 6 a.m. and no later
8    than 8:30 p.m. if the school day is during the period of
9    Monday through Thursday, or 9 p.m. if the school day is a
10    Friday; and
11        (ii) if the safety zone is based upon the property line
12    of any facility, area, or land owned by a park district, no
13    earlier than one hour prior to the time that the facility,
14    area, or land is open to the public or other patrons, and
15    no later than one hour after the facility, area, or land is
16    closed to the public or other patrons.
17    (b) A municipality that produces a recorded image of a
18motor vehicle's violation of a provision of this Code or a
19local ordinance must make the recorded images of a violation
20accessible to the alleged violator by providing the alleged
21violator with a website address, accessible through the
22Internet.
23    (c) Notwithstanding any penalties for any other violations
24of this Code, the owner of a motor vehicle used in a traffic
25violation recorded by an automated speed enforcement system
26shall be subject to the following penalties:

 

 

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1        (1) if the recorded speed is no less than 6 miles per
2    hour and no more than 10 miles per hour over the legal
3    speed limit, a civil penalty not exceeding $50, plus an
4    additional penalty of not more than $50 for failure to pay
5    the original penalty in a timely manner; or
6        (2) if the recorded speed is more than 10 miles per
7    hour over the legal speed limit, a civil penalty not
8    exceeding $100, plus an additional penalty of not more than
9    $100 for failure to pay the original penalty in a timely
10    manner.
11    A penalty may not be imposed under this Section if the
12driver of the motor vehicle received a Uniform Traffic Citation
13from a police officer for a speeding violation occurring within
14one-eighth of a mile and 15 minutes of the violation that was
15recorded by the system. A violation for which a civil penalty
16is imposed under this Section is not a violation of a traffic
17regulation governing the movement of vehicles and may not be
18recorded on the driving record of the owner of the vehicle. A
19law enforcement officer is not required to be present or to
20witness the violation. No penalty may be imposed under this
21Section if the recorded speed of a vehicle is 5 miles per hour
22or less over the legal speed limit. The municipality may send,
23in the same manner that notices are sent under this Section, a
24speed violation warning notice where the violation involves a
25speed of 5 miles per hour or less above the legal speed limit.
26    (d) The net proceeds that a municipality receives from

 

 

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1civil penalties imposed under an automated speed enforcement
2system, after deducting all non-personnel and personnel costs
3associated with the operation and maintenance of such system,
4shall be expended or obligated by the municipality for the
5following purposes:
6        (i) public safety initiatives to ensure safe passage
7    around schools, and to provide police protection and
8    surveillance around schools and parks, including but not
9    limited to: (1) personnel costs; and (2) non-personnel
10    costs such as construction and maintenance of public safety
11    infrastructure and equipment;
12        (ii) initiatives to improve pedestrian and traffic
13    safety;
14        (iii) construction and maintenance of infrastructure
15    within the municipality, including but not limited to roads
16    and bridges; and
17        (iv) after school programs.
18    (e) For each violation of a provision of this Code or a
19local ordinance recorded by an automated speed enforcement
20system, the municipality having jurisdiction shall issue a
21written notice of the violation to the registered owner of the
22vehicle as the alleged violator. The notice shall be delivered
23to the registered owner of the vehicle, by mail, within 30 days
24after the Secretary of State notifies the municipality of the
25identity of the owner of the vehicle, but in no event later
26than 90 days after the violation.

 

 

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1    (f) The notice required under subsection (e) of this
2Section shall include:
3        (1) the name and address of the registered owner of the
4    vehicle;
5        (2) the registration number of the motor vehicle
6    involved in the violation;
7        (3) the violation charged;
8        (4) the date, time, and location where the violation
9    occurred;
10        (5) a copy of the recorded image or images;
11        (6) the amount of the civil penalty imposed and the
12    date by which the civil penalty should be paid;
13        (7) a statement that recorded images are evidence of a
14    violation of a speed restriction;
15        (8) a warning that failure to pay the civil penalty or
16    to contest liability in a timely manner is an admission of
17    liability and may result in a suspension of the driving
18    privileges of the registered owner of the vehicle;
19        (9) a statement that the person may elect to proceed
20    by:
21            (A) paying the fine; or
22            (B) challenging the charge in court, by mail, or by
23        administrative hearing; and
24        (10) a website address, accessible through the
25    Internet, where the person may view the recorded images of
26    the violation.

 

 

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1    (g) If a person charged with a traffic violation, as a
2result of an automated speed enforcement system, does not pay
3the fine or successfully contest the civil penalty resulting
4from that violation, the Secretary of State shall suspend the
5driving privileges of the registered owner of the vehicle under
6Section 6-306.5 of this Code for failing to pay any fine or
7penalty due and owing, or both, as a result of a combination of
85 violations of the automated speed enforcement system or the
9automated traffic law under Section 11-208.9 or 11-1201.1
1011-208.6 of this Code.
11    (h) Based on inspection of recorded images produced by an
12automated speed enforcement system, a notice alleging that the
13violation occurred shall be evidence of the facts contained in
14the notice and admissible in any proceeding alleging a
15violation under this Section.
16    (i) Recorded images made by an automated speed enforcement
17system are confidential and shall be made available only to the
18alleged violator and governmental and law enforcement agencies
19for purposes of adjudicating a violation of this Section, for
20statistical purposes, or for other governmental purposes. Any
21recorded image evidencing a violation of this Section, however,
22may be admissible in any proceeding resulting from the issuance
23of the citation.
24    (j) The court or hearing officer may consider in defense of
25a violation:
26        (1) that the motor vehicle or registration plates or

 

 

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1    digital registration plates of the motor vehicle were
2    stolen before the violation occurred and not under the
3    control or in the possession of the owner at the time of
4    the violation;
5        (2) that the driver of the motor vehicle received a
6    Uniform Traffic Citation from a police officer for a
7    speeding violation occurring within one-eighth of a mile
8    and 15 minutes of the violation that was recorded by the
9    system; and
10        (3) any other evidence or issues provided by municipal
11    ordinance.
12    (k) To demonstrate that the motor vehicle or the
13registration plates or digital registration plates were stolen
14before the violation occurred and were not under the control or
15possession of the owner at the time of the violation, the owner
16must submit proof that a report concerning the stolen motor
17vehicle or registration plates was filed with a law enforcement
18agency in a timely manner.
19    (l) A roadway equipped with an automated speed enforcement
20system shall be posted with a sign conforming to the national
21Manual on Uniform Traffic Control Devices that is visible to
22approaching traffic stating that vehicle speeds are being
23photo-enforced and indicating the speed limit. The
24municipality shall install such additional signage as it
25determines is necessary to give reasonable notice to drivers as
26to where automated speed enforcement systems are installed.

 

 

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1    (m) A roadway where a new automated speed enforcement
2system is installed shall be posted with signs providing 30
3days notice of the use of a new automated speed enforcement
4system prior to the issuance of any citations through the
5automated speed enforcement system.
6    (n) The compensation paid for an automated speed
7enforcement system must be based on the value of the equipment
8or the services provided and may not be based on the number of
9traffic citations issued or the revenue generated by the
10system.
11    (o) A municipality shall make a certified report to the
12Secretary of State pursuant to Section 6-306.5 of this Code
13whenever a registered owner of a vehicle has failed to pay any
14fine or penalty due and owing as a result of a combination of 5
15offenses for automated speed or traffic law enforcement system
16violations.
17    (p) No person who is the lessor of a motor vehicle pursuant
18to a written lease agreement shall be liable for an automated
19speed or traffic law enforcement system violation involving
20such motor vehicle during the period of the lease; provided
21that upon the request of the appropriate authority received
22within 120 days after the violation occurred, the lessor
23provides within 60 days after such receipt the name and address
24of the lessee. The drivers license number of a lessee may be
25subsequently individually requested by the appropriate
26authority if needed for enforcement of this Section.

 

 

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1    Upon the provision of information by the lessor pursuant to
2this subsection, the municipality may issue the violation to
3the lessee of the vehicle in the same manner as it would issue
4a violation to a registered owner of a vehicle pursuant to this
5Section, and the lessee may be held liable for the violation.
6    (q) A municipality using an automated speed enforcement
7system must provide notice to drivers by publishing the
8locations of all safety zones where system equipment is
9installed on the website of the municipality.
10    (r) A municipality operating an automated speed
11enforcement system shall conduct a statistical analysis to
12assess the safety impact of the system. The statistical
13analysis shall be based upon the best available crash, traffic,
14and other data, and shall cover a period of time before and
15after installation of the system sufficient to provide a
16statistically valid comparison of safety impact. The
17statistical analysis shall be consistent with professional
18judgment and acceptable industry practice. The statistical
19analysis also shall be consistent with the data required for
20valid comparisons of before and after conditions and shall be
21conducted within a reasonable period following the
22installation of the automated traffic law enforcement system.
23The statistical analysis required by this subsection shall be
24made available to the public and shall be published on the
25website of the municipality.
26    (s) This Section applies only to municipalities with a

 

 

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1population of 1,000,000 or more inhabitants.
2(Source: P.A. 101-395, eff. 8-16-19.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.