Illinois General Assembly - Full Text of SB0635
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Full Text of SB0635  99th General Assembly



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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.6 as follows:
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system 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, on
5    at least one image or portion of the recording, clearly
6    identifying the registration plate number of the motor
7    vehicle.
8    (b-5) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through the
14    (c) Except as provided under Section 11-208.8 of this Code,
15a county or municipality, including a home rule county or
16municipality, may not use an automated traffic law enforcement
17system to provide recorded images of a motor vehicle for the
18purpose of recording its speed. Except as provided under
19Section 11-208.8 of this Code, the regulation of the use of
20automated traffic law enforcement systems to record vehicle
21speeds is an exclusive power and function of the State. This
22subsection (c) is a denial and limitation of home rule powers
23and functions under subsection (h) of Section 6 of Article VII
24of the Illinois Constitution.
25    (c-5) A county or municipality, including a home rule
26county or municipality, may not use an automated traffic law



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1enforcement system to issue violations in instances where the
2motor vehicle comes to a complete stop and does not enter the
3intersection, as defined by Section 1-132 of this Code, during
4the cycle of the red signal indication unless one or more
5pedestrians or bicyclists are present, even if the motor
6vehicle stops at a point past a stop line or crosswalk where a
7driver is required to stop, as specified in subsection (c) of
8Section 11-306 of this Code or a similar provision of a local
10    (c-6) A county, or a municipality with less than 2,000,000
11inhabitants, including a home rule county or municipality, may
12not use an automated traffic law enforcement system to issue
13violations in instances where a motorcyclist enters an
14intersection against a red signal indication when the red
15signal fails to change to a green signal within a reasonable
16period of time not less than 120 seconds because of a signal
17malfunction or because the signal has failed to detect the
18arrival of the motorcycle due to the motorcycle's size or
20    (d) For each violation of a provision of this Code or a
21local ordinance recorded by an automatic traffic law
22enforcement system, the county or municipality having
23jurisdiction shall issue a written notice of the violation to
24the registered owner of the vehicle as the alleged violator.
25The notice shall be delivered to the registered owner of the
26vehicle, by mail, within 30 days after the Secretary of State



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



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



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



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



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



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1after conditions and shall be conducted within a reasonable
2period following the installation of the automated traffic law
3enforcement system. The statistical analysis required by this
4subsection (k-7) shall be made available to the public and
5shall be published on the website of the municipality or
6county. If the statistical analysis for the 36 month period
7following installation of the system indicates that there has
8been an increase in the rate of accidents at the approach to
9the intersection monitored by the system, the municipality or
10county shall undertake additional studies to determine the
11cause and severity of the accidents, and may take any action
12that it determines is necessary or appropriate to reduce the
13number or severity of the accidents at that intersection.
14    (k-10) Thirty days after the effective date of this
15amendatory Act of the 99th General Assembly, the Department
16shall conduct a study evaluating automated traffic law
17enforcement systems in this State. On or before June 30, 2017,
18the Department shall file a report with the General Assembly
19which shall include input from local law enforcement on the
20overall operation, usage, permit process, and regulation of
21automated traffic law enforcement systems and any
22recommendations the Department deems necessary.
23    (l) The compensation paid for an automated traffic law
24enforcement system must be based on the value of the equipment
25or the services provided and may not be based on the number of
26traffic citations issued or the revenue generated by the



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2    (m) This Section applies only to the counties of Cook,
3DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
4to municipalities located within those counties.
5    (n) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14    (o) A municipality or county shall make a certified report
15to the Secretary of State pursuant to Section 6-306.5 of this
16Code whenever a registered owner of a vehicle has failed to pay
17any fine or penalty due and owing as a result of a combination
18of 5 offenses for automated traffic law or speed enforcement
19system violations.
20    (p) No person who is the lessor of a motor vehicle pursuant
21to a written lease agreement shall be liable for an automated
22speed or traffic law enforcement system violation involving
23such motor vehicle during the period of the lease; provided
24that upon the request of the appropriate authority received
25within 120 days after the violation occurred, the lessor
26provides within 60 days after such receipt the name and address



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1of the lessee. The drivers license number of a lessee may be
2subsequently individually requested by the appropriate
3authority if needed for enforcement of this Section.
4    Upon the provision of information by the lessor pursuant to
5this subsection, the county or municipality may issue the
6violation to the lessee of the vehicle in the same manner as it
7would issue a violation to a registered owner of a vehicle
8pursuant to this Section, and the lessee may be held liable for
9the violation.
10(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
11eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.