Full Text of HB3772 102nd General Assembly
HB3772enr 102ND GENERAL ASSEMBLY |
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| 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 | 5 | | changing Sections 11-208.3, 11-208.6, 11-208.7, 11-208.8, | 6 | | 11-208.9, and 11-1201.1 as follows:
| 7 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 8 | | Sec. 11-208.3. Administrative adjudication of violations | 9 | | of traffic
regulations concerning the standing, parking, or | 10 | | condition of
vehicles, automated traffic law violations, and | 11 | | automated speed enforcement system violations.
| 12 | | (a) Any municipality or county may provide by ordinance | 13 | | for a system of
administrative adjudication of vehicular | 14 | | standing and parking violations and
vehicle compliance | 15 | | violations as described in this subsection, automated traffic | 16 | | law violations as defined in Section 11-208.6, 11-208.9, or | 17 | | 11-1201.1, and automated speed enforcement system violations | 18 | | as defined in Section 11-208.8.
The administrative system | 19 | | shall have as its purpose the fair and
efficient enforcement | 20 | | of municipal or county regulations through the
administrative | 21 | | adjudication of automated speed enforcement system or | 22 | | automated traffic law violations and violations of municipal | 23 | | or county ordinances
regulating the standing and parking of |
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| 1 | | vehicles, the condition and use of
vehicle equipment, and the | 2 | | display of municipal or county wheel tax licenses within the
| 3 | | municipality's
or county's borders. The administrative system | 4 | | shall only have authority to adjudicate
civil offenses | 5 | | carrying fines not in excess of $500 or requiring the | 6 | | completion of a traffic education program, or both, that occur | 7 | | after the
effective date of the ordinance adopting such a | 8 | | system under this Section.
For purposes of this Section, | 9 | | "compliance violation" means a violation of a
municipal or | 10 | | county regulation governing the condition or use of equipment | 11 | | on a vehicle
or governing the display of a municipal or county | 12 | | wheel tax license.
| 13 | | (b) Any ordinance establishing a system of administrative | 14 | | adjudication
under this Section shall provide for:
| 15 | | (1) A traffic compliance administrator authorized to
| 16 | | adopt, distribute, and
process parking, compliance, and | 17 | | automated speed enforcement system or automated traffic | 18 | | law violation notices and other notices required
by this
| 19 | | Section, collect money paid as fines and penalties for | 20 | | violation of parking
and compliance
ordinances and | 21 | | automated speed enforcement system or automated traffic | 22 | | law violations, and operate an administrative adjudication | 23 | | system.
| 24 | | (2) A parking, standing, compliance, automated speed | 25 | | enforcement system, or automated traffic law violation | 26 | | notice
that
shall specify or include the date,
time, and |
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| 1 | | place of violation of a parking, standing,
compliance, | 2 | | automated speed enforcement system, or automated traffic | 3 | | law
regulation; the particular regulation
violated; any | 4 | | requirement to complete a traffic education program; the | 5 | | fine and any penalty that may be assessed for late payment | 6 | | or failure to complete a required traffic education | 7 | | program, or both,
when so provided by ordinance; the | 8 | | vehicle make or a photograph of the vehicle; the state | 9 | | registration
number of the vehicle; and the identification | 10 | | number of the
person issuing the notice.
With regard to | 11 | | automated speed enforcement system or automated traffic | 12 | | law violations, vehicle make shall be specified on the | 13 | | automated speed enforcement system or automated traffic | 14 | | law violation notice if the notice does not include a | 15 | | photograph of the vehicle and the make is available and | 16 | | readily discernible. With regard to municipalities or | 17 | | counties with a population of 1 million or more, it
shall | 18 | | be grounds for
dismissal of a parking
violation if the | 19 | | state registration number or vehicle make specified is
| 20 | | incorrect. The violation notice shall state that the | 21 | | completion of any required traffic education program, the | 22 | | payment of any indicated
fine, and the payment of any | 23 | | applicable penalty for late payment or failure to complete | 24 | | a required traffic education program, or both, shall | 25 | | operate as a
final disposition of the violation. The | 26 | | notice also shall contain
information as to the |
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| 1 | | availability of a hearing in which the violation may
be | 2 | | contested on its merits. The violation notice shall | 3 | | specify the
time and manner in which a hearing may be had.
| 4 | | (3) Service of a parking, standing, or compliance
| 5 | | violation notice by: (i) affixing the
original or a | 6 | | facsimile of the notice to an unlawfully parked or | 7 | | standing vehicle; (ii)
handing the notice to the operator | 8 | | of a vehicle if he or she is
present; or (iii) mailing the | 9 | | notice to the address of the registered owner or lessee of | 10 | | the cited vehicle as recorded with the Secretary of State | 11 | | or the lessor of the motor vehicle within 30 days after the | 12 | | Secretary of State or the lessor of the motor vehicle | 13 | | notifies the municipality or county of the identity of the | 14 | | owner or lessee of the vehicle, but not later than 90 days | 15 | | after the date of the violation, except that in the case of | 16 | | a lessee of a motor vehicle, service of a parking, | 17 | | standing, or compliance violation notice may occur no | 18 | | later than 210 days after the violation; and service of an | 19 | | automated speed enforcement system or automated traffic | 20 | | law violation notice by mail to the
address
of the | 21 | | registered owner or lessee of the cited vehicle as | 22 | | recorded with the Secretary of
State or the lessor of the | 23 | | motor vehicle within 30 days after the Secretary of State | 24 | | or the lessor of the motor vehicle notifies the | 25 | | municipality or county of the identity of the owner or | 26 | | lessee of the vehicle, but not later than 90 days after the |
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| 1 | | violation, except that in the case of a lessee of a motor | 2 | | vehicle, service of an automated traffic law violation | 3 | | notice may occur no later than 210 days after the | 4 | | violation. A person authorized by ordinance to issue and | 5 | | serve parking,
standing, and compliance
violation notices | 6 | | shall certify as to the correctness of the facts entered
| 7 | | on the violation notice by signing his or her name to the | 8 | | notice at
the time of service or, in the case of a notice | 9 | | produced by a computerized
device, by signing a single | 10 | | certificate to be kept by the traffic
compliance
| 11 | | administrator attesting to the correctness of all notices | 12 | | produced by the
device while it was under his or her | 13 | | control. In the case of an automated traffic law | 14 | | violation, the ordinance shall
require
a
determination by | 15 | | a technician employed or contracted by the municipality or | 16 | | county that,
based on inspection of recorded images, the | 17 | | motor vehicle was being operated in
violation of Section | 18 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | 19 | | the technician determines that the
vehicle entered the | 20 | | intersection as part of a funeral procession or in order | 21 | | to
yield the right-of-way to an emergency vehicle, a | 22 | | citation shall not be issued. In municipalities with a | 23 | | population of less than 1,000,000 inhabitants and counties | 24 | | with a population of less than 3,000,000 inhabitants, the | 25 | | automated traffic law ordinance shall require that all | 26 | | determinations by a technician that a motor vehicle was |
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| 1 | | being operated in
violation of Section 11-208.6, 11-208.9, | 2 | | or 11-1201.1 or a local ordinance must be reviewed and | 3 | | approved by a law enforcement officer or retired law | 4 | | enforcement officer of the municipality or county issuing | 5 | | the violation. In municipalities with a population of | 6 | | 1,000,000 or more inhabitants and counties with a | 7 | | population of 3,000,000 or more inhabitants, the automated | 8 | | traffic law ordinance shall require that all | 9 | | determinations by a technician that a motor vehicle was | 10 | | being operated in
violation of Section 11-208.6, 11-208.9, | 11 | | or 11-1201.1 or a local ordinance must be reviewed and | 12 | | approved by a law enforcement officer or retired law | 13 | | enforcement officer of the municipality or county issuing | 14 | | the violation or by an additional fully trained reviewing | 15 | | technician who is not employed by the contractor who | 16 | | employs the technician who made the initial determination. | 17 | | In the case of an automated speed enforcement system | 18 | | violation, the ordinance shall require a determination by | 19 | | a technician employed by the municipality, based upon an | 20 | | inspection of recorded images, video or other | 21 | | documentation, including documentation of the speed limit | 22 | | and automated speed enforcement signage, and documentation | 23 | | of the inspection, calibration, and certification of the | 24 | | speed equipment, that the vehicle was being operated in | 25 | | violation of Article VI of Chapter 11 of this Code or a | 26 | | similar local ordinance. If the technician determines that |
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| 1 | | the vehicle speed was not determined by a calibrated, | 2 | | certified speed equipment device based upon the speed | 3 | | equipment documentation, or if the vehicle was an | 4 | | emergency vehicle, a citation may not be issued. The | 5 | | automated speed enforcement ordinance shall require that | 6 | | all determinations by a technician that a violation | 7 | | occurred be reviewed and approved by a law enforcement | 8 | | officer or retired law enforcement officer of the | 9 | | municipality issuing the violation or by an additional | 10 | | fully trained reviewing technician who is not employed by | 11 | | the contractor who employs the technician who made the | 12 | | initial determination. Routine and independent calibration | 13 | | of the speeds produced by automated speed enforcement | 14 | | systems and equipment shall be conducted annually by a | 15 | | qualified technician. Speeds produced by an automated | 16 | | speed enforcement system shall be compared with speeds | 17 | | produced by lidar or other independent equipment. Radar or | 18 | | lidar equipment shall undergo an internal validation test | 19 | | no less frequently than once each week. Qualified | 20 | | technicians shall test loop-based equipment no less | 21 | | frequently than once a year. Radar equipment shall be | 22 | | checked for accuracy by a qualified technician when the | 23 | | unit is serviced, when unusual or suspect readings | 24 | | persist, or when deemed necessary by a reviewing | 25 | | technician. Radar equipment shall be checked with the | 26 | | internal frequency generator and the internal circuit test |
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| 1 | | whenever the radar is turned on. Technicians must be alert | 2 | | for any unusual or suspect readings, and if unusual or | 3 | | suspect readings of a radar unit persist, that unit shall | 4 | | immediately be removed from service and not returned to | 5 | | service until it has been checked by a qualified | 6 | | technician and determined to be functioning properly. | 7 | | Documentation of the annual calibration results, including | 8 | | the equipment tested, test date, technician performing the | 9 | | test, and test results, shall be maintained and available | 10 | | for use in the determination of an automated speed | 11 | | enforcement system violation and issuance of a citation. | 12 | | The technician performing the calibration and testing of | 13 | | the automated speed enforcement equipment shall be trained | 14 | | and certified in the use of equipment for speed | 15 | | enforcement purposes. Training on the speed enforcement | 16 | | equipment may be conducted by law enforcement, civilian, | 17 | | or manufacturer's personnel and if applicable may be | 18 | | equivalent to the equipment use and operations training | 19 | | included in the Speed Measuring Device Operator Program | 20 | | developed by the National Highway Traffic Safety | 21 | | Administration (NHTSA). The vendor or technician who | 22 | | performs the work shall keep accurate records on each | 23 | | piece of equipment the technician calibrates and tests. As | 24 | | used in this paragraph, "fully trained reviewing | 25 | | technician" means a person who has received at least 40 | 26 | | hours of supervised training in subjects which shall |
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| 1 | | include image inspection and interpretation, the elements | 2 | | necessary to prove a violation, license plate | 3 | | identification, and traffic safety and management. In all | 4 | | municipalities and counties, the automated speed | 5 | | enforcement system or automated traffic law ordinance | 6 | | shall require that no additional fee shall be charged to | 7 | | the alleged violator for exercising his or her right to an | 8 | | administrative hearing, and persons shall be given at | 9 | | least 25 days following an administrative hearing to pay | 10 | | any civil penalty imposed by a finding that Section | 11 | | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | 12 | | local ordinance has been violated. The original or a
| 13 | | facsimile of the violation notice or, in the case of a | 14 | | notice produced by a
computerized device, a printed record | 15 | | generated by the device showing the facts
entered on the | 16 | | notice, shall be retained by the
traffic compliance
| 17 | | administrator, and shall be a record kept in the ordinary | 18 | | course of
business. A parking, standing, compliance, | 19 | | automated speed enforcement system, or automated traffic | 20 | | law violation notice issued,
signed, and served in
| 21 | | accordance with this Section, a copy of the notice, or the | 22 | | computer-generated record shall be prima facie
correct and | 23 | | shall be prima facie evidence of the correctness of the | 24 | | facts
shown on the notice. The notice, copy, or | 25 | | computer-generated
record shall be admissible in any
| 26 | | subsequent administrative or legal proceedings.
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| 1 | | (4) An opportunity for a hearing for the registered | 2 | | owner of the
vehicle cited in the parking, standing, | 3 | | compliance, automated speed enforcement system, or | 4 | | automated traffic law violation notice in
which the owner | 5 | | may
contest the merits of the alleged violation, and | 6 | | during which formal or
technical rules of evidence shall | 7 | | not apply; provided, however, that under
Section 11-1306 | 8 | | of this Code the lessee of a vehicle cited in the
violation | 9 | | notice likewise shall be provided an opportunity for a | 10 | | hearing of
the same kind afforded the registered owner. | 11 | | The hearings shall be
recorded, and the person conducting | 12 | | the hearing on behalf of the traffic
compliance
| 13 | | administrator shall be empowered to administer oaths and | 14 | | to secure by
subpoena both the attendance and testimony of | 15 | | witnesses and the production
of relevant books and papers. | 16 | | Persons appearing at a hearing under this
Section may be | 17 | | represented by counsel at their expense. The ordinance may
| 18 | | also provide for internal administrative review following | 19 | | the decision of
the hearing officer.
| 20 | | (5) Service of additional notices, sent by first class | 21 | | United States
mail, postage prepaid, to the address of the | 22 | | registered owner of the cited
vehicle as recorded with the | 23 | | Secretary of State or, if any notice to that address is | 24 | | returned as undeliverable, to the last known address | 25 | | recorded in a United States Post Office approved database,
| 26 | | or, under Section 11-1306
or subsection (p) of Section |
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| 1 | | 11-208.6 or 11-208.9, or subsection (p) of Section | 2 | | 11-208.8 of this Code, to the lessee of the cited vehicle | 3 | | at the last address known
to the lessor of the cited | 4 | | vehicle at the time of lease or, if any notice to that | 5 | | address is returned as undeliverable, to the last known | 6 | | address recorded in a United States Post Office approved | 7 | | database.
The service shall
be deemed complete as of the | 8 | | date of deposit in the United States mail.
The notices | 9 | | shall be in the following sequence and shall include, but | 10 | | not be
limited to, the information specified herein:
| 11 | | (i) A second notice of parking, standing, or | 12 | | compliance violation if the first notice of the | 13 | | violation was issued by affixing the original or a | 14 | | facsimile of the notice to the unlawfully parked | 15 | | vehicle or by handing the notice to the operator. This | 16 | | notice shall specify or include the
date and location | 17 | | of the violation cited in the parking,
standing,
or | 18 | | compliance violation
notice, the particular regulation | 19 | | violated, the vehicle
make or a photograph of the | 20 | | vehicle, the state registration number of the vehicle, | 21 | | any requirement to complete a traffic education | 22 | | program, the fine and any penalty that may be
assessed | 23 | | for late payment or failure to complete a traffic | 24 | | education program, or both, when so provided by | 25 | | ordinance, the availability
of a hearing in which the | 26 | | violation may be contested on its merits, and the
time |
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| 1 | | and manner in which the hearing may be had. The notice | 2 | | of violation
shall also state that failure to complete | 3 | | a required traffic education program, to pay the | 4 | | indicated fine and any
applicable penalty, or to | 5 | | appear at a hearing on the merits in the time and
| 6 | | manner specified, will result in a final determination | 7 | | of violation
liability for the cited violation in the | 8 | | amount of the fine or penalty
indicated, and that, | 9 | | upon the occurrence of a final determination of | 10 | | violation liability for the failure, and the | 11 | | exhaustion of, or
failure to exhaust, available | 12 | | administrative or judicial procedures for
review, any | 13 | | incomplete traffic education program or any unpaid | 14 | | fine or penalty, or both, will constitute a debt due | 15 | | and owing
the municipality or county.
| 16 | | (ii) A notice of final determination of parking, | 17 | | standing,
compliance, automated speed enforcement | 18 | | system, or automated traffic law violation liability.
| 19 | | This notice shall be sent following a final | 20 | | determination of parking,
standing, compliance, | 21 | | automated speed enforcement system, or automated | 22 | | traffic law
violation liability and the conclusion of | 23 | | judicial review procedures taken
under this Section. | 24 | | The notice shall state that the incomplete traffic | 25 | | education program or the unpaid fine or
penalty, or | 26 | | both, is a debt due and owing the municipality or |
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| 1 | | county. The notice shall contain
warnings that failure | 2 | | to complete any required traffic education program or | 3 | | to pay any fine or penalty due and owing the
| 4 | | municipality or county, or both, within the time | 5 | | specified may result in the municipality's
or county's | 6 | | filing of a petition in the Circuit Court to have the | 7 | | incomplete traffic education program or unpaid
fine or | 8 | | penalty, or both, rendered a judgment as provided by | 9 | | this Section, or, where applicable, may
result in | 10 | | suspension of the person's driver's license for | 11 | | failure to complete a traffic education program.
| 12 | | (6) A notice of impending driver's license suspension. | 13 | | This
notice shall be sent to the person liable for failure | 14 | | to complete a required traffic education program. The | 15 | | notice
shall state that failure to complete a required | 16 | | traffic education program within 45 days of
the notice's | 17 | | date will result in the municipality or county notifying | 18 | | the Secretary
of State that the person is eligible for | 19 | | initiation of suspension
proceedings under Section 6-306.5 | 20 | | of this Code. The notice shall also state
that the person | 21 | | may obtain a photostatic copy of an original ticket | 22 | | imposing a
fine or penalty by sending a self-addressed, | 23 | | stamped envelope to the
municipality or county along with | 24 | | a request for the photostatic copy.
The notice of | 25 | | impending driver's
license suspension shall be sent by | 26 | | first class United States mail,
postage prepaid, to the |
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| 1 | | address recorded with the Secretary of State or, if any | 2 | | notice to that address is returned as undeliverable, to | 3 | | the last known address recorded in a United States Post | 4 | | Office approved database.
| 5 | | (7) Final determinations of violation liability. A | 6 | | final
determination of violation liability shall occur | 7 | | following failure to complete the required traffic | 8 | | education program or
to pay the fine or penalty, or both, | 9 | | after a hearing officer's determination of violation | 10 | | liability and the exhaustion of or failure to exhaust any
| 11 | | administrative review procedures provided by ordinance. | 12 | | Where a person
fails to appear at a hearing to contest the | 13 | | alleged violation in the time
and manner specified in a | 14 | | prior mailed notice, the hearing officer's
determination | 15 | | of violation liability shall become final: (A) upon
denial | 16 | | of a timely petition to set aside that determination, or | 17 | | (B) upon
expiration of the period for filing the petition | 18 | | without a
filing having been made.
| 19 | | (8) A petition to set aside a determination of | 20 | | parking, standing,
compliance, automated speed enforcement | 21 | | system, or automated traffic law violation
liability that | 22 | | may be filed by a person owing an unpaid fine or penalty. A | 23 | | petition to set aside a determination of liability may | 24 | | also be filed by a person required to complete a traffic | 25 | | education program.
The petition shall be filed with and | 26 | | ruled upon by the traffic compliance
administrator in the |
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| 1 | | manner and within the time specified by ordinance.
The | 2 | | grounds for the petition may be limited to: (A) the person | 3 | | not having
been the owner or lessee of the cited vehicle on | 4 | | the date the
violation notice was issued, (B) the person | 5 | | having already completed the required traffic education | 6 | | program or paid the fine or
penalty, or both, for the | 7 | | violation in question, and (C) excusable failure to
appear | 8 | | at or
request a new date for a hearing.
With regard to | 9 | | municipalities or counties with a population of 1 million | 10 | | or more, it
shall be grounds for
dismissal of a
parking | 11 | | violation if the state registration number or vehicle | 12 | | make, only if specified in the violation notice, is
| 13 | | incorrect. After the determination of
parking, standing, | 14 | | compliance, automated speed enforcement system, or | 15 | | automated traffic law violation liability has been set | 16 | | aside
upon a showing of just
cause, the registered owner | 17 | | shall be provided with a hearing on the merits
for that | 18 | | violation.
| 19 | | (9) Procedures for non-residents. Procedures by which | 20 | | persons who are
not residents of the municipality or | 21 | | county may contest the merits of the alleged
violation | 22 | | without attending a hearing.
| 23 | | (10) A schedule of civil fines for violations of | 24 | | vehicular standing,
parking, compliance, automated speed | 25 | | enforcement system, or automated traffic law regulations | 26 | | enacted by ordinance pursuant to this
Section, and a
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| 1 | | schedule of penalties for late payment of the fines or | 2 | | failure to complete required traffic education programs, | 3 | | provided, however,
that the total amount of the fine and | 4 | | penalty for any one violation shall
not exceed $250, | 5 | | except as provided in subsection (c) of Section 11-1301.3 | 6 | | of this Code.
| 7 | | (11) Other provisions as are necessary and proper to | 8 | | carry into
effect the powers granted and purposes stated | 9 | | in this Section.
| 10 | | (c) Any municipality or county establishing vehicular | 11 | | standing, parking,
compliance, automated speed enforcement | 12 | | system, or automated traffic law
regulations under this | 13 | | Section may also provide by ordinance for a
program of vehicle | 14 | | immobilization for the purpose of facilitating
enforcement of | 15 | | those regulations. The program of vehicle
immobilization shall | 16 | | provide for immobilizing any eligible vehicle upon the
public | 17 | | way by presence of a restraint in a manner to prevent operation | 18 | | of
the vehicle. Any ordinance establishing a program of | 19 | | vehicle
immobilization under this Section shall provide:
| 20 | | (1) Criteria for the designation of vehicles eligible | 21 | | for
immobilization. A vehicle shall be eligible for | 22 | | immobilization when the
registered owner of the vehicle | 23 | | has accumulated the number of incomplete traffic education | 24 | | programs or unpaid final
determinations of parking, | 25 | | standing, compliance, automated speed enforcement system, | 26 | | or automated traffic law violation liability, or both, as
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| 1 | | determined by ordinance.
| 2 | | (2) A notice of impending vehicle immobilization and a | 3 | | right to a
hearing to challenge the validity of the notice | 4 | | by disproving liability
for the incomplete traffic | 5 | | education programs or unpaid final determinations of | 6 | | parking, standing, compliance, automated speed enforcement | 7 | | system, or automated traffic law
violation liability, or | 8 | | both, listed
on the notice.
| 9 | | (3) The right to a prompt hearing after a vehicle has | 10 | | been immobilized
or subsequently towed without the | 11 | | completion of the required traffic education program or | 12 | | payment of the outstanding fines and
penalties on parking, | 13 | | standing, compliance, automated speed enforcement system, | 14 | | or automated traffic law violations, or both, for which | 15 | | final
determinations have been
issued. An order issued | 16 | | after the hearing is a final administrative
decision | 17 | | within the meaning of Section 3-101 of the Code of Civil | 18 | | Procedure.
| 19 | | (4) A post immobilization and post-towing notice | 20 | | advising the registered
owner of the vehicle of the right | 21 | | to a hearing to challenge the validity
of the impoundment.
| 22 | | (d) Judicial review of final determinations of parking, | 23 | | standing,
compliance, automated speed enforcement system, or | 24 | | automated traffic law
violations and final administrative | 25 | | decisions issued after hearings
regarding vehicle | 26 | | immobilization and impoundment made
under this Section shall |
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| 1 | | be subject to the provisions of
the Administrative Review Law.
| 2 | | (e) Any fine, penalty, incomplete traffic education | 3 | | program, or part of any fine or any penalty remaining
unpaid | 4 | | after the exhaustion of, or the failure to exhaust, | 5 | | administrative
remedies created under this Section and the | 6 | | conclusion of any judicial
review procedures shall be a debt | 7 | | due and owing the municipality or county and, as
such, may be | 8 | | collected in accordance with applicable law. Completion of any | 9 | | required traffic education program and payment in full
of any | 10 | | fine or penalty resulting from a standing, parking,
| 11 | | compliance, automated speed enforcement system, or automated | 12 | | traffic law violation shall
constitute a final disposition of | 13 | | that violation.
| 14 | | (f) After the expiration of the period within which | 15 | | judicial review may
be sought for a final determination of | 16 | | parking, standing, compliance, automated speed enforcement | 17 | | system, or automated traffic law
violation, the municipality
| 18 | | or county may commence a proceeding in the Circuit Court for | 19 | | purposes of obtaining a
judgment on the final determination of | 20 | | violation. Nothing in this
Section shall prevent a | 21 | | municipality or county from consolidating multiple final
| 22 | | determinations of parking, standing, compliance, automated | 23 | | speed enforcement system, or automated traffic law violations | 24 | | against a
person in a proceeding.
Upon commencement of the | 25 | | action, the municipality or county shall file a certified
copy | 26 | | or record of the final determination of parking, standing, |
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| 1 | | compliance, automated speed enforcement system, or automated | 2 | | traffic law
violation, which shall be
accompanied by a | 3 | | certification that recites facts sufficient to show that
the | 4 | | final determination of violation was
issued in accordance with | 5 | | this Section and the applicable municipal
or county ordinance. | 6 | | Service of the summons and a copy of the petition may be by
any | 7 | | method provided by Section 2-203 of the Code of Civil | 8 | | Procedure or by
certified mail, return receipt requested, | 9 | | provided that the total amount of
fines and penalties for | 10 | | final determinations of parking, standing,
compliance, | 11 | | automated speed enforcement system, or automated traffic law | 12 | | violations does not
exceed $2500. If the court is satisfied | 13 | | that the final determination of
parking, standing, compliance, | 14 | | automated speed enforcement system, or automated traffic law | 15 | | violation was entered in accordance with
the requirements of
| 16 | | this Section and the applicable municipal or county ordinance, | 17 | | and that the registered
owner or the lessee, as the case may | 18 | | be, had an opportunity for an
administrative hearing and for | 19 | | judicial review as provided in this Section,
the court shall | 20 | | render judgment in favor of the municipality or county and | 21 | | against
the registered owner or the lessee for the amount | 22 | | indicated in the final
determination of parking, standing, | 23 | | compliance, automated speed enforcement system, or automated | 24 | | traffic law violation, plus costs.
The judgment shall have
the | 25 | | same effect and may be enforced in the same manner as other | 26 | | judgments
for the recovery of money.
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| 1 | | (g) The fee for participating in a traffic education | 2 | | program under this Section shall not exceed $25. | 3 | | A low-income individual required to complete a traffic | 4 | | education program under this Section who provides proof of | 5 | | eligibility for the federal earned income tax credit under | 6 | | Section 32 of the Internal Revenue Code or the Illinois earned | 7 | | income tax credit under Section 212 of the Illinois Income Tax | 8 | | Act shall not be required to pay any fee for participating in a | 9 | | required traffic education program. | 10 | | (h) Notwithstanding any other provision of law to the | 11 | | contrary, a person shall not be liable for violations, fees, | 12 | | fines, or penalties under this Section during the period in | 13 | | which the motor vehicle was stolen or hijacked, as indicated | 14 | | in a report to the appropriate law enforcement agency filed in | 15 | | a timely manner. | 16 | | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | 17 | | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
| 18 | | (625 ILCS 5/11-208.6)
| 19 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 20 | | (a) As used in this Section, "automated traffic law | 21 | | enforcement
system" means a device with one or more motor | 22 | | vehicle sensors working
in conjunction with a red light signal | 23 | | to produce recorded images of
motor vehicles entering an | 24 | | intersection against a red signal
indication in violation of | 25 | | Section 11-306 of this Code or a similar provision
of a local |
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| 1 | | ordinance.
| 2 | | An
automated traffic law enforcement system is a system, | 3 | | in a municipality or
county operated by a
governmental agency, | 4 | | that
produces a recorded image of a motor vehicle's
violation | 5 | | of a provision of this Code or a local ordinance
and is | 6 | | designed to obtain a clear recorded image of the
vehicle and | 7 | | the vehicle's license plate. The recorded image must also
| 8 | | display the time, date, and location of the violation.
| 9 | | (b) As used in this Section, "recorded images" means | 10 | | images
recorded by an automated traffic law enforcement system | 11 | | on:
| 12 | | (1) 2 or more photographs;
| 13 | | (2) 2 or more microphotographs;
| 14 | | (3) 2 or more electronic images; or
| 15 | | (4) a video recording showing the motor vehicle and, | 16 | | on at
least one image or portion of the recording, clearly | 17 | | identifying the
registration plate or digital registration | 18 | | plate number of the motor vehicle.
| 19 | | (b-5) A municipality or
county that
produces a recorded | 20 | | image of a motor vehicle's
violation of a provision of this | 21 | | Code or a local ordinance must make the recorded images of a | 22 | | violation accessible to the alleged violator by providing the | 23 | | alleged violator with a website address, accessible through | 24 | | the Internet. | 25 | | (c) Except as provided under Section 11-208.8 of this | 26 | | Code, a county or municipality, including a home rule county |
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| 1 | | or municipality, may not use an automated traffic law | 2 | | enforcement system to provide recorded images of a motor | 3 | | vehicle for the purpose of recording its speed. Except as | 4 | | provided under Section 11-208.8 of this Code, the regulation | 5 | | of the use of automated traffic law enforcement systems to | 6 | | record vehicle speeds is an exclusive power and function of | 7 | | the State. This subsection (c) is a denial and limitation of | 8 | | home rule powers and functions under subsection (h) of Section | 9 | | 6 of Article VII of the Illinois Constitution.
| 10 | | (c-5) A county or municipality, including a home rule | 11 | | county or municipality, may not use an automated traffic law | 12 | | enforcement system to issue violations in instances where the | 13 | | motor vehicle comes to a complete stop and does not enter the | 14 | | intersection, as defined by Section 1-132 of this Code, during | 15 | | the cycle of the red signal indication unless one or more | 16 | | pedestrians or bicyclists are present, even if the motor | 17 | | vehicle stops at a point past a stop line or crosswalk where a | 18 | | driver is required to stop, as specified in subsection (c) of | 19 | | Section 11-306 of this Code or a similar provision of a local | 20 | | ordinance. | 21 | | (c-6) A county, or a municipality with less than 2,000,000 | 22 | | inhabitants, including a home rule county or municipality, may | 23 | | not use an automated traffic law enforcement system to issue | 24 | | violations in instances where a motorcyclist enters an | 25 | | intersection against a red signal
indication when the red | 26 | | signal fails to change to a green signal within a reasonable |
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| 1 | | period of time not less than 120 seconds because of a signal | 2 | | malfunction or because the signal has failed to detect the | 3 | | arrival of the motorcycle due to the motorcycle's size or | 4 | | weight. | 5 | | (d) For each violation of a provision of this Code or a | 6 | | local ordinance
recorded by an automatic
traffic law | 7 | | enforcement system, the county or municipality having
| 8 | | jurisdiction shall issue a written notice of the
violation to | 9 | | the registered owner of the vehicle as the alleged
violator. | 10 | | The notice shall be delivered to the registered
owner of the | 11 | | vehicle, by mail, within 30 days after the Secretary of State | 12 | | notifies the municipality or county of the identity of the | 13 | | owner of the vehicle, but in no event later than 90 days after | 14 | | the violation.
| 15 | | The notice shall include:
| 16 | | (1) the name and address of the registered owner of | 17 | | the
vehicle;
| 18 | | (2) the registration number of the motor vehicle
| 19 | | involved in the violation;
| 20 | | (3) the violation charged;
| 21 | | (4) the location where the violation occurred;
| 22 | | (5) the date and time of the violation;
| 23 | | (6) a copy of the recorded images;
| 24 | | (7) the amount of the civil penalty imposed and the | 25 | | requirements of any traffic education program imposed and | 26 | | the date
by which the civil penalty should be paid and the |
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| 1 | | traffic education program should be completed;
| 2 | | (8) a statement that recorded images are evidence of a
| 3 | | violation of a red light signal;
| 4 | | (9) a warning that failure to pay the civil penalty, | 5 | | to complete a required traffic education program, or to
| 6 | | contest liability in a timely manner is an admission of
| 7 | | liability;
| 8 | | (10) a statement that the person may elect to proceed | 9 | | by:
| 10 | | (A) paying the fine, completing a required traffic | 11 | | education program, or both; or
| 12 | | (B) challenging the charge in court, by mail, or | 13 | | by administrative hearing; and
| 14 | | (11) a website address, accessible through the | 15 | | Internet, where the person may view the recorded images of | 16 | | the violation. | 17 | | (e) (Blank).
| 18 | | (f) Based on inspection of recorded images produced by an
| 19 | | automated traffic law enforcement system, a notice alleging | 20 | | that the violation occurred shall be evidence of the facts | 21 | | contained
in the notice and admissible in any proceeding | 22 | | alleging a
violation under this Section.
| 23 | | (g) Recorded images made by an automatic traffic law
| 24 | | enforcement system are confidential and shall be made
| 25 | | available only to the alleged violator and governmental and
| 26 | | law enforcement agencies for purposes of adjudicating a
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| 1 | | violation of this Section, for statistical purposes, or for | 2 | | other governmental purposes. Any recorded image evidencing a
| 3 | | violation of this Section, however, may be admissible in
any | 4 | | proceeding resulting from the issuance of the citation.
| 5 | | (h) The court or hearing officer may consider in defense | 6 | | of a violation:
| 7 | | (1) that the motor vehicle or registration plates or | 8 | | digital registration plates of the motor
vehicle were | 9 | | stolen before the violation occurred and not
under the | 10 | | control of or in the possession of the owner or lessee at
| 11 | | the time of the violation;
| 12 | | (1.5) that the motor vehicle was hijacked before the | 13 | | violation occurred and not under the control of or in the | 14 | | possession of the owner or lessee at the time of the | 15 | | violation; | 16 | | (2) that the driver of the vehicle passed through the
| 17 | | intersection when the light was red either (i) in order to
| 18 | | yield the right-of-way to an emergency vehicle or (ii) as
| 19 | | part of a funeral procession; and
| 20 | | (3) any other evidence or issues provided by municipal | 21 | | or county ordinance.
| 22 | | (i) To demonstrate that the motor vehicle was hijacked or | 23 | | the motor vehicle or registration
plates or digital | 24 | | registration plates were stolen before the violation occurred | 25 | | and were not under the
control or possession of the owner or | 26 | | lessee at the time of the violation, the
owner or lessee must |
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| 1 | | submit proof that a report concerning the stolen
motor vehicle | 2 | | or registration plates was filed with a law enforcement agency | 3 | | in a timely manner.
| 4 | | (j) Unless the driver of the motor vehicle received a | 5 | | Uniform
Traffic Citation from a police officer at the time of | 6 | | the violation,
the motor vehicle owner is subject to a civil | 7 | | penalty not exceeding
$100 or the completion of a traffic | 8 | | education program, or both, plus an additional penalty of not | 9 | | more than $100 for failure to pay the original penalty or to | 10 | | complete a required traffic education program, or both, in a | 11 | | timely manner, if the motor vehicle is recorded by an | 12 | | automated traffic law
enforcement system. A violation for | 13 | | which a civil penalty is imposed
under this Section is not a | 14 | | violation of a traffic regulation governing
the movement of | 15 | | vehicles and may not be recorded on the driving record
of the | 16 | | owner of the vehicle.
| 17 | | (j-3) A registered owner who is a holder of a valid | 18 | | commercial driver's license is not required to complete a | 19 | | traffic education program. | 20 | | (j-5) For purposes of the required traffic education | 21 | | program only, a registered owner may submit an affidavit to | 22 | | the court or hearing officer swearing that at the time of the | 23 | | alleged violation, the vehicle was in the custody and control | 24 | | of another person. The affidavit must identify the person in | 25 | | custody and control of the vehicle, including the person's | 26 | | name and current address. The person in custody and control of |
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| 1 | | the vehicle at the time of the violation is required to | 2 | | complete the required traffic education program. If the person | 3 | | in custody and control of the vehicle at the time of the | 4 | | violation completes the required traffic education program, | 5 | | the registered owner of the vehicle is not required to | 6 | | complete a traffic education program. | 7 | | (k) An intersection equipped with an automated traffic law
| 8 | | enforcement system must be posted with a sign visible to | 9 | | approaching traffic
indicating that the intersection is being | 10 | | monitored by an automated
traffic law enforcement system. | 11 | | (k-3) A municipality or
county that has one or more | 12 | | intersections equipped with an automated traffic law
| 13 | | enforcement system must provide notice to drivers by posting | 14 | | the locations of automated traffic law systems on the | 15 | | municipality or county website.
| 16 | | (k-5) An intersection equipped with an automated traffic | 17 | | law
enforcement system must have a yellow change interval that | 18 | | conforms with the Illinois Manual on Uniform Traffic Control | 19 | | Devices (IMUTCD) published by the Illinois Department of | 20 | | Transportation. | 21 | | (k-7) A municipality or county operating an automated | 22 | | traffic law enforcement system shall conduct a statistical | 23 | | analysis to assess the safety impact of each automated traffic | 24 | | law enforcement system at an intersection following | 25 | | installation of the system. The statistical analysis shall be | 26 | | based upon the best available crash, traffic, and other data, |
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| 1 | | and shall cover a period of time before and after installation | 2 | | of the system sufficient to provide a statistically valid | 3 | | comparison of safety impact. The statistical analysis shall be | 4 | | consistent with professional judgment and acceptable industry | 5 | | practice. The statistical analysis also shall be consistent | 6 | | with the data required for valid comparisons of before and | 7 | | after conditions and shall be conducted within a reasonable | 8 | | period following the installation of the automated traffic law | 9 | | enforcement system. The statistical analysis required by this | 10 | | subsection (k-7) shall be made available to the public and | 11 | | shall be published on the website of the municipality or | 12 | | county. If the statistical analysis for the 36 month period | 13 | | following installation of the system indicates that there has | 14 | | been an increase in the rate of accidents at the approach to | 15 | | the intersection monitored by the system, the municipality or | 16 | | county shall undertake additional studies to determine the | 17 | | cause and severity of the accidents, and may take any action | 18 | | that it determines is necessary or appropriate to reduce the | 19 | | number or severity of the accidents at that intersection. | 20 | | (l) The compensation paid for an automated traffic law | 21 | | enforcement system
must be based on the value of the equipment | 22 | | or the services provided and may
not be based on the number of | 23 | | traffic citations issued or the revenue generated
by the | 24 | | system.
| 25 | | (m) This Section applies only to the counties of Cook, | 26 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and |
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| 1 | | to municipalities located within those counties.
| 2 | | (n) The fee for participating in a traffic education | 3 | | program under this Section shall not exceed $25. | 4 | | A low-income individual required to complete a traffic | 5 | | education program under this Section who provides proof of | 6 | | eligibility for the federal earned income tax credit under | 7 | | Section 32 of the Internal Revenue Code or the Illinois earned | 8 | | income tax credit under Section 212 of the Illinois Income Tax | 9 | | Act shall not be required to pay any fee for participating in a | 10 | | required traffic education program. | 11 | | (o) (Blank). | 12 | | (p) No person who is the lessor of a motor vehicle pursuant | 13 | | to a written lease agreement shall be liable for an automated | 14 | | speed or traffic law enforcement system violation involving | 15 | | such motor vehicle during the period of the lease; provided | 16 | | that upon the request of the appropriate authority received | 17 | | within 120 days after the violation occurred, the lessor | 18 | | provides within 60 days after such receipt the name and | 19 | | address of the lessee. | 20 | | Upon the provision of information by the lessor pursuant | 21 | | to this subsection, the county or municipality may issue the | 22 | | violation to the lessee of the vehicle in the same manner as it | 23 | | would issue a violation to a registered owner of a vehicle | 24 | | pursuant to this Section, and the lessee may be held liable for | 25 | | the violation. | 26 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .) |
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| 1 | | (625 ILCS 5/11-208.7) | 2 | | Sec. 11-208.7. Administrative fees and procedures for | 3 | | impounding vehicles for specified violations. | 4 | | (a) Any county or municipality may, consistent with this | 5 | | Section, provide by ordinance procedures for the release of | 6 | | properly impounded vehicles and for the imposition of a | 7 | | reasonable administrative fee related to its administrative | 8 | | and processing costs associated with the investigation, | 9 | | arrest, and detention of an offender, or the removal, | 10 | | impoundment, storage, and release of the vehicle. The | 11 | | administrative fee imposed by the county or municipality may | 12 | | be in addition to any fees
charged for the towing and storage | 13 | | of an impounded vehicle. The administrative fee shall be | 14 | | waived by the county or municipality upon verifiable proof | 15 | | that the vehicle was stolen or hijacked at the time the vehicle | 16 | | was impounded. | 17 | | (b) An ordinance establishing procedures for the release | 18 | | of properly impounded vehicles under this Section may impose | 19 | | fees only for the following violations: | 20 | | (1) operation or use of a motor vehicle in the | 21 | | commission of, or in the attempt to commit, an offense for | 22 | | which a motor vehicle may be seized and forfeited pursuant | 23 | | to Section 36-1 of the Criminal Code of 2012; or | 24 | | (2) driving under the influence of alcohol, another | 25 | | drug or drugs, an intoxicating compound or compounds, or |
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| 1 | | any combination thereof, in violation of Section 11-501 of | 2 | | this Code; or | 3 | | (3) operation or use of a motor vehicle in the | 4 | | commission of, or in the attempt to commit, a felony or in | 5 | | violation of the Cannabis Control Act; or | 6 | | (4) operation or use of a motor vehicle in the | 7 | | commission of, or in the attempt to commit, an offense in | 8 | | violation of the Illinois Controlled Substances Act; or | 9 | | (5) operation or use of a motor vehicle in the | 10 | | commission of, or in the attempt to commit, an offense in | 11 | | violation of Section 24-1, 24-1.5, or 24-3.1 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012; or | 13 | | (6) driving while a driver's license, permit, or | 14 | | privilege to operate a motor vehicle is suspended or | 15 | | revoked pursuant to Section 6-303 of this Code; except | 16 | | that vehicles shall not be subjected to seizure or | 17 | | impoundment if the suspension is for an unpaid citation | 18 | | (parking or moving) or due to failure to comply with | 19 | | emission testing; or | 20 | | (7) operation or use of a motor vehicle while | 21 | | soliciting, possessing, or attempting to solicit or | 22 | | possess cannabis or a controlled substance, as defined by | 23 | | the Cannabis Control Act or the Illinois Controlled | 24 | | Substances Act; or | 25 | | (8) operation or use of a motor vehicle with an | 26 | | expired driver's license, in violation of Section 6-101 of |
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| 1 | | this Code, if the period of expiration is greater than one | 2 | | year; or | 3 | | (9) operation or use of a motor vehicle without ever | 4 | | having been issued a driver's license or permit, in | 5 | | violation of Section 6-101 of this Code, or operating a | 6 | | motor vehicle without ever having been issued a driver's | 7 | | license or permit due to a person's age; or | 8 | | (10) operation or use of a motor vehicle by a person | 9 | | against whom a warrant has been issued by a circuit clerk | 10 | | in Illinois for failing to answer charges that the driver | 11 | | violated Section 6-101, 6-303, or 11-501 of this Code; or | 12 | | (11) operation or use of a motor vehicle in the | 13 | | commission of, or in the attempt to commit, an offense in | 14 | | violation of Article 16 or 16A of the Criminal Code of 1961 | 15 | | or the Criminal Code of 2012; or | 16 | | (12) operation or use of a motor vehicle in the | 17 | | commission of, or in the attempt to commit, any other
| 18 | | misdemeanor or felony offense in violation of the Criminal | 19 | | Code of 1961 or the Criminal Code of 2012, when so provided | 20 | | by
local ordinance; or | 21 | | (13) operation or use of a motor vehicle in violation | 22 | | of Section 11-503 of this Code: | 23 | | (A) while the vehicle is part of a funeral | 24 | | procession; or | 25 | | (B) in a manner that interferes with a funeral | 26 | | procession. |
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| 1 | | (c) The following shall apply to any fees imposed for | 2 | | administrative and processing costs pursuant to subsection | 3 | | (b): | 4 | | (1) All administrative fees and towing and storage | 5 | | charges shall be imposed on the registered owner of the | 6 | | motor vehicle or the agents of that owner. | 7 | | (1.5) No administrative fees shall be imposed on the | 8 | | registered owner or the agents of that owner if the motor | 9 | | vehicle was stolen or hijacked at the time the vehicle was | 10 | | impounded. To demonstrate that the motor vehicle was | 11 | | hijacked or stolen at the time the vehicle was impounded, | 12 | | the owner or the agents of the owner must submit proof that | 13 | | a report concerning the motor vehicle was filed with a law | 14 | | enforcement agency in a timely manner. | 15 | | (2) The fees shall be in addition to (i) any other | 16 | | penalties that may be assessed by a court of law for the | 17 | | underlying violations; and (ii) any towing or storage | 18 | | fees, or both, charged by the towing company. | 19 | | (3) The fees shall be uniform for all similarly | 20 | | situated vehicles. | 21 | | (4) The fees shall be collected by and paid to the | 22 | | county or municipality imposing the fees. | 23 | | (5) The towing or storage fees, or both, shall be | 24 | | collected by and paid to the person, firm, or entity that | 25 | | tows and stores the impounded vehicle. | 26 | | (d) Any ordinance establishing procedures for the release |
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| 1 | | of properly impounded vehicles under this Section shall | 2 | | provide for an opportunity for a hearing, as provided in | 3 | | subdivision (b)(4) of Section 11-208.3 of this Code, and for | 4 | | the release of the vehicle to the owner of record, lessee, or a | 5 | | lienholder of record upon payment of all administrative fees | 6 | | and towing and storage fees. | 7 | | (e) Any ordinance establishing procedures for the | 8 | | impoundment
and release of vehicles under this Section shall | 9 | | include the following provisions concerning notice of | 10 | | impoundment: | 11 | | (1) Whenever
a police officer has cause to believe | 12 | | that a motor vehicle is subject to impoundment, the | 13 | | officer
shall provide for the towing of the vehicle to a | 14 | | facility authorized by the county or municipality. | 15 | | (2) At the
time the vehicle is towed, the county or | 16 | | municipality shall notify or make a reasonable attempt to | 17 | | notify the
owner, lessee, or person identifying himself or | 18 | | herself as the owner or lessee of the vehicle, or any | 19 | | person
who is found to be in control of the vehicle at the | 20 | | time of the alleged offense, of the fact of the
seizure, | 21 | | and of the vehicle owner's or lessee's right to an | 22 | | administrative hearing. | 23 | | (3) The county or municipality shall
also provide | 24 | | notice that the motor vehicle will remain impounded | 25 | | pending the completion of an
administrative hearing, | 26 | | unless the owner or lessee of the vehicle or a lienholder |
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| 1 | | posts with the county or
municipality a bond equal to the | 2 | | administrative fee as provided by ordinance and pays for | 3 | | all
towing and storage charges. | 4 | | (f) Any ordinance establishing procedures for the | 5 | | impoundment and
release of vehicles under this Section shall | 6 | | include a provision providing that the
registered owner or | 7 | | lessee of the vehicle and any lienholder of record shall be | 8 | | provided with a
notice of hearing. The notice shall: | 9 | | (1) be served upon the owner, lessee, and any | 10 | | lienholder of record either by personal service or by | 11 | | first class mail to the interested party's address as | 12 | | registered with the Secretary of State; | 13 | | (2) be served upon interested parties within 10 days | 14 | | after a vehicle is impounded by the municipality; and | 15 | | (3) contain the date, time, and location of the | 16 | | administrative hearing. An
initial hearing shall be | 17 | | scheduled and convened no later than 45 days after the | 18 | | date of
the mailing of the notice of hearing. | 19 | | (g) In addition to the requirements contained in
| 20 | | subdivision (b)(4) of Section 11-208.3 of this Code relating | 21 | | to administrative hearings, any ordinance providing for the | 22 | | impoundment
and release of vehicles under this Section shall | 23 | | include the following requirements concerning administrative | 24 | | hearings: | 25 | | (1) administrative hearings shall be conducted by a | 26 | | hearing officer who is an attorney licensed to practice |
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| 1 | | law in this State for a minimum of 3 years; | 2 | | (1.5) the hearing officer shall consider as a defense | 3 | | to the vehicle impoundment that the motor vehicle was | 4 | | stolen or hijacked at the time the vehicle was impounded; | 5 | | to demonstrate that the motor vehicle was hijacked or | 6 | | stolen at the time the vehicle was impounded, the owner or | 7 | | the agents of the owner or a lessee must submit proof that | 8 | | a report concerning the motor vehicle was filed with a law | 9 | | enforcement agency in a timely manner; | 10 | | (2) at the conclusion of the administrative hearing, | 11 | | the hearing officer shall issue
a written decision either | 12 | | sustaining or overruling the vehicle impoundment; | 13 | | (3) if the basis for the vehicle
impoundment is | 14 | | sustained by the administrative hearing officer, any | 15 | | administrative fee posted to
secure the release of the | 16 | | vehicle shall be forfeited to the county or municipality; | 17 | | (4) all final decisions of the administrative hearing | 18 | | officer shall be subject to
review under the provisions of | 19 | | the Administrative Review Law, unless the county or | 20 | | municipality allows in the enabling ordinance for direct | 21 | | appeal to the circuit court having jurisdiction over the | 22 | | county or municipality; | 23 | | (5) unless the administrative hearing
officer | 24 | | overturns the basis for the vehicle impoundment, no | 25 | | vehicle shall be released to the owner, lessee, or | 26 | | lienholder of record until
all administrative fees and |
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| 1 | | towing and storage charges are paid; and | 2 | | (6) if the administrative hearing officer finds that a | 3 | | county or municipality that impounds a vehicle exceeded | 4 | | its authority under this Code, the county or municipality | 5 | | shall be liable to the registered owner or lessee of the | 6 | | vehicle for the cost of storage fees and reasonable | 7 | | attorney's fees ; and . | 8 | | (7) notwithstanding any other provision of law to the | 9 | | contrary, if the administrative hearing officer finds that | 10 | | a county or municipality impounded a motor vehicle that | 11 | | was stolen or hijacked at the time the vehicle was | 12 | | impounded, the county or municipality shall refund any | 13 | | administrative fees already paid by the registered owner | 14 | | or lessee of the vehicle. | 15 | | (h) Vehicles not retrieved from the towing facility or | 16 | | storage facility
within 35 days after the administrative | 17 | | hearing officer issues a written decision shall be deemed | 18 | | abandoned and disposed of in accordance with the provisions of | 19 | | Article II of Chapter
4 of this Code. | 20 | | (i) Unless stayed by a court of competent jurisdiction, | 21 | | any fine, penalty, or administrative fee imposed under this
| 22 | | Section which remains unpaid in whole or in part after the | 23 | | expiration of the deadline for seeking judicial
review under | 24 | | the Administrative Review Law may be enforced in the same | 25 | | manner as a judgment entered by a court of
competent | 26 | | jurisdiction.
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| 1 | | (j) The fee limits in subsection (b), the exceptions in | 2 | | paragraph (6) of subsection (b), and all of paragraph (6) of | 3 | | subsection (g) of this Section shall not apply to a home rule | 4 | | unit that tows a vehicle on a public way if a circumstance | 5 | | requires the towing of the vehicle or if the vehicle is towed | 6 | | due to a violation of a statute or local ordinance, and the | 7 | | home rule unit: | 8 | | (1) owns and operates a towing facility within its | 9 | | boundaries for the storage of towed vehicles; and | 10 | | (2) owns and operates tow trucks or enters into a | 11 | | contract with a third party vendor to operate tow trucks. | 12 | | (Source: P.A. 98-518, eff. 8-22-13; 98-734, eff. 1-1-15; | 13 | | 98-756, eff. 7-16-14; 99-848, eff. 8-19-16.) | 14 | | (625 ILCS 5/11-208.8) | 15 | | Sec. 11-208.8. Automated speed enforcement systems in | 16 | | safety zones. | 17 | | (a) As used in this Section: | 18 | | "Automated speed enforcement
system" means a photographic | 19 | | device, radar device, laser device, or other electrical or | 20 | | mechanical device or devices installed or utilized in a safety | 21 | | zone and designed to record the speed of a vehicle and obtain a | 22 | | clear photograph or other recorded image of the vehicle and | 23 | | the vehicle's registration plate or digital registration plate | 24 | | while the driver is violating Article VI of Chapter 11 of this | 25 | | Code or a similar provision of a local ordinance. |
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| 1 | | An automated speed enforcement system is a system, located | 2 | | in a safety zone which is under the jurisdiction of a | 3 | | municipality, that produces a recorded image of a motor | 4 | | vehicle's violation of a provision of this Code or a local | 5 | | ordinance and is designed to obtain a clear recorded image of | 6 | | the vehicle and the vehicle's license plate. The recorded | 7 | | image must also display the time, date, and location of the | 8 | | violation. | 9 | | "Owner" means the person or entity to whom the vehicle is | 10 | | registered. | 11 | | "Recorded image" means images
recorded by an automated | 12 | | speed enforcement system on: | 13 | | (1) 2 or more photographs; | 14 | | (2) 2 or more microphotographs; | 15 | | (3) 2 or more electronic images; or | 16 | | (4) a video recording showing the motor vehicle and, | 17 | | on at
least one image or portion of the recording, clearly | 18 | | identifying the
registration plate or digital registration | 19 | | plate number of the motor vehicle. | 20 | | "Safety zone" means an area that is within one-eighth of a | 21 | | mile from the nearest property line of any public or private | 22 | | elementary or secondary school, or from the nearest property | 23 | | line of any facility, area, or land owned by a school district | 24 | | that is used for educational purposes approved by the Illinois | 25 | | State Board of Education, not including school district | 26 | | headquarters or administrative buildings. A safety zone also |
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| 1 | | includes an area that is within one-eighth of a mile from the | 2 | | nearest property line of any facility, area, or land owned by a | 3 | | park district used for recreational purposes. However, if any | 4 | | portion of a roadway is within either one-eighth mile radius, | 5 | | the safety zone also shall include the roadway extended to the | 6 | | furthest portion of the next furthest intersection. The term | 7 | | "safety zone" does not include any portion of the roadway | 8 | | known as Lake Shore Drive or any controlled access highway | 9 | | with 8 or more lanes of traffic. | 10 | | (a-5) The automated speed enforcement system shall be | 11 | | operational and violations shall be recorded only at the | 12 | | following times: | 13 | | (i) if the safety zone is based upon the property line | 14 | | of any facility, area, or land owned by a school district, | 15 | | only on school days and no earlier than 6 a.m. and no later | 16 | | than 8:30 p.m. if the school day is during the period of | 17 | | Monday through Thursday, or 9 p.m. if the school day is a | 18 | | Friday; and | 19 | | (ii) if the safety zone is based upon the property | 20 | | line of any facility, area, or land owned by a park | 21 | | district, no earlier than one hour prior to the time that | 22 | | the facility, area, or land is open to the public or other | 23 | | patrons, and no later than one hour after the facility, | 24 | | area, or land is closed to the public or other patrons. | 25 | | (b) A municipality that
produces a recorded image of a | 26 | | motor vehicle's
violation of a provision of this Code or a |
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| 1 | | local ordinance must make the recorded images of a violation | 2 | | accessible to the alleged violator by providing the alleged | 3 | | violator with a website address, accessible through the | 4 | | Internet. | 5 | | (c) Notwithstanding any penalties for any other violations | 6 | | of this Code, the owner of a motor vehicle used in a traffic | 7 | | violation recorded by an automated speed enforcement system | 8 | | shall be subject to the following penalties: | 9 | | (1) if the recorded speed is no less than 6 miles per | 10 | | hour and no more than 10 miles per hour over the legal | 11 | | speed limit, a civil penalty not exceeding $50, plus an | 12 | | additional penalty of not more than $50 for failure to pay | 13 | | the original penalty in a timely manner; or | 14 | | (2) if the recorded speed is more than 10 miles per | 15 | | hour over the legal speed limit, a civil penalty not | 16 | | exceeding $100, plus an additional penalty of not more | 17 | | than $100 for failure to pay the original penalty in a | 18 | | timely manner. | 19 | | A penalty may not be imposed under this Section if the | 20 | | driver of the motor vehicle received a Uniform Traffic | 21 | | Citation from a police officer for a speeding violation | 22 | | occurring within one-eighth of a mile and 15 minutes of the | 23 | | violation that was recorded by the system. A violation for | 24 | | which a civil penalty is imposed
under this Section is not a | 25 | | violation of a traffic regulation governing
the movement of | 26 | | vehicles and may not be recorded on the driving record
of the |
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| 1 | | owner of the vehicle. A law enforcement officer is not | 2 | | required to be present or to witness the violation. No penalty | 3 | | may be imposed under this Section if the recorded speed of a | 4 | | vehicle is 5 miles per hour or less over the legal speed limit. | 5 | | The municipality may send, in the same manner that notices are | 6 | | sent under this Section, a speed violation warning notice | 7 | | where the violation involves a speed of 5 miles per hour or | 8 | | less above the legal speed limit. | 9 | | (d) The net proceeds that a municipality receives from | 10 | | civil penalties imposed under an automated speed enforcement | 11 | | system, after deducting all non-personnel and personnel costs | 12 | | associated with the operation and maintenance of such system, | 13 | | shall be expended or obligated by the municipality for the | 14 | | following purposes: | 15 | | (i) public safety initiatives to ensure safe passage | 16 | | around schools, and to provide police protection and | 17 | | surveillance around schools and parks, including but not | 18 | | limited to:
(1) personnel costs; and
(2) non-personnel | 19 | | costs such as construction and maintenance of public | 20 | | safety infrastructure and equipment; | 21 | | (ii) initiatives to improve pedestrian and traffic | 22 | | safety; | 23 | | (iii) construction and maintenance of infrastructure | 24 | | within the municipality, including but not limited to | 25 | | roads and bridges; and | 26 | | (iv) after school programs. |
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| 1 | | (e) For each violation of a provision of this Code or a | 2 | | local ordinance
recorded by an automated speed enforcement | 3 | | system, the municipality having
jurisdiction shall issue a | 4 | | written notice of the
violation to the registered owner of the | 5 | | vehicle as the alleged
violator. The notice shall be delivered | 6 | | to the registered
owner of the vehicle, by mail, within 30 days | 7 | | after the Secretary of State notifies the municipality of the | 8 | | identity of the owner of the vehicle, but in no event later | 9 | | than 90 days after the violation. | 10 | | (f) The notice required under subsection (e) of this | 11 | | Section shall include: | 12 | | (1) the name and address of the registered owner of | 13 | | the
vehicle; | 14 | | (2) the registration number of the motor vehicle
| 15 | | involved in the violation; | 16 | | (3) the violation charged; | 17 | | (4) the date, time, and location where the violation | 18 | | occurred; | 19 | | (5) a copy of the recorded image or images; | 20 | | (6) the amount of the civil penalty imposed and the | 21 | | date
by which the civil penalty should be paid; | 22 | | (7) a statement that recorded images are evidence of a
| 23 | | violation of a speed restriction; | 24 | | (8) a warning that failure to pay the civil penalty or | 25 | | to
contest liability in a timely manner is an admission of
| 26 | | liability; |
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| 1 | | (9) a statement that the person may elect to proceed | 2 | | by: | 3 | | (A) paying the fine; or | 4 | | (B) challenging the charge in court, by mail, or | 5 | | by administrative hearing; and | 6 | | (10) a website address, accessible through the
| 7 | | Internet, where the person may view the recorded images of | 8 | | the violation. | 9 | | (g) (Blank). | 10 | | (h) Based on inspection of recorded images produced by an
| 11 | | automated speed enforcement system, a notice alleging that the | 12 | | violation occurred shall be evidence of the facts contained
in | 13 | | the notice and admissible in any proceeding alleging a
| 14 | | violation under this Section. | 15 | | (i) Recorded images made by an automated speed
enforcement | 16 | | system are confidential and shall be made
available only to | 17 | | the alleged violator and governmental and
law enforcement | 18 | | agencies for purposes of adjudicating a
violation of this | 19 | | Section, for statistical purposes, or for other governmental | 20 | | purposes. Any recorded image evidencing a
violation of this | 21 | | Section, however, may be admissible in
any proceeding | 22 | | resulting from the issuance of the citation. | 23 | | (j) The court or hearing officer may consider in defense | 24 | | of a violation: | 25 | | (1) that the motor vehicle or registration plates or | 26 | | digital registration plates of the motor
vehicle were |
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| 1 | | stolen before the violation occurred and not
under the | 2 | | control or in the possession of the owner or lessee at
the | 3 | | time of the violation; | 4 | | (1.5) that the motor vehicle was hijacked before the | 5 | | violation occurred and not under the control of or in the | 6 | | possession of the owner or lessee at the time of the | 7 | | violation; | 8 | | (2) that the driver of the motor vehicle received a | 9 | | Uniform Traffic Citation from a police officer for a | 10 | | speeding violation occurring within one-eighth of a mile | 11 | | and 15 minutes of the violation that was recorded by the | 12 | | system; and | 13 | | (3) any other evidence or issues provided by municipal | 14 | | ordinance. | 15 | | (k) To demonstrate that the motor vehicle was hijacked or | 16 | | the motor vehicle or registration
plates or digital | 17 | | registration plates were stolen before the violation occurred | 18 | | and were not under the
control or possession of the owner or | 19 | | lessee at the time of the violation, the
owner or lessee must | 20 | | submit proof that a report concerning the stolen
motor vehicle | 21 | | or registration plates was filed with a law enforcement agency | 22 | | in a timely manner. | 23 | | (l) A roadway equipped with an automated speed enforcement | 24 | | system shall be posted with a sign conforming to the national | 25 | | Manual on Uniform Traffic Control Devices that is visible to | 26 | | approaching traffic stating that vehicle speeds are being |
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| 1 | | photo-enforced and indicating the speed limit. The | 2 | | municipality shall install such additional signage as it | 3 | | determines is necessary to give reasonable notice to drivers | 4 | | as to where automated speed enforcement systems are installed. | 5 | | (m) A roadway where a new automated speed enforcement | 6 | | system is installed shall be posted with signs providing 30 | 7 | | days notice of the use of a new automated speed enforcement | 8 | | system prior to the issuance of any citations through the | 9 | | automated speed enforcement system. | 10 | | (n) The compensation paid for an automated speed | 11 | | enforcement system
must be based on the value of the equipment | 12 | | or the services provided and may
not be based on the number of | 13 | | traffic citations issued or the revenue generated
by the | 14 | | system. | 15 | | (o) (Blank). | 16 | | (p) No person who is the lessor of a motor vehicle pursuant | 17 | | to a written lease agreement shall be liable for an automated | 18 | | speed or traffic law enforcement system violation involving | 19 | | such motor vehicle during the period of the lease; provided | 20 | | that upon the request of the appropriate authority received | 21 | | within 120 days after the violation occurred, the lessor | 22 | | provides within 60 days after such receipt the name and | 23 | | address of the lessee. The drivers license number of a lessee | 24 | | may be subsequently individually requested by the appropriate | 25 | | authority if needed for enforcement of this Section. | 26 | | Upon the provision of information by the lessor pursuant |
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| 1 | | to this subsection, the municipality may issue the violation | 2 | | to the lessee of the vehicle in the same manner as it would | 3 | | issue a violation to a registered owner of a vehicle pursuant | 4 | | to this Section, and the lessee may be held liable for the | 5 | | violation. | 6 | | (q) A municipality using an automated speed enforcement | 7 | | system must provide notice to drivers by publishing the | 8 | | locations of all safety zones where system equipment is | 9 | | installed on the website of the municipality. | 10 | | (r) A municipality operating an automated speed | 11 | | enforcement system shall conduct a statistical analysis to | 12 | | assess the safety impact of the system. The statistical | 13 | | analysis shall be based upon the best available crash, | 14 | | traffic, and other data, and shall cover a period of time | 15 | | before and after installation of the system sufficient to | 16 | | provide a statistically valid comparison of safety impact. The | 17 | | statistical analysis shall be consistent with professional | 18 | | judgment and acceptable industry practice. The statistical | 19 | | analysis also shall be consistent with the data required for | 20 | | valid comparisons of before and after conditions and shall be | 21 | | conducted within a reasonable period following the | 22 | | installation of the automated traffic law enforcement system. | 23 | | The statistical analysis required by this subsection shall be | 24 | | made available to the public and shall be published on the | 25 | | website of the municipality. | 26 | | (s) This Section applies only to municipalities with a |
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| 1 | | population of 1,000,000 or more inhabitants.
| 2 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .) | 3 | | (625 ILCS 5/11-208.9) | 4 | | Sec. 11-208.9. Automated traffic law enforcement system; | 5 | | approaching, overtaking, and passing a school bus. | 6 | | (a) As used in this Section, "automated traffic law | 7 | | enforcement
system" means a device with one or more motor | 8 | | vehicle sensors working
in conjunction with the visual signals | 9 | | on a school bus, as specified in Sections 12-803 and 12-805 of | 10 | | this Code, to produce recorded images of
motor vehicles that | 11 | | fail to stop before meeting or overtaking, from either | 12 | | direction, any school bus stopped at any location for the | 13 | | purpose of receiving or discharging pupils in violation of | 14 | | Section 11-1414 of this Code or a similar provision
of a local | 15 | | ordinance. | 16 | | An
automated traffic law enforcement system is a system, | 17 | | in a municipality or
county operated by a
governmental agency, | 18 | | that
produces a recorded image of a motor vehicle's
violation | 19 | | of a provision of this Code or a local ordinance
and is | 20 | | designed to obtain a clear recorded image of the
vehicle and | 21 | | the vehicle's license plate. The recorded image must also
| 22 | | display the time, date, and location of the violation. | 23 | | (b) As used in this Section, "recorded images" means | 24 | | images
recorded by an automated traffic law enforcement system | 25 | | on: |
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| 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, | 5 | | on at
least one image or portion of the recording, clearly | 6 | | identifying the
registration plate or digital registration | 7 | | plate number of the motor vehicle. | 8 | | (c) A municipality or
county that
produces a recorded | 9 | | image of a motor vehicle's
violation of a provision of this | 10 | | Code or a local ordinance must make the recorded images of a | 11 | | violation accessible to the alleged violator by providing the | 12 | | alleged violator with a website address, accessible through | 13 | | the Internet. | 14 | | (d) For each violation of a provision of this Code or a | 15 | | local ordinance
recorded by an automated
traffic law | 16 | | enforcement system, the county or municipality having
| 17 | | jurisdiction shall issue a written notice of the
violation to | 18 | | the registered owner of the vehicle as the alleged
violator. | 19 | | The notice shall be delivered to the registered
owner of the | 20 | | vehicle, by mail, within 30 days after the Secretary of State | 21 | | notifies the municipality or county of the identity of the | 22 | | owner of the vehicle, but in no event later than 90 days after | 23 | | the violation. | 24 | | (e) The notice required under subsection (d) shall | 25 | | include: | 26 | | (1) the name and address of the registered owner of |
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| 1 | | the
vehicle; | 2 | | (2) the registration number of the motor vehicle
| 3 | | involved in the violation; | 4 | | (3) the violation charged; | 5 | | (4) the location where the violation occurred; | 6 | | (5) the date and time of the violation; | 7 | | (6) a copy of the recorded images; | 8 | | (7) the amount of the civil penalty imposed and the | 9 | | date
by which the civil penalty should be paid; | 10 | | (8) a statement that recorded images are evidence of a
| 11 | | violation of overtaking or passing a school bus stopped | 12 | | for the purpose of receiving or discharging pupils; | 13 | | (9) a warning that failure to pay the civil penalty or | 14 | | to
contest liability in a timely manner is an admission of
| 15 | | liability; | 16 | | (10) a statement that the person may elect to proceed | 17 | | by: | 18 | | (A) paying the fine; or | 19 | | (B) challenging the charge in court, by mail, or | 20 | | by administrative hearing; and | 21 | | (11) a website address, accessible through the | 22 | | Internet, where the person may view the recorded images of | 23 | | the violation. | 24 | | (f) (Blank). | 25 | | (g) Based on inspection of recorded images produced by an
| 26 | | automated traffic law enforcement system, a notice alleging |
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| 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 | | (h) Recorded images made by an automated traffic law
| 5 | | enforcement system are confidential and shall be made
| 6 | | available only to the alleged violator and governmental and
| 7 | | law enforcement agencies for purposes of adjudicating a
| 8 | | violation of this Section, for statistical purposes, or for | 9 | | other 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 | | (i) The court or hearing officer may consider in defense | 13 | | of a violation: | 14 | | (1) that the motor vehicle or registration plates or | 15 | | digital registration plates of the motor
vehicle were | 16 | | stolen before the violation occurred and not
under the | 17 | | control of or in the possession of the owner or lessee at
| 18 | | the time of the violation; | 19 | | (1.5) that the motor vehicle was hijacked before the | 20 | | violation occurred and not under the control of or in the | 21 | | possession of the owner or lessee at the time of the | 22 | | violation; | 23 | | (2) that the driver of the motor vehicle received a | 24 | | Uniform Traffic Citation from a police officer for a | 25 | | violation of Section 11-1414 of this Code within | 26 | | one-eighth of a mile and 15 minutes of the violation that |
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| 1 | | was recorded by the system; | 2 | | (3) that the visual signals required by Sections | 3 | | 12-803 and 12-805 of this Code were damaged, not | 4 | | activated, not present in violation of Sections 12-803 and | 5 | | 12-805, or inoperable; and | 6 | | (4) any other evidence or issues provided by municipal | 7 | | or county ordinance. | 8 | | (j) To demonstrate that the motor vehicle was hijacked or | 9 | | the motor vehicle or registration
plates or digital | 10 | | registration plates were stolen before the violation occurred | 11 | | and were not under the
control or possession of the owner or | 12 | | lessee at the time of the violation, the
owner or lessee must | 13 | | submit proof that a report concerning the stolen
motor vehicle | 14 | | or registration plates was filed with a law enforcement agency | 15 | | in a timely manner. | 16 | | (k) Unless the driver of the motor vehicle received a | 17 | | Uniform
Traffic Citation from a police officer at the time of | 18 | | the violation,
the motor vehicle owner is subject to a civil | 19 | | penalty not exceeding
$150 for a first time violation or $500 | 20 | | for a second or subsequent violation, plus an additional | 21 | | penalty of not more than $100 for failure to pay the original | 22 | | penalty in a timely manner, if the motor vehicle is recorded by | 23 | | an automated traffic law
enforcement system. A violation for | 24 | | which a civil penalty is imposed
under this Section is not a | 25 | | violation of a traffic regulation governing
the movement of | 26 | | vehicles and may not be recorded on the driving record
of the |
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| 1 | | owner of the vehicle, but may be recorded by the municipality | 2 | | or county for the purpose of determining if a person is subject | 3 | | to the higher fine for a second or subsequent offense. | 4 | | (l) A school bus equipped with an automated traffic law
| 5 | | enforcement system must be posted with a sign indicating that | 6 | | the school bus is being monitored by an automated
traffic law | 7 | | enforcement system. | 8 | | (m) A municipality or
county that has one or more school | 9 | | buses equipped with an automated traffic law
enforcement | 10 | | system must provide notice to drivers by posting a list of | 11 | | school districts using school buses equipped with an automated | 12 | | traffic law enforcement system on the municipality or county | 13 | | website. School districts that have one or more school buses | 14 | | equipped with an automated traffic law enforcement system must | 15 | | provide notice to drivers by posting that information on their | 16 | | websites. | 17 | | (n) A municipality or county operating an automated | 18 | | traffic law enforcement system shall conduct a statistical | 19 | | analysis to assess the safety impact in each school district | 20 | | using school buses equipped with an automated traffic law | 21 | | enforcement system following installation of the system. The | 22 | | statistical analysis shall be based upon the best available | 23 | | crash, traffic, and other data, and shall cover a period of | 24 | | time before and after installation of the system sufficient to | 25 | | provide a statistically valid comparison of safety impact. The | 26 | | statistical analysis shall be consistent with professional |
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| 1 | | judgment and acceptable industry practice. The statistical | 2 | | analysis also shall be consistent with the data required for | 3 | | valid comparisons of before and after conditions and shall be | 4 | | conducted within a reasonable period following the | 5 | | installation of the automated traffic law enforcement system. | 6 | | The statistical analysis required by this subsection shall be | 7 | | made available to the public and shall be published on the | 8 | | website of the municipality or county. If the statistical | 9 | | analysis for the 36-month period following installation of the | 10 | | system indicates that there has been an increase in the rate of | 11 | | accidents at the approach to school buses monitored by the | 12 | | system, the municipality or county shall undertake additional | 13 | | studies to determine the cause and severity of the accidents, | 14 | | and may take any action that it determines is necessary or | 15 | | appropriate to reduce the number or severity of the accidents | 16 | | involving school buses equipped with an automated traffic law | 17 | | enforcement system. | 18 | | (o) The compensation paid for an automated traffic law | 19 | | enforcement system
must be based on the value of the equipment | 20 | | or the services provided and may
not be based on the number of | 21 | | traffic citations issued or the revenue generated
by the | 22 | | system. | 23 | | (p) No person who is the lessor of a motor vehicle pursuant | 24 | | to a written lease agreement shall be liable for an automated | 25 | | speed or traffic law enforcement system violation involving | 26 | | such motor vehicle during the period of the lease; provided |
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| 1 | | that upon the request of the appropriate authority received | 2 | | within 120 days after the violation occurred, the lessor | 3 | | provides within 60 days after such receipt the name and | 4 | | address of the lessee. | 5 | | Upon the provision of information by the lessor pursuant | 6 | | to this subsection, the county or municipality may issue the | 7 | | violation to the lessee of the vehicle in the same manner as it | 8 | | would issue a violation to a registered owner of a vehicle | 9 | | pursuant to this Section, and the lessee may be held liable for | 10 | | the violation. | 11 | | (q) (Blank). | 12 | | (r) After a municipality or county enacts an ordinance | 13 | | providing for automated traffic law enforcement systems under | 14 | | this Section, each school district within that municipality or | 15 | | county's jurisdiction may implement an automated traffic law | 16 | | enforcement system under this Section. The elected school | 17 | | board for that district must approve the implementation of an | 18 | | automated traffic law enforcement system. The school district | 19 | | shall be responsible for entering into a contract, approved by | 20 | | the elected school board of that district, with vendors for | 21 | | the installation, maintenance, and operation of the automated | 22 | | traffic law enforcement system. The school district must enter | 23 | | into an intergovernmental agreement, approved by the elected | 24 | | school board of that district, with the municipality or county | 25 | | with jurisdiction over that school district for the | 26 | | administration of the automated traffic law enforcement |
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| 1 | | system. The proceeds from a school district's automated | 2 | | traffic law enforcement system's fines shall be divided | 3 | | equally between the school district and the municipality or | 4 | | county administering the automated traffic law enforcement | 5 | | system.
| 6 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 .)
| 7 | | (625 ILCS 5/11-1201.1)
| 8 | | Sec. 11-1201.1. Automated railroad crossing enforcement | 9 | | system.
| 10 | | (a) For the purposes of this Section, an automated | 11 | | railroad grade crossing
enforcement system is a system in a | 12 | | municipality or county operated by a governmental agency that | 13 | | produces a recorded image of a motor vehicle's violation of a | 14 | | provision of this Code or local ordinance and is designed to | 15 | | obtain a clear recorded image of the vehicle and vehicle's | 16 | | license plate. The recorded image must also display the time, | 17 | | date, and location of the violation. | 18 | | As used in this Section, "recorded images" means images | 19 | | recorded by an automated railroad grade crossing enforcement | 20 | | system on: | 21 | | (1) 2 or more photographs; | 22 | | (2) 2 or more microphotographs; | 23 | | (3) 2 or more electronic images; or | 24 | | (4) a video recording showing the motor vehicle and, | 25 | | on at least one image or portion of the recording, clearly |
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| 1 | | identifying the registration plate or digital registration | 2 | | plate number of the motor vehicle.
| 3 | | (b) The Illinois
Commerce Commission may, in cooperation | 4 | | with a
local law enforcement agency, establish in any county | 5 | | or municipality an automated
railroad grade crossing | 6 | | enforcement system at any railroad grade crossing equipped | 7 | | with a crossing gate designated by local authorities. Local | 8 | | authorities desiring the establishment of an automated | 9 | | railroad crossing enforcement system must initiate the process | 10 | | by enacting a local ordinance requesting the creation of such | 11 | | a system. After the ordinance has been enacted, and before any | 12 | | additional steps toward the establishment of the system are | 13 | | undertaken, the local authorities and the Commission must | 14 | | agree to a plan for obtaining, from any combination of | 15 | | federal, State, and local funding sources, the moneys required | 16 | | for the purchase and installation of any necessary equipment.
| 17 | | (b-1) (Blank ) . )
| 18 | | (c) For each violation of Section 11-1201 of this Code or a | 19 | | local ordinance recorded by an automated railroad grade | 20 | | crossing enforcement system, the county or municipality having | 21 | | jurisdiction shall issue a written notice of the violation to | 22 | | the registered owner of the vehicle as the alleged violator. | 23 | | The notice shall be delivered to the registered owner of the | 24 | | vehicle, by mail, no later than 90 days after the violation. | 25 | | The notice shall include: | 26 | | (1) the name and address of the registered owner of |
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| 1 | | the vehicle; | 2 | | (2) the registration number of the motor vehicle | 3 | | involved in the violation; | 4 | | (3) the violation charged; | 5 | | (4) the location where the violation occurred; | 6 | | (5) the date and time of the violation; | 7 | | (6) a copy of the recorded images; | 8 | | (7) the amount of the civil penalty imposed and the | 9 | | date by which the civil penalty should be paid; | 10 | | (8) a statement that recorded images are evidence of a | 11 | | violation of a railroad grade crossing; | 12 | | (9) a warning that failure to pay the civil penalty or | 13 | | to contest liability in a timely manner is an admission of | 14 | | liability; and | 15 | | (10) a statement that the person may elect to proceed | 16 | | by: | 17 | | (A) paying the fine; or | 18 | | (B) challenging the charge in court, by mail, or | 19 | | by administrative hearing.
| 20 | | (d) (Blank).
| 21 | | (d-1) (Blank ) . )
| 22 | | (d-2) (Blank ) . )
| 23 | | (e) Based on inspection of recorded images produced by an | 24 | | automated railroad grade crossing enforcement system, a notice | 25 | | alleging that the violation occurred shall be evidence of the | 26 | | facts contained in the notice and admissible in any proceeding |
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| 1 | | alleging a violation under this Section.
| 2 | | (e-1) Recorded images made by an automated railroad grade | 3 | | crossing enforcement system are confidential and shall be made | 4 | | available only to the alleged violator and governmental and | 5 | | law enforcement agencies for purposes of adjudicating a | 6 | | violation of this Section, for statistical purposes, or for | 7 | | other governmental purposes. Any recorded image evidencing a | 8 | | violation of this Section, however, may be admissible in any | 9 | | proceeding resulting from the issuance of the citation.
| 10 | | (e-2) The court or hearing officer may consider the | 11 | | following in the defense of a violation:
| 12 | | (1) that the motor vehicle or registration plates or | 13 | | digital registration plates of the motor vehicle were | 14 | | stolen before the violation occurred and not under the | 15 | | control of or in the possession of the owner or lessee at | 16 | | the time of the violation;
| 17 | | (1.5) that the motor vehicle was hijacked before the | 18 | | violation occurred and not under the control of or in the | 19 | | possession of the owner or lessee at the time of the | 20 | | violation; | 21 | | (2) that the driver of the motor vehicle received a | 22 | | Uniform Traffic Citation from a police officer at the time | 23 | | of the violation for the same offense; | 24 | | (3) any other evidence or issues provided by municipal | 25 | | or county ordinance. | 26 | | (e-3) To demonstrate that the motor vehicle was hijacked |
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| 1 | | or the motor vehicle or registration plates or digital | 2 | | registration plates were stolen before the violation occurred | 3 | | and were not under the control or possession of the owner or | 4 | | lessee at the time of the violation, the owner or lessee must | 5 | | submit proof that a report concerning the stolen motor vehicle | 6 | | or registration plates was filed with a law enforcement agency | 7 | | in a timely manner.
| 8 | | (f) Rail crossings equipped with an automatic railroad | 9 | | grade crossing
enforcement system shall be posted with a sign | 10 | | visible to approaching traffic
stating that the railroad grade | 11 | | crossing is being monitored, that citations
will be issued, | 12 | | and the amount of the fine for violation.
| 13 | | (g) The compensation paid for an automated railroad grade | 14 | | crossing enforcement system must be based on the value of the | 15 | | equipment or the services provided and may not be based on the | 16 | | number of citations issued or the revenue generated by the | 17 | | system.
| 18 | | (h) (Blank ) . )
| 19 | | (i) If any part or parts of this Section are held by a | 20 | | court of competent
jurisdiction to be unconstitutional, the | 21 | | unconstitutionality shall not affect
the validity of the | 22 | | remaining parts of this Section. The General Assembly
hereby | 23 | | declares that it would have passed the remaining parts of this | 24 | | Section
if it had known that the other part or parts of this | 25 | | Section would be declared
unconstitutional.
| 26 | | (j) Penalty. A civil fine of
$250 shall be imposed for a |
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| 1 | | first violation of this Section, and a civil fine of $500 shall | 2 | | be
imposed for a second or subsequent violation of this | 3 | | Section.
| 4 | | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21 ; | 5 | | revised 11-24-21.)
| 6 | | Section 10. The Crime Victims Compensation Act is amended | 7 | | by changing Sections 2, 7.1, and 10.1 as follows:
| 8 | | (740 ILCS 45/2) (from Ch. 70, par. 72)
| 9 | | Sec. 2. Definitions. As used in this Act, unless the | 10 | | context
otherwise requires:
| 11 | | (a) "Applicant" means any person who applies for | 12 | | compensation under this
Act or any person the Court of Claims | 13 | | or the Attorney General finds is entitled to compensation,
| 14 | | including the guardian of a minor or of a person under legal | 15 | | disability. It
includes any person who was a dependent of a | 16 | | deceased victim of a crime of
violence for his or her support | 17 | | at the time of the death of that victim.
| 18 | | The changes made to this subsection by this amendatory Act | 19 | | of the 101st General Assembly apply to actions commenced or | 20 | | pending on or after January 1, 2022. | 21 | | (b) "Court of Claims" means the Court of Claims created by | 22 | | the Court
of Claims Act.
| 23 | | (c) "Crime of violence" means and includes any offense | 24 | | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, |
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| 1 | | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 2 | | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | 3 | | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, | 4 | | 12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, | 5 | | 12-14,
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, | 6 | | or Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | 7 | | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | 9 | | the Cemetery Protection Act, Section 125 of the Stalking No | 10 | | Contact Order Act, Section 219 of the Civil No Contact Order | 11 | | Act, driving under
the influence as defined in Section
11-501 | 12 | | of the Illinois Vehicle Code, a violation of Section 11-401 of | 13 | | the Illinois Vehicle Code, provided the victim was a | 14 | | pedestrian or was operating a vehicle moved solely by human | 15 | | power or a mobility device at the time of contact, and a | 16 | | violation of Section 11-204.1 of the Illinois Vehicle Code; so | 17 | | long as the offense did not occur
during a civil riot, | 18 | | insurrection or rebellion. "Crime of violence" does not
| 19 | | include any other offense or accident involving a motor | 20 | | vehicle except those
vehicle offenses specifically provided | 21 | | for in this paragraph. "Crime of
violence" does include all of | 22 | | the offenses specifically provided for in this
paragraph that | 23 | | occur within this State but are subject to federal | 24 | | jurisdiction
and crimes involving terrorism as defined in 18 | 25 | | U.S.C. 2331.
| 26 | | (d) "Victim" means (1) a person killed or injured in this |
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| 1 | | State as a
result of a crime of violence perpetrated or | 2 | | attempted against him or her,
(2) the
spouse, parent, or child | 3 | | of a person killed or injured in this State as a result of a | 4 | | crime of
violence perpetrated or attempted against the person, | 5 | | or anyone living in the household of a person killed or injured | 6 | | in a relationship that is substantially similar to that of a | 7 | | parent, spouse, or child, (3) a person killed
or injured in | 8 | | this State while attempting to assist a person against whom a
| 9 | | crime of violence is being perpetrated or attempted, if that | 10 | | attempt of
assistance would be expected of a reasonable person | 11 | | under the circumstances,
(4) a person killed or injured in | 12 | | this State while assisting a law
enforcement official | 13 | | apprehend a person who has perpetrated a crime of
violence or | 14 | | prevent the perpetration of any such crime if that
assistance | 15 | | was in response to the express request of the law enforcement
| 16 | | official, (5) a person who personally
witnessed a violent | 17 | | crime, (5.05) a person who will be called as a witness by the | 18 | | prosecution to establish a necessary nexus between the | 19 | | offender and the violent crime, (5.1) solely
for the purpose | 20 | | of compensating for pecuniary loss incurred for
psychological | 21 | | treatment of a mental or emotional condition caused or | 22 | | aggravated
by the crime, any other person under the age of 18 | 23 | | who is the brother, sister,
half brother, or half sister
of a | 24 | | person killed or injured in
this State as a
result of a crime | 25 | | of violence, (6) an Illinois resident
who is a victim of a | 26 | | "crime of violence" as defined in this Act except, if
the crime |
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| 1 | | occurred outside this State, the resident has the same rights
| 2 | | under this Act as if the crime had occurred in this State upon | 3 | | a showing
that the state, territory, country, or political | 4 | | subdivision of a country
in which the crime occurred does not | 5 | | have a compensation of victims of
crimes law for which that | 6 | | Illinois resident is eligible, (7) a deceased person whose | 7 | | body is dismembered or whose remains are desecrated as the | 8 | | result of a crime of violence, or (8) solely for the purpose of | 9 | | compensating for pecuniary loss incurred for psychological | 10 | | treatment of a mental or emotional condition caused or | 11 | | aggravated by the crime, any parent, spouse, or child under | 12 | | the age of 18 of a deceased person whose body is dismembered or | 13 | | whose remains are desecrated as the result of a crime of | 14 | | violence.
| 15 | | (e) "Dependent" means a relative of a deceased victim who | 16 | | was wholly or
partially dependent upon the victim's income at | 17 | | the time of his or her
death
and shall include the child of a | 18 | | victim born after his or her death.
| 19 | | (f) "Relative" means a spouse, parent, grandparent, | 20 | | stepfather, stepmother,
child, grandchild, brother, | 21 | | brother-in-law, sister, sister-in-law, half
brother, half | 22 | | sister, spouse's parent, nephew, niece, uncle, aunt, or anyone | 23 | | living in the household of a person killed or injured in a | 24 | | relationship that is substantially similar to that of a | 25 | | parent, spouse, or child.
| 26 | | (g) "Child" means a son or daughter and includes a |
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| 1 | | stepchild, an adopted child or a child born out of wedlock.
| 2 | | (h) "Pecuniary loss" means, in the case of injury, | 3 | | appropriate medical
expenses and hospital expenses including | 4 | | expenses of medical
examinations, rehabilitation, medically | 5 | | required
nursing care expenses, appropriate
psychiatric care | 6 | | or psychiatric counseling expenses, appropriate expenses for | 7 | | care or
counseling by a licensed clinical psychologist, | 8 | | licensed clinical social
worker, licensed professional | 9 | | counselor, or licensed clinical professional counselor and | 10 | | expenses for treatment by Christian Science practitioners and
| 11 | | nursing care appropriate thereto; transportation expenses to | 12 | | and from medical and counseling treatment facilities; | 13 | | prosthetic appliances, eyeglasses, and
hearing aids necessary | 14 | | or damaged as a result of the
crime; expenses incurred for the | 15 | | towing and storage of a victim's vehicle in connection with a | 16 | | crime of violence, to a maximum of $1,000; costs associated | 17 | | with trafficking tattoo removal by a person authorized or | 18 | | licensed to perform the specific removal procedure; | 19 | | replacement costs for clothing and bedding used as evidence; | 20 | | costs
associated with temporary lodging or relocation | 21 | | necessary as a
result of the crime, including, but not limited | 22 | | to, the first month's rent and security deposit of the | 23 | | dwelling that the claimant relocated to and other reasonable | 24 | | relocation expenses incurred as a result of the violent crime;
| 25 | | locks or windows necessary or damaged as a result of the crime; | 26 | | the purchase,
lease, or rental of equipment necessary to |
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| 1 | | create usability of and
accessibility to the victim's real and | 2 | | personal property, or the real and
personal property which is | 3 | | used by the victim, necessary as a result of the
crime; the | 4 | | costs of appropriate crime scene clean-up;
replacement
| 5 | | services loss, to a maximum of $1,250 per month;
dependents | 6 | | replacement
services loss, to a maximum of $1,250 per month; | 7 | | loss of tuition paid to
attend grammar school or high school | 8 | | when the victim had been enrolled as a
student prior to the | 9 | | injury, or college or graduate school when
the victim had been | 10 | | enrolled as a day or night student prior to
the injury when the | 11 | | victim becomes unable to continue attendance at school
as a | 12 | | result of the crime of violence perpetrated against him or | 13 | | her; loss
of
earnings, loss of future earnings because of | 14 | | disability resulting from the
injury, and, in addition, in the | 15 | | case of death, expenses for funeral, burial, and travel and | 16 | | transport for survivors
of homicide victims to secure bodies | 17 | | of deceased victims and to transport
bodies for burial all of | 18 | | which
may be awarded up to a maximum of $10,000 and loss of | 19 | | support of the dependents of
the victim; in the case of | 20 | | dismemberment or desecration of a body, expenses for funeral | 21 | | and burial, all of which may be awarded up to a maximum of | 22 | | $10,000.
Loss of future earnings shall be reduced by any | 23 | | income from substitute work
actually performed by the victim | 24 | | or by income he or she would have earned
in
available | 25 | | appropriate substitute work he or she was capable of | 26 | | performing
but
unreasonably failed to undertake. Loss of |
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| 1 | | earnings, loss of future
earnings and loss of support shall be | 2 | | determined on the basis of the
victim's average net monthly | 3 | | earnings for the 6 months immediately
preceding the date of | 4 | | the injury or on $2,400 per month, whichever is less or, in | 5 | | cases where the absences commenced more than 3 years from the | 6 | | date of the crime, on the basis of the net monthly earnings for | 7 | | the 6 months immediately preceding the date of the first | 8 | | absence, not to exceed $2,400 per month.
If a divorced or | 9 | | legally separated applicant is claiming loss of support
for a | 10 | | minor child of the deceased, the amount of support for each | 11 | | child
shall be based either on the amount of support
pursuant | 12 | | to the judgment prior to the date of the deceased
victim's | 13 | | injury or death, or, if the subject of pending litigation | 14 | | filed by
or on behalf of the divorced or legally separated | 15 | | applicant prior to the
injury or death, on the result of that | 16 | | litigation. Real and personal
property includes, but is not | 17 | | limited to, vehicles, houses, apartments,
town houses, or | 18 | | condominiums. Pecuniary loss does not
include pain and | 19 | | suffering or property loss or damage.
| 20 | | The changes made to this subsection by this amendatory Act | 21 | | of the 101st General Assembly apply to actions commenced or | 22 | | pending on or after January 1, 2022. | 23 | | (i) "Replacement services loss" means expenses reasonably | 24 | | incurred in
obtaining ordinary and necessary services in lieu | 25 | | of those the
injured person would have performed, not for | 26 | | income, but for the benefit
of himself or herself or his or her |
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| 1 | | family, if he or she had not
been injured.
| 2 | | (j) "Dependents replacement services loss" means loss | 3 | | reasonably incurred
by dependents or private legal guardians | 4 | | of minor dependents after a victim's death in obtaining | 5 | | ordinary and necessary
services in lieu of those the victim | 6 | | would have performed, not for income,
but for their benefit, | 7 | | if he or she had not been fatally injured.
| 8 | | (k) "Survivor" means immediate family including a parent, | 9 | | stepfather, stepmother, child,
brother, sister, or spouse.
| 10 | | (l) "Parent" means a natural parent, adopted parent, | 11 | | stepparent, or permanent legal guardian of another person. | 12 | | (m) "Trafficking tattoo" is a tattoo which is applied to a | 13 | | victim in connection with the commission of a violation of | 14 | | Section 10-9 of the Criminal Code of 2012. | 15 | | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | 16 | | 102-27, eff. 6-25-21.)
| 17 | | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| 18 | | Sec. 7.1. (a) The application shall set out:
| 19 | | (1) the name and address of the victim;
| 20 | | (2) if the victim is deceased, the name and address of | 21 | | the applicant
and his or her relationship to the victim, | 22 | | the names and addresses of other
persons dependent on the | 23 | | victim for their support and the extent to
which each is so | 24 | | dependent, and other persons who may be entitled to
| 25 | | compensation for a pecuniary loss;
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| 1 | | (3) the date and nature of the crime on which the | 2 | | application for
compensation is based;
| 3 | | (4) the date and place where and the law enforcement | 4 | | officials to
whom notification of the crime was given;
| 5 | | (5) the nature and extent of the injuries sustained by | 6 | | the victim,
and the names and addresses of those giving | 7 | | medical and hospitalization
treatment to the victim;
| 8 | | (6) the pecuniary loss to the applicant and to such | 9 | | other persons as
are specified under item (2) resulting | 10 | | from the injury or death;
| 11 | | (7) the amount of benefits, payments, or awards, if | 12 | | any, payable
under:
| 13 | | (a) the Workers' Compensation Act,
| 14 | | (b) the Dram Shop Act,
| 15 | | (c) any claim, demand, or cause of action based | 16 | | upon the
crime-related injury or death,
| 17 | | (d) the Federal Medicare program,
| 18 | | (e) the State Public Aid program,
| 19 | | (f) Social Security Administration burial | 20 | | benefits,
| 21 | | (g) Veterans administration burial benefits,
| 22 | | (h) life, health, accident , vehicle, towing, or | 23 | | liability insurance,
| 24 | | (i) the Criminal Victims' Escrow Account Act,
| 25 | | (j) the Sexual Assault Survivors Emergency | 26 | | Treatment Act, |
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| 1 | | (k) restitution, or | 2 | | (l) any other source;
| 3 | | (8) releases authorizing the surrender to the Court of | 4 | | Claims or
Attorney General of reports, documents and other | 5 | | information relating to
the matters specified under this | 6 | | Act and rules promulgated in accordance
with the Act;
| 7 | | (9) such other information as the Court of Claims or | 8 | | the Attorney
General reasonably requires.
| 9 | | (b) The Attorney General may require that materials | 10 | | substantiating
the facts stated in the application be | 11 | | submitted with that application.
| 12 | | (c) An applicant, on his or her own motion, may file an | 13 | | amended application
or additional substantiating materials to | 14 | | correct inadvertent errors or
omissions at any time before the | 15 | | original application has been disposed
of by the Court of | 16 | | Claims or the Attorney General. In either case, the filing of | 17 | | additional
information or of an amended application shall be | 18 | | considered for the
purpose of this Act to have been filed at | 19 | | the same time as the original
application.
| 20 | | For claims submitted on or after January 1, 2022, an | 21 | | amended application or additional substantiating materials to | 22 | | correct inadvertent errors or omissions may be filed at any | 23 | | time before the original application is disposed of by the | 24 | | Attorney General or the Court of Claims. | 25 | | (d) Determinations submitted by the Attorney General to | 26 | | the Court of Claims shall be available to the Court of Claims |
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| 1 | | for review. The Attorney General shall provide the sources and | 2 | | evidence relied upon as a basis for a compensation | 3 | | determination. | 4 | | (e) The changes made to this Section by this amendatory | 5 | | Act of the 101st General Assembly apply to actions commenced | 6 | | or pending on or after January 1, 2022. | 7 | | (Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
| 8 | | (740 ILCS 45/10.1) (from Ch. 70, par. 80.1)
| 9 | | Sec. 10.1. Amount of compensation. The amount of | 10 | | compensation to which
an applicant and other persons are | 11 | | entitled shall be based on the
following factors:
| 12 | | (a) A victim may be compensated for his or her pecuniary | 13 | | loss.
| 14 | | (b) A dependent may be compensated for loss of support.
| 15 | | (c) Any person, even though not dependent upon the victim | 16 | | for his or her
support, may be compensated for reasonable
| 17 | | expenses of the victim to the extent to which he or she has | 18 | | paid or become
obligated to pay such expenses and only after | 19 | | compensation for reasonable
funeral, medical and hospital | 20 | | expenses of the victim have been awarded may
compensation be | 21 | | made for reasonable expenses of the victim incurred for
| 22 | | psychological treatment of a mental or emotional condition | 23 | | caused or
aggravated by the crime.
| 24 | | (d) An award shall be reduced or denied according to the | 25 | | extent to which
the victim's injury or death was caused by |
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| 1 | | provocation or incitement by the victim or the victim | 2 | | assisting, attempting, or committing a criminal act. A denial | 3 | | or reduction shall not automatically bar the survivors of | 4 | | homicide victims from receiving compensation for counseling, | 5 | | crime scene cleanup, relocation, funeral or burial costs, and | 6 | | loss of support if the survivor's actions have not initiated, | 7 | | provoked, or aggravated the suspect into initiating the | 8 | | qualifying crime.
| 9 | | (e) An award shall be reduced by the amount of benefits, | 10 | | payments
or awards payable under those sources which are | 11 | | required to be listed
under item (7) of Section 7.1(a) and any | 12 | | other sources except annuities,
pension plans, Federal Social | 13 | | Security payments payable to dependents
of the victim and the | 14 | | net proceeds of the first $25,000 of life
insurance that would | 15 | | inure to the benefit of the applicant, which the
applicant or | 16 | | any other person dependent for the support of a deceased
| 17 | | victim, as the case may be, has received or to which he or she | 18 | | is entitled
as a result of injury to or death of the victim.
| 19 | | (f) A final award shall not exceed $10,000 for a crime | 20 | | committed prior to
September 22, 1979, $15,000 for a crime | 21 | | committed on or after September 22,
1979 and prior to January | 22 | | 1, 1986, $25,000 for a crime committed on or after
January 1, | 23 | | 1986 and prior to August 7, 1998, $27,000 for a crime committed | 24 | | on or after August
7, 1998 and prior to August 7, 2022, or | 25 | | $45,000 for a crime committed on or after August 7, 2022. If | 26 | | the total
pecuniary loss is greater than the maximum amount |
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| 1 | | allowed, the award shall be
divided in proportion to the | 2 | | amount of actual loss among those entitled to
compensation.
| 3 | | (g) Compensation under this Act is a secondary source of | 4 | | compensation
and the applicant must show that he or she has | 5 | | exhausted the benefits
reasonably available under the Criminal | 6 | | Victims' Escrow Account Act or any
governmental or medical or | 7 | | health insurance programs, including , but not
limited to , | 8 | | Workers' Compensation, the Federal Medicare program, the State
| 9 | | Public Aid program, Social Security Administration burial | 10 | | benefits, and
Veterans Administration burial benefits, and | 11 | | life, health, accident , full vehicle coverage (including | 12 | | towing insurance, if available), or
liability insurance.
| 13 | | (Source: P.A. 102-27, eff. 1-1-22 .)
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