96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2979

 

Introduced 2/3/2010, by Sen. Carole Pankau

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Provides that a county or municipality may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of issuing violations to persons driving a motor vehicle who enter an intersection to turn right against a red signal indication. Provides that a county or municipality may require any registered owner responding to an automated traffic law violation notice to submit proof of minimum liability insurance coverage of the motor vehicle at the time of the violation. Effective January 1, 2011.


LRB096 19805 AJT 35252 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2979 LRB096 19805 AJT 35252 b

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

 

 

SB2979 - 2 - LRB096 19805 AJT 35252 b

1         (1) 2 or more photographs;
2         (2) 2 or more microphotographs;
3         (3) 2 or more electronic images; or
4         (4) a video recording showing the motor vehicle and, on
5     at least one image or portion of the recording, clearly
6     identifying the registration plate number of the motor
7     vehicle.
8     (c) A county or municipality, including a home rule county
9 or municipality, may not use an automated traffic law
10 enforcement system to provide recorded images of a motor
11 vehicle for the purpose of recording its speed. The regulation
12 of the use of automated traffic law enforcement systems to
13 record vehicle speeds is an exclusive power and function of the
14 State. This subsection (c) is a denial and limitation of home
15 rule powers and functions under subsection (h) of Section 6 of
16 Article VII of the Illinois Constitution.
17     (c-5) A county or municipality, including a home rule
18 county or municipality, may not use an automated traffic law
19 enforcement system to provide recorded images of a motor
20 vehicle for the purpose of issuing violations to persons
21 driving a motor vehicle who enter an intersection to turn right
22 against a red signal indication as described in paragraph 3 of
23 subsection (c) of Section 11-306 of this Code or a similar
24 provision of a local ordinance.
25     (d) For each violation of a provision of this Code or a
26 local ordinance recorded by an automatic traffic law

 

 

SB2979 - 3 - LRB096 19805 AJT 35252 b

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

 

 

SB2979 - 4 - LRB096 19805 AJT 35252 b

1     liability and may result in a suspension of the driving
2     privileges of the registered owner of the vehicle; and
3         (10) a statement that the person may elect to proceed
4     by:
5             (A) paying the fine, completing a required traffic
6         education program, or both; or
7             (B) challenging the charge in court, by mail, or by
8         administrative hearing; and .
9         (11) if required by the county or municipality, a
10         statement that pursuant to subsection (o) of this
11         Section, the registered owner is required to submit
12         proof of minimum liability insurance coverage,
13         pursuant to Article VI of Chapter 7 of this Code, of
14         the motor vehicle at the time of the violation.
15     (e) If a person charged with a traffic violation, as a
16 result of an automated traffic law enforcement system, does not
17 pay the fine or complete a required traffic education program,
18 or both, or successfully contest the civil penalty resulting
19 from that violation, the Secretary of State shall suspend the
20 driving privileges of the registered owner of the vehicle under
21 Section 6-306.5 of this Code for failing to complete a required
22 traffic education program or to pay any fine or penalty due and
23 owing, or both, as a result of 5 violations of the automated
24 traffic law enforcement system.
25     (f) Based on inspection of recorded images produced by an
26 automated traffic law enforcement system, a notice alleging

 

 

SB2979 - 5 - LRB096 19805 AJT 35252 b

1 that the violation occurred shall be evidence of the facts
2 contained in the notice and admissible in any proceeding
3 alleging a violation under this Section.
4     (g) Recorded images made by an automatic traffic law
5 enforcement system are confidential and shall be made available
6 only to the alleged violator and governmental and law
7 enforcement agencies for purposes of adjudicating a violation
8 of this Section, for statistical purposes, or for other
9 governmental purposes. Any recorded image evidencing a
10 violation of this Section, however, may be admissible in any
11 proceeding resulting from the issuance of the citation.
12     (h) The court or hearing officer may consider in defense of
13 a violation:
14         (1) that the motor vehicle or registration plates of
15     the motor vehicle were stolen before the violation occurred
16     and not under the control of or in the possession of the
17     owner at the time of the 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         (3) any other evidence or issues provided by municipal
23     or county ordinance.
24     (i) To demonstrate that the motor vehicle or the
25 registration plates were stolen before the violation occurred
26 and were not under the control or possession of the owner at

 

 

SB2979 - 6 - LRB096 19805 AJT 35252 b

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

 

 

SB2979 - 7 - LRB096 19805 AJT 35252 b

1 and current address. The person in custody and control of the
2 vehicle at the time of the violation is required to complete
3 the required traffic education program. If the person in
4 custody and control of the vehicle at the time of the violation
5 completes the required traffic education program, the
6 registered owner of the vehicle is not required to complete a
7 traffic education program.
8     (k) An intersection equipped with an automated traffic law
9 enforcement system must be posted with a sign visible to
10 approaching traffic indicating that the intersection is being
11 monitored by an automated traffic law enforcement system.
12     (l) The compensation paid for an automated traffic law
13 enforcement system must be based on the value of the equipment
14 or the services provided and may not be based on the number of
15 traffic citations issued or the revenue generated by the
16 system.
17     (m) This Section applies only to the counties of Cook,
18 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
19 to municipalities located within those counties.
20     (n) The fee for participating in a traffic education
21 program under this Section shall not exceed $25.
22     A low-income individual required to complete a traffic
23 education program under this Section who provides proof of
24 eligibility for the federal earned income tax credit under
25 Section 32 of the Internal Revenue Code or the Illinois earned
26 income tax credit under Section 212 of the Illinois Income Tax

 

 

SB2979 - 8 - LRB096 19805 AJT 35252 b

1 Act shall not be required to pay any fee for participating in a
2 required traffic education program.
3     (o) A county or municipality may require any registered
4 owner responding to a violation notice under this Section to
5 submit proof of minimum liability insurance coverage, pursuant
6 to Article VI of Chapter 7 of this Code, of the motor vehicle
7 at the time of the violation.
8 (Source: P.A. 96-288, eff. 8-11-09.)
 
9     Section 99. Effective date. This Act takes effect January
10 1, 2011.