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Sen. John J. Cullerton
Filed: 5/16/2005
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| AMENDMENT TO HOUSE BILL 21
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| AMENDMENT NO. ______. Amend House Bill 21, AS AMENDED, by |
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| replacing the introductory clause of Section 5 with the |
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| following:
|
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| "Section 5. The Illinois Vehicle Code is amended by
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| changing Sections 6-306.5, 11-208, 11-208.3, and 11-306 and |
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| adding Sections
11-208.5 and 12-610.1 as
follows:
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| (625 ILCS 5/6-306.5)
(from Ch. 95 1/2, par. 6-306.5)
|
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, |
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| parking, or
compliance , or automated traffic law violations; |
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| suspension of
driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by |
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| subsection (c) of
this Section, from
any municipality stating |
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| that the owner of a registered vehicle has : (1)
failed
to pay |
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| any fine or penalty due and owing as a result of 10 or more |
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| violations
of a
municipality's vehicular standing, parking, or |
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| compliance
regulations established by
ordinance pursuant to |
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| Section 11-208.3 of this Code, or (2) failed to pay any
fine or |
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| penalty due and owing as a result of 5 offenses for automated |
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| traffic
violations as defined in
Section 11-208.5, the
|
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| Secretary of State
shall suspend the driving privileges of such |
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| person in accordance with the
procedures set forth in this |
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| Section.
The Secretary shall also suspend the driving |
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| privileges of an owner of a
registered vehicle upon receipt of |
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| a certified report, as prescribed by
subsection (f) of this |
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| Section, from any municipality stating that such
person has |
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| failed to satisfy any fines or penalties imposed by final |
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| judgments
for 5 or more automated traffic law violations or 10 |
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| or more violations of
local standing, parking, or
compliance |
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| regulations after
exhaustion of judicial review procedures.
|
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| (b) Following receipt of the certified report of the |
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| municipality as
specified in this Section, the Secretary of |
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| State shall notify the person
whose name appears on the |
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| certified report that
the person's
drivers license will be |
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| suspended at the end of a specified period of time
unless the |
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| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing |
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| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The |
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| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the |
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| Secretary, and
shall be effective as specified by subsection |
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| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official |
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| notifying the
Secretary of State of unpaid fines or penalties |
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| pursuant to this Section
shall be certified and shall contain |
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| the following:
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| (1) The name, last known address and drivers license |
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| number of the
person who failed to pay the fine or
penalty |
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| and the registration number of any vehicle known to be |
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| registered
to such person in this State.
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| (2) The name of the municipality making the report |
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| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of |
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| impending
drivers license suspension as prescribed by |
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| ordinance enacted
pursuant to Section 11-208.3, to the |
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| person named in the report at the
address recorded with the |
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| Secretary of State; the date on which such
notice was sent; |
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| and the address to which such notice was sent.
In a |
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| municipality with a population of 1,000,000 or more, the |
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| report shall
also include a statement that the alleged |
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| violator's State vehicle registration
number and vehicle |
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| make are correct as they appear on the citations.
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| (d) Any municipality making a certified report to the |
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| Secretary of State
pursuant to this Section
shall notify the |
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| Secretary of State, in a form prescribed by the
Secretary, |
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| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the |
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| municipality determines
that the original report was in error. |
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| A certified copy of such
notification shall also be given upon |
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| request and at no additional charge
to the person named |
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| therein. Upon receipt of the municipality's
notification or |
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| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the |
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| Secretary of State
pursuant to this Section
shall also by |
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| ordinance establish procedures for persons to
challenge the |
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| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to |
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| (1) the
person not having been the owner or lessee of the |
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| vehicle or vehicles
receiving 10 or more standing, parking, or |
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| compliance
violation notices or 5 or more automated traffic law |
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| violation notices on
the
date or dates such notices were |
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| issued; and (2) the
person
having already paid the fine or |
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| penalty for the 10 or more standing, parking,
or compliance
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| violations or 5 or more automated traffic law violations
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| indicated on the certified report.
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| (f) Any municipality, other than a municipality |
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| establishing vehicular
standing, parking, and compliance |
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| regulations
pursuant to
Section 11-208.3 or automated traffic |
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| law regulations under Section
11-208.5 , may also
cause a |
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| suspension of a person's drivers license pursuant to this |
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| Section.
Such municipality may invoke this sanction by making a |
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| certified report to
the Secretary of State upon a person's |
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| failure to satisfy any fine or
penalty imposed by final |
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| judgment for 10 or more violations of local
standing, parking, |
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| or compliance regulations or 5 or more
automated traffic law |
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| violations after exhaustion
of judicial review
procedures, but |
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| only if:
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| (1) the municipality complies with the provisions of |
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| this Section in all
respects except in regard to enacting |
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| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance |
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| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 |
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| or more, the
municipality
has verified that the alleged |
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| violator's State vehicle registration number and
vehicle |
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| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality |
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| establishing
standing, parking, and compliance regulations
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| pursuant to
Section 11-208.3 or automated traffic law |
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| regulations under Section
11-208.5 , may provide by
ordinance |
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| for the sending of a notice of impending
drivers license |
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| suspension to the person who has failed to satisfy any fine
or |
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| penalty imposed by final judgment for 10 or more violations of |
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| local
standing, parking, or compliance regulations or 5 or more
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| automated traffic law violations after exhaustion
of judicial |
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| review
procedures. An ordinance so providing shall specify that |
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| the notice
sent to the person liable for any fine or penalty
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| shall state that failure to pay the fine or
penalty owing |
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| within 45 days of the notice's date will result in the
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| municipality notifying the Secretary of State that
the person's |
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| drivers license is eligible for suspension pursuant to this
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| Section.
The notice of impending drivers license suspension
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| shall be sent by first class United States mail, postage |
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| prepaid, to the
address
recorded with the Secretary of State.
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| (h) An administrative hearing to contest an impending |
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| suspension or a
suspension made pursuant to this Section may be |
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| had upon filing a written
request with the Secretary of State. |
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| The filing fee for this hearing shall
be $20, to be paid at the |
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| time the request is made.
A municipality which files a |
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| certified report with the Secretary of
State pursuant to this |
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| Section shall reimburse the Secretary for all
reasonable costs |
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| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the |
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| notice
required pursuant to subsection (b) and the costs |
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| incurred by the Secretary
in any hearing conducted with respect |
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| to the report pursuant to this
subsection and any appeal from |
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| such a hearing.
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| (i) The provisions of this Section shall apply on and |
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| after January 1, 1988.
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| (j) For purposes of this Section, the term "compliance |
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| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481, |
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| eff.
8-17-97.)
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| (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to |
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| prevent
local authorities with respect to streets and highways |
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| under their
jurisdiction and within the reasonable exercise of |
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| the police power from:
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| 1. Regulating the standing or parking of vehicles, |
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| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or |
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| traffic control
signals;
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| 3. Regulating or prohibiting processions or |
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| assemblages on the highways;
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| 4. Designating particular highways as one-way |
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| highways and requiring that
all vehicles thereon be moved |
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| in one specific direction;
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| 5. Regulating the speed of vehicles in public parks |
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| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as |
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| authorized in Section
11-302, and requiring that all |
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| vehicles stop before entering or crossing
the same or |
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| designating any intersection as a stop intersection or a |
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| yield
right-of-way intersection and requiring all vehicles |
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| to stop or yield the
right-of-way at one or more entrances |
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| to such intersections;
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| 7. Restricting the use of highways as authorized in |
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| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring |
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| the
registration and licensing of same, including the |
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| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles |
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| or specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in |
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| Section 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than |
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| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal |
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| operation;
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| 14. Imposing fines in accordance with Section |
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| 11-1301.3 as penalties
for use of any parking place |
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| reserved for persons with disabilities, as defined
by |
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| Section 1-159.1, or disabled veterans by any person using a |
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| motor
vehicle not bearing registration plates specified in |
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| Section 11-1301.1
or a special decal or device as defined |
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| in Section 11-1301.2
as evidence that the vehicle is |
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| operated by or for a person
with disabilities or disabled |
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| veteran;
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| 15. Adopting such other traffic regulations as are |
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| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of |
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| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections |
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| 1, 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be |
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| effective until signs giving
reasonable notice of such local |
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| traffic regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants |
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| from
prohibiting any person from driving or operating any motor |
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| vehicle upon
the roadways of such municipality with headlamps |
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| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to |
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| prevent local
authorities within the reasonable exercise of |
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| their police power from
prohibiting, on private property, the |
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| unauthorized use of parking spaces
reserved for persons with |
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| disabilities.
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| (e) No unit of local government, including a home rule |
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| unit, may enact or
enforce an ordinance that applies only to |
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| motorcycles if the principal purpose
for that ordinance is to |
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| restrict the access of motorcycles to any highway or
portion of |
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| a highway for which federal or State funds have been used for |
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| the
planning, design, construction, or maintenance of that |
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| highway. No unit of
local government, including a home rule |
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| unit, may enact an ordinance requiring
motorcycle users to wear |
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| protective headgear. Nothing in this subsection
(e) shall |
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| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with |
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| Section 12-602
of this Code. No unit of local government, |
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| including a home rule unit, may
regulate motorcycles in a |
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| manner inconsistent with this Code. This subsection
(e) is a |
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| limitation under subsection (i) of Section 6 of Article VII of |
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| the
Illinois Constitution on the concurrent exercise by home |
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| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county may enact an ordinance |
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| providing for an
automated traffic law enforcement system to |
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| enforce violations of Section 11-306 of this Code or
a similar |
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| provision of a local ordinance.
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| (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97; |
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| 90-655, eff.
7-30-98; 91-519, eff. 1-1-00.)
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| (625 ILCS 5/11-208.3)
(from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations |
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| of traffic
regulations concerning the standing, parking, or |
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| condition of
vehicles and automated traffic law violations .
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| (a) Any municipality may provide by ordinance for a system |
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| of
administrative adjudication of vehicular standing and |
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| parking violations and
vehicle compliance violations as |
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| defined in this subsection , and automated
traffic law |
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| violations as defined in Section 11-208.5 .
The administrative |
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| system shall have as its purpose the fair and
efficient |
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| enforcement of municipal regulations through the
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| administrative adjudication of automated traffic law |
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| violations and
violations
of municipal ordinances
regulating |
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| the standing and parking of vehicles, the condition and use of
|
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| vehicle equipment, and the display of municipal wheel tax |
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| licenses within the
municipality's
borders. The administrative |
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| system shall only have authority to adjudicate
civil offenses |
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| carrying fines not in excess of $250 that occur after the
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| effective date of the ordinance adopting such a system under |
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| this Section.
For purposes of this Section, "compliance |
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| violation" means a violation of a
municipal regulation |
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| governing the condition or use of equipment on a vehicle
or |
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| governing the display of a municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative |
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| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
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| adopt, distribute and
process parking ,
and compliance , and |
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| automated traffic law
violation
notices and other notices |
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| required
by this
Section, collect money paid as fines and |
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| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations , and
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| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report |
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| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, or compliance , or automated |
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| traffic law
violation notice
that
shall specify the date,
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| time, and place of violation of a parking, standing, or
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| compliance , or
automated traffic law
regulation; the |
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| particular regulation
violated; the fine and any penalty |
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| that may be assessed for late payment,
when so provided by |
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| ordinance; the vehicle make and state registration
number; |
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| and the identification number of the
person issuing the |
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| notice.
With regard to municipalities with a population of |
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| 1 million or more, it
shall be grounds for
dismissal of a |
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| parking
violation if the State registration number or |
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| vehicle make specified is
incorrect. The violation notice |
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| shall state that the payment of the indicated
fine, and of |
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| any applicable penalty for late payment, shall operate as a
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| final disposition of the violation. The notice also shall |
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| contain
information as to the availability of a hearing in |
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| which the violation may
be contested on its merits. The |
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| violation notice shall specify the
time and manner in which |
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| a hearing may be had.
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| (3) Service of the parking, standing, or compliance
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| violation notice by affixing the
original or a facsimile of |
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| the notice to an unlawfully parked vehicle or by
handing |
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| the notice to the operator of a vehicle if he or she is
|
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| present
and service of an automated traffic law violation |
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| notice by mail to the
address
of the registered owner of |
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| the cited vehicle as recorded with the Secretary of
State |
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| within 30 days after the violation .
A person authorized by |
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| ordinance to issue and serve parking,
standing, and
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| compliance , or automated traffic law
violation notices |
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| shall certify as to the correctness of the facts entered
on |
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| the violation notice by signing his or her name to the |
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| notice at
the time of service or in the case of a notice |
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| produced by a computerized
device, by signing a single |
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| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices |
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| produced by the
device while it was under his or her |
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| control.
In the case of an automated traffic law violation, |
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| the ordinance shall
require
a
signed statement by a |
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| technician employed by the municipality or county that,
|
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| based on inspection of recorded images, the motor vehicle |
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| was being operated in
violation of Section 11-208.5.
If the |
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| technician determines that the
vehicle entered the |
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| intersection as part of a funeral procession or in order to
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| yield the right-of-way to an emergency vehicle, a citation |
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| may not be issued.
The original or a
facsimile of the |
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| violation notice or, in the case of a notice produced by a
|
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| computerized device, a printed record generated by the |
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| device showing the facts
entered on the notice, shall be |
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| retained by the
traffic compliance
administrator, and |
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| shall be a record kept in the ordinary course of
business. |
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| A parking, standing, or
compliance , or automated traffic |
26 |
| law
violation notice issued,
signed and served in
|
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| accordance with this Section, a copy of the notice, or the |
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| computer
generated record shall be prima facie
correct and |
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| shall be prima facie evidence of the correctness of the |
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| facts
shown on the notice. The notice, copy, or computer |
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| generated
record shall be admissible in any
subsequent |
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| administrative or legal proceedings.
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| (4) An opportunity for a hearing for the registered |
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| owner of the
vehicle cited in the parking, standing, or
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| compliance , or automated
traffic law violation notice in
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| which the owner may
contest the merits of the alleged |
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| violation, and during which formal or
technical rules of |
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| evidence shall not apply; provided, however, that under
|
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| Section 11-1306 of this Code the lessee of a vehicle cited |
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| in the
violation notice likewise shall be provided an |
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| opportunity for a hearing of
the same kind afforded the |
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| registered owner. The hearings shall be
recorded, and the |
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| person conducting the hearing on behalf of the traffic
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| compliance
administrator shall be empowered to administer |
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| oaths and to secure by
subpoena both the attendance and |
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| testimony of witnesses and the production
of relevant books |
13 |
| and papers. Persons appearing at a hearing under this
|
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| Section may be represented by counsel at their expense. The |
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| ordinance may
also provide for internal administrative |
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| review following the decision of
the hearing officer.
|
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| (5) Service of additional notices, sent by first |
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| class United States
mail, postage prepaid, to the address |
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| of the registered owner of the cited
vehicle as recorded |
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| with the Secretary of State or, under Section 11-1306
of |
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| this Code, to the lessee of the cited vehicle at the last |
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| address known
to the lessor of the cited vehicle at the |
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| time of lease.
The service shall
be deemed complete as of |
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| the date of deposit in the United States mail.
The notices |
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| shall be in the following sequence and shall include but |
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| not be
limited to the information specified herein:
|
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| (i) A second notice of violation. This notice |
28 |
| shall specify the
date and location of the violation |
29 |
| cited in the parking,
standing,
or compliance , or |
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| automated traffic law violation
notice, the particular |
31 |
| regulation violated, the vehicle
make and state |
32 |
| registration number, the fine and any penalty that may |
33 |
| be
assessed for late payment when so provided by |
34 |
| ordinance, the availability
of a hearing in which the |
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| violation may be contested on its merits, and the
time |
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| and manner in which the hearing may be had. The notice |
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| of violation
shall also state that failure either to |
4 |
| pay the indicated fine and any
applicable penalty, or |
5 |
| to 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, upon |
9 |
| the occurrence of a final determination of violation
|
10 |
| liability for the failure, and the exhaustion of, or
|
11 |
| failure to exhaust, available administrative or |
12 |
| judicial procedures for
review, any unpaid fine or |
13 |
| penalty will constitute a debt due and owing
the |
14 |
| municipality.
|
15 |
| (ii) A notice of final determination of parking, |
16 |
| standing, or
compliance , or automated traffic law
|
17 |
| violation liability.
This notice shall be sent |
18 |
| following a final determination of parking,
standing, |
19 |
| or compliance , or automated traffic law
violation |
20 |
| liability and the conclusion of judicial review |
21 |
| procedures taken
under this Section. The notice shall |
22 |
| state that the unpaid fine or
penalty is a debt due and |
23 |
| owing the municipality. The notice shall contain
|
24 |
| warnings that failure to pay any fine or penalty due |
25 |
| and owing the
municipality within the time specified |
26 |
| may result in the municipality's
filing of a petition |
27 |
| in the Circuit Court to have the unpaid
fine or penalty |
28 |
| rendered a judgment as provided by this Section, or may
|
29 |
| result in suspension of the person's drivers license |
30 |
| for failure to pay
fines or penalties for 10 or more |
31 |
| parking violations
under Section 6-306.5 or 5 more |
32 |
| automated traffic law violations under
Section |
33 |
| 11-208.5 .
|
34 |
| (6) A Notice of impending drivers license suspension. |
|
|
|
09400HB0021sam004 |
- 13 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| This
notice shall be sent to the person liable for any fine |
2 |
| or penalty that
remains due and owing on 10 or more parking
|
3 |
| violations or 5 or more unpaid automated traffic law |
4 |
| violations . The
notice
shall state that failure to pay the |
5 |
| fine or penalty owing within 45 days of
the notice's date |
6 |
| will result in the municipality notifying the Secretary
of |
7 |
| State that the person is eligible for initiation of |
8 |
| suspension
proceedings under Section 6-306.5 of this Code. |
9 |
| The notice shall also state
that the person may obtain a |
10 |
| photostatic copy of an original ticket imposing a
fine or |
11 |
| penalty by sending a self addressed, stamped envelope to |
12 |
| the
municipality along with a request for the photostatic |
13 |
| copy.
The notice of impending
drivers license suspension |
14 |
| shall be sent by first class United States mail,
postage |
15 |
| prepaid, to the address recorded with the Secretary of |
16 |
| State.
|
17 |
| (7) Final determinations of violation liability. A |
18 |
| final
determination of violation liability shall occur |
19 |
| following failure
to pay the fine or penalty after a |
20 |
| hearing officer's determination of violation
liability and |
21 |
| the exhaustion of or failure to exhaust any
administrative |
22 |
| review procedures provided by ordinance. Where a person
|
23 |
| fails to appear at a hearing to contest the alleged |
24 |
| violation in the time
and manner specified in a prior |
25 |
| mailed notice, the hearing officer's
determination of |
26 |
| violation liability shall become final: (A) upon
denial |
27 |
| of a timely petition to set aside that determination, or |
28 |
| (B) upon
expiration of the period for filing the petition |
29 |
| without a
filing having been made.
|
30 |
| (8) A petition to set aside a determination of |
31 |
| parking, standing, or
compliance , or automated traffic law
|
32 |
| violation
liability that may be filed by a person owing an |
33 |
| unpaid fine or penalty.
The petition shall be filed with |
34 |
| and ruled upon by the traffic compliance
administrator in |
|
|
|
09400HB0021sam004 |
- 14 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| the 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 paid the fine or
penalty for the violation |
6 |
| in question, and (C) excusable failure to
appear at or
|
7 |
| request a new date for a hearing.
With regard to |
8 |
| municipalities with a population of 1 million or more, it
|
9 |
| shall be grounds for
dismissal of a
parking violation if |
10 |
| the State registration number or vehicle make specified is
|
11 |
| incorrect. After the determination of
parking, standing, |
12 |
| or compliance , or automated traffic law violation
|
13 |
| liability has been set aside
upon a showing of just
cause, |
14 |
| the registered owner shall be provided with a hearing on |
15 |
| the merits
for that violation.
|
16 |
| (9) Procedures for non-residents. Procedures by which |
17 |
| persons who are
not residents of the municipality may |
18 |
| contest the merits of the alleged
violation without |
19 |
| attending a hearing.
|
20 |
| (10) A schedule of civil fines for violations of |
21 |
| vehicular standing,
parking, and compliance , and automated |
22 |
| traffic law regulations enacted
by
ordinance pursuant to |
23 |
| this
Section, and a
schedule of penalties for late payment |
24 |
| of the fines, provided, however,
that the total amount of |
25 |
| the fine and penalty for any one violation shall
not exceed |
26 |
| $250.
|
27 |
| (11) Other provisions as are necessary and proper to |
28 |
| carry into
effect the powers granted and purposes stated in |
29 |
| this Section.
|
30 |
| (c) Any municipality establishing vehicular standing, |
31 |
| parking,
and compliance , and automated traffic law
regulations |
32 |
| under this Section may also provide by ordinance for a
program |
33 |
| of vehicle immobilization for the purpose of facilitating
|
34 |
| enforcement of those regulations. The program of vehicle
|
|
|
|
09400HB0021sam004 |
- 15 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| immobilization shall provide for immobilizing any eligible |
2 |
| vehicle upon the
public way by presence of a restraint in a |
3 |
| manner to prevent operation of
the vehicle. Any ordinance |
4 |
| establishing a program of vehicle
immobilization under this |
5 |
| Section shall provide:
|
6 |
| (1) Criteria for the designation of vehicles eligible |
7 |
| for
immobilization. A vehicle shall be eligible for |
8 |
| immobilization when the
registered owner of the vehicle has |
9 |
| accumulated the number of unpaid final
determinations of |
10 |
| parking, standing, or compliance , or automated
traffic law
|
11 |
| violation liability as
determined by ordinance.
|
12 |
| (2) A notice of impending vehicle immobilization and |
13 |
| a right to a
hearing to challenge the validity of the |
14 |
| notice by disproving liability
for the unpaid final |
15 |
| determinations of parking, standing, or compliance ,
or |
16 |
| automated traffic law
violation liability listed
on the |
17 |
| notice.
|
18 |
| (3) The right to a prompt hearing after a vehicle has |
19 |
| been immobilized
or subsequently towed without payment of |
20 |
| the outstanding fines and
penalties on parking, standing, |
21 |
| or compliance , or automated traffic law
violations for |
22 |
| which final
determinations have been
issued. An order |
23 |
| issued after the hearing is a final administrative
decision |
24 |
| within the meaning of Section 3-101 of the Code of Civil |
25 |
| Procedure.
|
26 |
| (4) A post immobilization and post-towing notice |
27 |
| advising the registered
owner of the vehicle of the right |
28 |
| to a hearing to challenge the validity
of the impoundment.
|
29 |
| (d) Judicial review of final determinations of parking, |
30 |
| standing, and
compliance , and automated traffic law
violations |
31 |
| and final administrative decisions issued after hearings
|
32 |
| regarding vehicle immobilization and impoundment made
under |
33 |
| this Section shall be subject to the provisions of
the |
34 |
| Administrative Review Law.
|
|
|
|
09400HB0021sam004 |
- 16 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| (e) Any fine, penalty, or part of any fine or any penalty |
2 |
| remaining
unpaid after the exhaustion of, or the failure to |
3 |
| exhaust, administrative
remedies created under this Section |
4 |
| and the conclusion of any judicial
review procedures shall be a |
5 |
| debt due and owing the municipality and, as
such, may be |
6 |
| collected in accordance with applicable law. Payment in full
of |
7 |
| any fine or penalty resulting from a standing, parking, or
|
8 |
| compliance , or automated traffic law violation shall
|
9 |
| constitute a final disposition of that violation.
|
10 |
| (f) After the expiration of the period within which |
11 |
| judicial review may
be sought for a final determination of |
12 |
| parking, standing, or compliance ,
or automated traffic law
|
13 |
| violation, the municipality
may commence a proceeding in the |
14 |
| Circuit Court for purposes of obtaining a
judgment on the final |
15 |
| determination of violation. Nothing in this
Section shall |
16 |
| prevent a municipality from consolidating multiple final
|
17 |
| determinations of parking, standing, or compliance , or |
18 |
| automated
traffic law violations
violation against a
person in |
19 |
| a proceeding.
Upon commencement of the action, the municipality |
20 |
| shall file a certified
copy of the final determination of |
21 |
| parking, standing, or compliance , or
automated traffic law
|
22 |
| violation, which shall be
accompanied by a certification that |
23 |
| recites facts sufficient to show that
the final determination |
24 |
| of violation was
issued in accordance with this Section and the |
25 |
| applicable municipal
ordinance. Service of the summons and a |
26 |
| copy of the petition may be by
any method provided by Section |
27 |
| 2-203 of the Code of Civil Procedure or by
certified mail, |
28 |
| return receipt requested, provided that the total amount of
|
29 |
| fines and penalties for final determinations of parking, |
30 |
| standing, or
compliance , or automated traffic law violations |
31 |
| does not
exceed $2500. If the court is satisfied that the final |
32 |
| determination of
parking, standing, or compliance , or |
33 |
| automated traffic law violation
was
entered in accordance with
|
34 |
| the requirements of
this Section and the applicable municipal |
|
|
|
09400HB0021sam004 |
- 17 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| ordinance, and that the registered
owner or the lessee, as the |
2 |
| case may be, had an opportunity for an
administrative hearing |
3 |
| and for judicial review as provided in this Section,
the court |
4 |
| shall render judgment in favor of the municipality and against
|
5 |
| the registered owner or the lessee for the amount indicated in |
6 |
| the final
determination of parking, standing, or compliance , or |
7 |
| automated
traffic law violation, plus costs.
The judgment shall |
8 |
| have
the same effect and may be enforced in the same manner as |
9 |
| other judgments
for the recovery of money.
|
10 |
| (Source: P.A. 92-695, eff. 1-1-03.)
|
11 |
| (625 ILCS 5/11-208.5 new)
|
12 |
| Sec. 11-208.5. Automated traffic law enforcement system.
|
13 |
| (a) As used in this Section, "automated traffic law |
14 |
| enforcement
system" means a device with one or more motor |
15 |
| vehicle sensors working
in conjunction with a red light signal |
16 |
| to produce recorded images of
motor vehicles entering an |
17 |
| intersection against a red signal
indication in violation of |
18 |
| Section 11-306 of this Code or a similar provision
of a local |
19 |
| ordinance.
|
20 |
| An
automated traffic law enforcement system is a system in |
21 |
| a municipality or
county operated by a
governmental agency, in |
22 |
| cooperation with a law enforcement agency, that
produces a |
23 |
| recorded image of a motor vehicle's
violation of a provision of |
24 |
| this Code or a local ordinance
and is designed to obtain a |
25 |
| clear recorded image of the
vehicle and the vehicle's license |
26 |
| plate. The recorded image must also
display the time, date, and |
27 |
| location of the violation.
|
28 |
| (b) As used in this Section, "recorded images" means |
29 |
| images
recorded by an automated traffic law enforcement system |
30 |
| on:
|
31 |
| (1) 2 or more photographs;
|
32 |
| (2) 2 or more microphotographs;
|
33 |
| (3) 2 or more electronic images; or
|
|
|
|
09400HB0021sam004 |
- 18 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| (4) a videotape showing the motor vehicle and, on at
|
2 |
| least one image or portion of tape, clearly identifying the
|
3 |
| registration plate number of the motor vehicle.
|
4 |
| (c) For each violation of a provision of this Code or a |
5 |
| local ordinance
recorded by an automatic
traffic law |
6 |
| enforcement system, the local law enforcement agency having
|
7 |
| jurisdiction shall issue a written citation and a notice of the
|
8 |
| violation to the registered owner of the vehicle as the alleged
|
9 |
| violator. The citation and notice shall be delivered to the |
10 |
| registered
owner of the vehicle, by mail, within 30 days of the |
11 |
| violation.
|
12 |
| The citation shall include:
|
13 |
| (1) the name and address of the registered owner of |
14 |
| the
vehicle;
|
15 |
| (2) the registration number of the motor vehicle
|
16 |
| involved in the violation;
|
17 |
| (3) the violation charged;
|
18 |
| (4) the location where the violation occurred;
|
19 |
| (5) the date and time of the violation;
|
20 |
| (6) a copy of the recorded images;
|
21 |
| (7) the amount of the civil penalty imposed and the |
22 |
| date
by which the civil penalty should be paid;
|
23 |
| (8) a signed statement by a technician employed by the
|
24 |
| agency that, based on inspection of recorded images, the |
25 |
| motor
vehicle was being operated in violation of an |
26 |
| automated traffic
law enforcement system;
|
27 |
| (9) a statement that recorded images are evidence of a
|
28 |
| violation of a red light signal;
and
|
29 |
| (10) a warning that failure to pay the civil penalty |
30 |
| or to
contest liability in a timely manner is an admission |
31 |
| of
liability and may result in a suspension of the driving
|
32 |
| privileges of the registered owner of the vehicle.
|
33 |
| (d) The citation issued to the registered owner of the |
34 |
| vehicle
shall be accompanied by a written notice, the contents |
|
|
|
09400HB0021sam004 |
- 19 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| of which is set
forth in subsection (e) of this Section, |
2 |
| explaining how the registered
owner of the vehicle can elect to |
3 |
| proceed by either paying the civil
penalty or challenging the |
4 |
| issuance of the citation.
|
5 |
| (e) The written notice explaining the alleged violator's |
6 |
| rights
and obligations must include the following text:
|
7 |
| "You have been served with the accompanying citation and |
8 |
| cited
with having violated Section 11-208.5 of the Illinois |
9 |
| Vehicle
Code. You can elect to proceed by:
|
10 |
| 1. paying the fine; or
|
11 |
| 2. challenging the issuance of the citation in |
12 |
| court."
|
13 |
| (f) If a person
charged with a traffic violation, as a |
14 |
| result of an automated traffic law
enforcement system, does not |
15 |
| pay or successfully contest the civil
penalty resulting from |
16 |
| that violation, the Secretary of State shall suspend the
|
17 |
| driving privileges of the
registered owner of the vehicle under |
18 |
| Section 6-306.5 of this Code for failing
to pay any fine or |
19 |
| penalty
due and owing as a result of 5 violations of the |
20 |
| automated traffic law
enforcement system.
|
21 |
| (g) Based on inspection of recorded images produced by an
|
22 |
| automated traffic law enforcement system, a citation or a copy |
23 |
| of a
citation alleging that the violation occurred and signed |
24 |
| by a duly
authorized agent of the agency shall be evidence of |
25 |
| the facts contained
in the citation or copy and admissible in |
26 |
| any proceeding alleging a
violation under this Section.
|
27 |
| (h) Recorded images made by an automatic traffic law
|
28 |
| enforcement system are confidential and shall be made
available |
29 |
| only to the alleged violator and governmental and
law |
30 |
| enforcement agencies for purposes of adjudicating a
violation |
31 |
| of this Section. Any recorded image evidencing a
violation of |
32 |
| this Section, however, is admissible in
any proceeding |
33 |
| resulting from the issuance of the citation
when there is |
34 |
| reasonable and sufficient proof of the accuracy
of the camera |
|
|
|
09400HB0021sam004 |
- 20 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| or electronic instrument recording the image.
There is a |
2 |
| rebuttable presumption that the recorded image is
accurate if |
3 |
| the camera or electronic recording instrument was
in good |
4 |
| working order at the beginning and the end of the day
of the |
5 |
| alleged offense.
|
6 |
| (i) The court may consider in defense of a 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 that the Court deems |
16 |
| pertinent.
|
17 |
| (j) To demonstrate that the motor vehicle or the |
18 |
| registration
plates were stolen before the violation occurred |
19 |
| and were not under the
control or possession of the owner at |
20 |
| the time of the violation, the
owner must submit proof that a |
21 |
| police report concerning the stolen
motor vehicle or |
22 |
| registration plates was filed in a timely manner.
|
23 |
| (k) Unless the driver of the motor vehicle received a |
24 |
| Uniform
Traffic Citation from a police officer at the time of |
25 |
| the violation,
the motor vehicle owner is subject to a civil |
26 |
| penalty not exceeding
$500 if the motor vehicle is recorded by |
27 |
| an automated traffic law
enforcement system. A violation for |
28 |
| which a civil penalty is imposed
under this Section is not a |
29 |
| violation of a traffic regulation governing
the movement of |
30 |
| vehicles and may not be recorded on the driving record
of the |
31 |
| owner of the vehicle.
|
32 |
| (l) An intersection equipped with an automated traffic |
33 |
| law
enforcement system must be posted with a sign visible to |
34 |
| approaching traffic
indicating that the intersection is being |
|
|
|
09400HB0021sam004 |
- 21 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| monitored by an automated
traffic law enforcement system.
|
2 |
| (m) The compensation paid for an automated traffic law |
3 |
| enforcement system
must be based on the value of the equipment |
4 |
| or the services provided and may
not be based on the number of |
5 |
| traffic citations issued or the revenue generated
by the |
6 |
| system.
|
7 |
| (625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
|
8 |
| Sec. 11-306. Traffic-control signal legend. Whenever |
9 |
| traffic is controlled
by traffic-control signals exhibiting |
10 |
| different colored lights or color
lighted arrows, successively |
11 |
| one at a time or in combination, only the
colors green, red and |
12 |
| yellow shall be used, except for special pedestrian
signals |
13 |
| carrying a word legend, and the lights shall indicate and apply |
14 |
| to
drivers of vehicles and pedestrians as follows:
|
15 |
| (a) Green indication.
|
16 |
| 1. Vehicular traffic facing a circular green signal |
17 |
| may
proceed
straight through or turn right or left unless a |
18 |
| sign at such place
prohibits either such turn. Vehicular |
19 |
| traffic, including vehicles turning
right or left, shall |
20 |
| yield the right of way to other vehicles and to
pedestrians |
21 |
| lawfully within the intersection or an adjacent crosswalk |
22 |
| at
the time such signal is exhibited.
|
23 |
| 2. Vehicular traffic facing a green arrow signal, |
24 |
| shown alone or in
combination with another indication, may |
25 |
| cautiously enter the intersection
only to make the movement |
26 |
| indicated by such arrow, or such other movement
as is |
27 |
| permitted by other indications shown at the same time. Such
|
28 |
| vehicular traffic shall yield the right of way to |
29 |
| pedestrians lawfully
within an adjacent crosswalk and to |
30 |
| other traffic lawfully using the
intersection.
|
31 |
| 3. Unless otherwise directed by a pedestrian-control |
32 |
| signal, as provided
in Section 11-307, pedestrians facing |
33 |
| any green signal, except when the
sole green signal is a |
|
|
|
09400HB0021sam004 |
- 22 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| turn arrow, may proceed across the roadway within
any |
2 |
| marked or unmarked crosswalk.
|
3 |
| (b) Steady yellow indication.
|
4 |
| 1. Vehicular traffic facing a steady circular yellow |
5 |
| or yellow arrow
signal is thereby warned that the related |
6 |
| green movement is being
terminated or that a red indication |
7 |
| will be exhibited immediately thereafter.
|
8 |
| 2. Pedestrians facing a steady circular yellow or |
9 |
| yellow arrow signal,
unless otherwise directed by a |
10 |
| pedestrian-control signal as provided in
Section 11-307, |
11 |
| are thereby advised that there is insufficient time to
|
12 |
| cross the roadway before a red indication is shown and no |
13 |
| pedestrian shall
then start to cross the roadway.
|
14 |
| (c) Steady red indication.
|
15 |
| 1. Except as provided in paragraph 3 of this |
16 |
| subsection (c),
vehicular traffic facing a steady circular |
17 |
| red signal alone shall stop at a
clearly marked stop line, |
18 |
| but if there is no such stop line, before
entering the |
19 |
| crosswalk on the near side of the intersection, or if there |
20 |
| is
no such crosswalk, then before entering the |
21 |
| intersection, and shall remain
standing until an |
22 |
| indication to proceed is shown.
|
23 |
| 2. Except as provided in paragraph 3 of this |
24 |
| subsection (c),
vehicular traffic facing a steady red arrow |
25 |
| signal shall not enter the
intersection to make the |
26 |
| movement indicated by the arrow and, unless
entering the |
27 |
| intersection to make a movement permitted by another |
28 |
| signal,
shall stop at a clearly marked stop line, but if |
29 |
| there is no such stop line,
before entering the crosswalk |
30 |
| on the near side of the intersection, or if
there is no |
31 |
| such crosswalk, then before entering the intersection, and
|
32 |
| shall remain standing until an indication permitting the |
33 |
| movement indicated
by such red arrow is shown.
|
34 |
| 3. Except when a sign is in place prohibiting a turn |
|
|
|
09400HB0021sam004 |
- 23 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| and local
authorities by ordinance or State authorities by |
2 |
| rule or regulation
prohibit any such turn, vehicular |
3 |
| traffic facing any steady red signal may
cautiously enter |
4 |
| the intersection to turn right, or to turn left from a
|
5 |
| one-way street into a one-way street, after stopping as |
6 |
| required by
paragraph 1 or paragraph 2 of this subsection.
|
7 |
| After
stopping, the driver shall yield the right of way to |
8 |
| any vehicle in the
intersection or approaching on another |
9 |
| roadway so closely as to constitute
an immediate hazard |
10 |
| during the time such driver is moving across or within
the |
11 |
| intersection or junction or roadways. Such driver shall |
12 |
| yield the
right of way to pedestrians within the |
13 |
| intersection or an adjacent crosswalk.
|
14 |
| 4. Unless otherwise directed by a pedestrian-control |
15 |
| signal as provided
in Section 11-307, pedestrians facing a |
16 |
| steady circular red or red arrow
signal alone shall not |
17 |
| enter the roadway.
|
18 |
| 5. A municipality with a population of 1,000,000 or |
19 |
| more
may enact an
ordinance that provides for the use of an
|
20 |
| automated red light enforcement system to enforce |
21 |
| violations of this subsection
(c) that result in or involve |
22 |
| a motor vehicle accident, leaving the scene of
a
motor |
23 |
| vehicle accident, or reckless driving that results in |
24 |
| bodily injury.
|
25 |
| This paragraph 5 is subject to prosecutorial |
26 |
| discretion that is
consistent
with applicable law.
|
27 |
| (d) In the event an official traffic control signal is
|
28 |
| erected and maintained
at a place other than an intersection, |
29 |
| the provisions of this Section shall
be applicable except as to |
30 |
| provisions which by their nature can have no
application. Any |
31 |
| stop required shall be at a traffic sign or a marking
on the |
32 |
| pavement indicating where the stop shall be made or, in the |
33 |
| absence
of such sign or marking, the stop shall be made at the |
34 |
| signal.
|
|
|
|
09400HB0021sam004 |
- 24 - |
LRB094 02432 DRH 46451 a |
|
|
1 |
| (e) The motorman of any streetcar shall obey the above |
2 |
| signals as applicable
to vehicles.
|
3 |
| (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)"; and
|
4 |
| by inserting immediately below the last line of Sec. 12-610.1 |
5 |
| of Section 5 the following:
|
6 |
| "(625 ILCS 5/1-105.5 rep.)
|
7 |
| Section 10. The Illinois Vehicle Code is amended by |
8 |
| repealing Section 1-105.5.".
|