103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3275

 

Introduced 2/17/2023, by Rep. Paul Jacobs

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Provides that a written notice of a violation that was recorded by an automated traffic law enforcement system must be sent via certified (rather than regular) mail to the registered owner of the vehicle as the alleged violator. Provides that no violation issued due to it being recorded by an automated traffic law enforcement system shall be actionable after one year.


LRB103 27634 MXP 54010 b

 

 

A BILL FOR

 

HB3275LRB103 27634 MXP 54010 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 11-208.6. Automated traffic law enforcement system.
9    (a) As used in this Section, "automated traffic law
10enforcement system" means a device with one or more motor
11vehicle sensors working in conjunction with a red light signal
12to produce recorded images of motor vehicles entering an
13intersection against a red signal indication in violation of
14Section 11-306 of this Code or a similar provision of a local
15ordinance.
16    An automated traffic law enforcement system is a system,
17in a municipality or county operated by a governmental agency,
18that produces a recorded image of a motor vehicle's violation
19of a provision of this Code or a local ordinance and is
20designed to obtain a clear recorded image of the vehicle and
21the vehicle's license plate. The recorded image must also
22display the time, date, and location of the violation.
23    (b) As used in this Section, "recorded images" means

 

 

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1images recorded by an automated traffic law enforcement system
2on:
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,
7    on 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
15the Internet.
16    (c) Except as provided under Section 11-208.8 of this
17Code, a county or municipality, including a home rule county
18or municipality, may not use an automated traffic law
19enforcement system to provide recorded images of a motor
20vehicle for the purpose of recording its speed. Except as
21provided under Section 11-208.8 of this Code, the regulation
22of the use of automated traffic law enforcement systems to
23record vehicle speeds is an exclusive power and function of
24the State. This subsection (c) is a denial and limitation of
25home rule powers and functions under subsection (h) of Section
266 of Article VII of 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
8    the 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,
22    to complete a required traffic education program, or to
23    contest liability in a timely manner is an admission of
24    liability;
25        (10) a statement that the person may elect to proceed
26    by:

 

 

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1            (A) paying the fine, completing a required traffic
2        education program, or both; or
3            (B) challenging the charge in court, by mail, or
4        by administrative hearing; and
5        (11) a website address, accessible through the
6    Internet, where the person may view the recorded images of
7    the violation.
8    (e) (Blank).
9    (f) Based on inspection of recorded images produced by an
10automated traffic law enforcement system, a notice alleging
11that the violation occurred shall be evidence of the facts
12contained in the notice and admissible in any proceeding
13alleging a violation under this Section.
14    (g) Recorded images made by an automatic traffic law
15enforcement system are confidential and shall be made
16available only to the alleged violator and governmental and
17law enforcement agencies for purposes of adjudicating a
18violation of this Section, for statistical purposes, or for
19other governmental purposes. Any recorded image evidencing a
20violation of this Section, however, may be admissible in any
21proceeding resulting from the issuance of the citation.
22    (h) The court or hearing officer may consider in defense
23of a violation:
24        (1) that the motor vehicle or registration plates or
25    digital registration plates of the motor vehicle were
26    stolen before the violation occurred and not under the

 

 

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1    control of or in the possession of the owner or lessee at
2    the time of the violation;
3        (1.5) that the motor vehicle was hijacked before the
4    violation occurred and not under the control of or in the
5    possession of the owner or lessee at the time of the
6    violation;
7        (2) that the driver of the vehicle passed through the
8    intersection when the light was red either (i) in order to
9    yield the right-of-way to an emergency vehicle or (ii) as
10    part of a funeral procession; and
11        (3) any other evidence or issues provided by municipal
12    or county ordinance.
13    (i) To demonstrate that the motor vehicle was hijacked or
14the motor vehicle or registration plates or digital
15registration plates were stolen before the violation occurred
16and were not under the control or possession of the owner or
17lessee at the time of the violation, the owner or lessee must
18submit proof that a report concerning the motor vehicle or
19registration plates was filed with a law enforcement agency in
20a timely manner.
21    (j) Unless the driver of the motor vehicle received a
22Uniform Traffic Citation from a police officer at the time of
23the violation, the motor vehicle owner is subject to a civil
24penalty not exceeding $100 or the completion of a traffic
25education program, or both, plus an additional penalty of not
26more than $100 for failure to pay the original penalty or to

 

 

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1complete a required traffic education program, or both, in a
2timely manner, if the motor vehicle is recorded by an
3automated traffic law enforcement system. A violation for
4which a civil penalty is imposed under this Section is not a
5violation of a traffic regulation governing the movement of
6vehicles and may not be recorded on the driving record of the
7owner of the vehicle.
8    (j-3) A registered owner who is a holder of a valid
9commercial driver's license is not required to complete a
10traffic education program.
11    (j-5) For purposes of the required traffic education
12program only, a registered owner may submit an affidavit to
13the court or hearing officer swearing that at the time of the
14alleged violation, the vehicle was in the custody and control
15of another person. The affidavit must identify the person in
16custody and control of the vehicle, including the person's
17name and current address. The person in custody and control of
18the vehicle at the time of the violation is required to
19complete the required traffic education program. If the person
20in custody and control of the vehicle at the time of the
21violation completes the required traffic education program,
22the registered owner of the vehicle is not required to
23complete a traffic education program.
24    (k) An intersection equipped with an automated traffic law
25enforcement system must be posted with a sign visible to
26approaching traffic indicating that the intersection is being

 

 

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1monitored by an automated traffic law enforcement system.
2    (k-3) A municipality or county that has one or more
3intersections equipped with an automated traffic law
4enforcement system must provide notice to drivers by posting
5the locations of automated traffic law systems on the
6municipality or county website.
7    (k-5) An intersection equipped with an automated traffic
8law enforcement system must have a yellow change interval that
9conforms with the Illinois Manual on Uniform Traffic Control
10Devices (IMUTCD) published by the Illinois Department of
11Transportation.
12    (k-7) A municipality or county operating an automated
13traffic law enforcement system shall conduct a statistical
14analysis to assess the safety impact of each automated traffic
15law enforcement system at an intersection following
16installation of the system. The statistical analysis shall be
17based upon the best available crash, traffic, and other data,
18and shall cover a period of time before and after installation
19of the system sufficient to provide a statistically valid
20comparison of safety impact. The statistical analysis shall be
21consistent with professional judgment and acceptable industry
22practice. The statistical analysis also shall be consistent
23with the data required for valid comparisons of before and
24after conditions and shall be conducted within a reasonable
25period following the installation of the automated traffic law
26enforcement system. The statistical analysis required by this

 

 

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1subsection (k-7) shall be made available to the public and
2shall be published on the website of the municipality or
3county. If the statistical analysis for the 36-month 36 month
4period following installation of the system indicates that
5there has been an increase in the rate of accidents at the
6approach to the intersection monitored by the system, the
7municipality or county shall undertake additional studies to
8determine the cause and severity of the accidents, and may
9take any action that it determines is necessary or appropriate
10to reduce the number or severity of the accidents at that
11intersection.
12    (l) The compensation paid for an automated traffic law
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (m) This Section applies only to the counties of Cook,
18DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
19to municipalities located within those counties.
20    (n) The fee for participating in a traffic education
21program under this Section shall not exceed $25.
22    A low-income individual required to complete a traffic
23education program under this Section who provides proof of
24eligibility for the federal earned income tax credit under
25Section 32 of the Internal Revenue Code or the Illinois earned
26income tax credit under Section 212 of the Illinois Income Tax

 

 

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1Act shall not be required to pay any fee for participating in a
2required traffic education program.
3    (o) (Blank).
4    (p) No person who is the lessor of a motor vehicle pursuant
5to a written lease agreement shall be liable for an automated
6speed or traffic law enforcement system violation involving
7such motor vehicle during the period of the lease; provided
8that upon the request of the appropriate authority received
9within 120 days after the violation occurred, the lessor
10provides within 60 days after such receipt the name and
11address of the lessee.
12    Upon the provision of information by the lessor pursuant
13to this subsection, the county or municipality may issue the
14violation to the lessee of the vehicle in the same manner as it
15would issue a violation to a registered owner of a vehicle
16pursuant to this Section, and the lessee may be held liable for
17the violation.
18(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
19102-905, eff. 1-1-23; revised 12-14-22.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 11-208.6. Automated traffic law enforcement system.
22    (a) As used in this Section, "automated traffic law
23enforcement system" means a device with one or more motor
24vehicle sensors working in conjunction with a red light signal
25to produce recorded images of motor vehicles entering an

 

 

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1intersection against a red signal indication in violation of
2Section 11-306 of this Code or a similar provision of a local
3ordinance.
4    An automated traffic law enforcement system is a system,
5in a municipality or county operated by a governmental agency,
6that produces a recorded image of a motor vehicle's violation
7of a provision of this Code or a local ordinance and is
8designed to obtain a clear recorded image of the vehicle and
9the vehicle's license plate. The recorded image must also
10display the time, date, and location of the violation.
11    (b) As used in this Section, "recorded images" means
12images recorded by an automated traffic law enforcement system
13on:
14        (1) 2 or more photographs;
15        (2) 2 or more microphotographs;
16        (3) 2 or more electronic images; or
17        (4) a video recording showing the motor vehicle and,
18    on at least one image or portion of the recording, clearly
19    identifying the registration plate or digital registration
20    plate number of the motor vehicle.
21    (b-5) A municipality or county that produces a recorded
22image of a motor vehicle's violation of a provision of this
23Code or a local ordinance must make the recorded images of a
24violation accessible to the alleged violator by providing the
25alleged violator with a website address, accessible through
26the Internet.

 

 

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1    (c) Except as provided under Section 11-208.8 of this
2Code, a county or municipality, including a home rule county
3or municipality, may not use an automated traffic law
4enforcement system to provide recorded images of a motor
5vehicle for the purpose of recording its speed. Except as
6provided under Section 11-208.8 of this Code, the regulation
7of the use of automated traffic law enforcement systems to
8record vehicle speeds is an exclusive power and function of
9the State. This subsection (c) is a denial and limitation of
10home rule powers and functions under subsection (h) of Section
116 of Article VII of the Illinois Constitution.
12    (c-5) A county or municipality, including a home rule
13county or municipality, may not use an automated traffic law
14enforcement system to issue violations in instances where the
15motor vehicle comes to a complete stop and does not enter the
16intersection, as defined by Section 1-132 of this Code, during
17the cycle of the red signal indication unless one or more
18pedestrians or bicyclists are present, even if the motor
19vehicle stops at a point past a stop line or crosswalk where a
20driver is required to stop, as specified in subsection (c) of
21Section 11-306 of this Code or a similar provision of a local
22ordinance.
23    (c-6) A county, or a municipality with less than 2,000,000
24inhabitants, including a home rule county or municipality, may
25not use an automated traffic law enforcement system to issue
26violations in instances where a motorcyclist enters an

 

 

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1intersection against a red signal indication when the red
2signal fails to change to a green signal within a reasonable
3period of time not less than 120 seconds because of a signal
4malfunction or because the signal has failed to detect the
5arrival of the motorcycle due to the motorcycle's size or
6weight.
7    (d) For each violation of a provision of this Code or a
8local ordinance recorded by an automatic traffic law
9enforcement system, the county or municipality having
10jurisdiction shall issue a written notice of the violation to
11the registered owner of the vehicle as the alleged violator.
12The notice shall be delivered to the registered owner of the
13vehicle, by certified mail, within 30 days after the Secretary
14of State notifies the municipality or county of the identity
15of the owner of the vehicle, but in no event later than 90 days
16after the violation.
17    The notice shall include:
18        (1) the name and address of the registered owner of
19    the vehicle;
20        (2) the registration number of the motor vehicle
21    involved in the violation;
22        (3) the violation charged;
23        (4) the location where the violation occurred;
24        (5) the date and time of the violation;
25        (6) a copy of the recorded images;
26        (7) the amount of the civil penalty imposed and the

 

 

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1    requirements of any traffic education program imposed and
2    the date by which the civil penalty should be paid and the
3    traffic education program should be completed;
4        (8) a statement that recorded images are evidence of a
5    violation of a red light signal;
6        (9) a warning that failure to pay the civil penalty,
7    to complete a required traffic education program, or to
8    contest liability in a timely manner is an admission of
9    liability;
10        (10) a statement that the person may elect to proceed
11    by:
12            (A) paying the fine, completing a required traffic
13        education program, or both; or
14            (B) challenging the charge in court, by mail, or
15        by administrative hearing; and
16        (11) a website address, accessible through the
17    Internet, where the person may view the recorded images of
18    the violation.
19    (e) (Blank).
20    (f) Based on inspection of recorded images produced by an
21automated traffic law enforcement system, a notice alleging
22that the violation occurred shall be evidence of the facts
23contained in the notice and admissible in any proceeding
24alleging a violation under this Section.
25    (g) Recorded images made by an automatic traffic law
26enforcement system are confidential and shall be made

 

 

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1available only to the alleged violator and governmental and
2law enforcement agencies for purposes of adjudicating a
3violation of this Section, for statistical purposes, or for
4other governmental purposes. Any recorded image evidencing a
5violation of this Section, however, may be admissible in any
6proceeding resulting from the issuance of the citation.
7    (h) The court or hearing officer may consider in defense
8of a violation:
9        (1) that the motor vehicle or registration plates or
10    digital registration plates of the motor vehicle were
11    stolen before the violation occurred and not under the
12    control of or in the possession of the owner or lessee at
13    the time of the violation;
14        (1.5) that the motor vehicle was hijacked before the
15    violation occurred and not under the control of or in the
16    possession of the owner or lessee at the time of the
17    violation;
18        (2) that the driver of the vehicle passed through the
19    intersection when the light was red either (i) in order to
20    yield the right-of-way to an emergency vehicle or (ii) as
21    part of a funeral procession; and
22        (2.5) that any action for a violation of this Section
23    is barred by the statute of limitation under subsection
24    (q); and
25        (3) any other evidence or issues provided by municipal
26    or county ordinance.

 

 

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1    (i) To demonstrate that the motor vehicle was hijacked or
2the motor vehicle or registration plates or digital
3registration plates were stolen before the violation occurred
4and were not under the control or possession of the owner or
5lessee at the time of the violation, the owner or lessee must
6submit proof that a report concerning the motor vehicle or
7registration plates was filed with a law enforcement agency in
8a timely manner.
9    (j) Unless the driver of the motor vehicle received a
10Uniform Traffic Citation from a police officer at the time of
11the violation, the motor vehicle owner is subject to a civil
12penalty not exceeding $100 or the completion of a traffic
13education program, or both, plus an additional penalty of not
14more than $100 for failure to pay the original penalty or to
15complete a required traffic education program, or both, in a
16timely manner, if the motor vehicle is recorded by an
17automated traffic law enforcement system. A violation for
18which a civil penalty is imposed under this Section is not a
19violation of a traffic regulation governing the movement of
20vehicles and may not be recorded on the driving record of the
21owner of the vehicle.
22    (j-3) A registered owner who is a holder of a valid
23commercial driver's license is not required to complete a
24traffic education program.
25    (j-5) For purposes of the required traffic education
26program only, a registered owner may submit an affidavit to

 

 

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1the court or hearing officer swearing that at the time of the
2alleged violation, the vehicle was in the custody and control
3of another person. The affidavit must identify the person in
4custody and control of the vehicle, including the person's
5name and current address. The person in custody and control of
6the vehicle at the time of the violation is required to
7complete the required traffic education program. If the person
8in custody and control of the vehicle at the time of the
9violation completes the required traffic education program,
10the registered owner of the vehicle is not required to
11complete a traffic education program.
12    (k) An intersection equipped with an automated traffic law
13enforcement system must be posted with a sign visible to
14approaching traffic indicating that the intersection is being
15monitored by an automated traffic law enforcement system.
16    (k-3) A municipality or county that has one or more
17intersections equipped with an automated traffic law
18enforcement system must provide notice to drivers by posting
19the locations of automated traffic law systems on the
20municipality or county website.
21    (k-5) An intersection equipped with an automated traffic
22law enforcement system must have a yellow change interval that
23conforms with the Illinois Manual on Uniform Traffic Control
24Devices (IMUTCD) published by the Illinois Department of
25Transportation.
26    (k-7) A municipality or county operating an automated

 

 

HB3275- 18 -LRB103 27634 MXP 54010 b

1traffic law enforcement system shall conduct a statistical
2analysis to assess the safety impact of each automated traffic
3law enforcement system at an intersection following
4installation of the system. The statistical analysis shall be
5based upon the best available crash, traffic, and other data,
6and shall cover a period of time before and after installation
7of the system sufficient to provide a statistically valid
8comparison of safety impact. The statistical analysis shall be
9consistent with professional judgment and acceptable industry
10practice. The statistical analysis also shall be consistent
11with the data required for valid comparisons of before and
12after conditions and shall be conducted within a reasonable
13period following the installation of the automated traffic law
14enforcement system. The statistical analysis required by this
15subsection (k-7) shall be made available to the public and
16shall be published on the website of the municipality or
17county. If the statistical analysis for the 36-month 36 month
18period following installation of the system indicates that
19there has been an increase in the rate of crashes at the
20approach to the intersection monitored by the system, the
21municipality or county shall undertake additional studies to
22determine the cause and severity of the crashes, and may take
23any action that it determines is necessary or appropriate to
24reduce the number or severity of the crashes at that
25intersection.
26    (l) The compensation paid for an automated traffic law

 

 

HB3275- 19 -LRB103 27634 MXP 54010 b

1enforcement system must be based on the value of the equipment
2or the services provided and may not be based on the number of
3traffic citations issued or the revenue generated by the
4system.
5    (m) This Section applies only to the counties of Cook,
6DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
7to municipalities located within those counties.
8    (n) The fee for participating in a traffic education
9program under this Section shall not exceed $25.
10    A low-income individual required to complete a traffic
11education program under this Section who provides proof of
12eligibility for the federal earned income tax credit under
13Section 32 of the Internal Revenue Code or the Illinois earned
14income tax credit under Section 212 of the Illinois Income Tax
15Act shall not be required to pay any fee for participating in a
16required traffic education program.
17    (o) (Blank).
18    (p) No person who is the lessor of a motor vehicle pursuant
19to a written lease agreement shall be liable for an automated
20speed or traffic law enforcement system violation involving
21such motor vehicle during the period of the lease; provided
22that upon the request of the appropriate authority received
23within 120 days after the violation occurred, the lessor
24provides within 60 days after such receipt the name and
25address of the lessee.
26    Upon the provision of information by the lessor pursuant

 

 

HB3275- 20 -LRB103 27634 MXP 54010 b

1to this subsection, the county or municipality may issue the
2violation to the lessee of the vehicle in the same manner as it
3would issue a violation to a registered owner of a vehicle
4pursuant to this Section, and the lessee may be held liable for
5the violation.
6    (q) A municipality or county shall not take action on any
7violation issued under this Section one year after issuance of
8the citation.
9(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
10102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
 
11    Section 95. No acceleration or delay. Where this Act makes
12changes in a statute that is represented in this Act by text
13that is not yet or no longer in effect (for example, a Section
14represented by multiple versions), the use of that text does
15not accelerate or delay the taking effect of (i) the changes
16made by this Act or (ii) provisions derived from any other
17Public Act.