HB4835ham002 94TH GENERAL ASSEMBLY

Rep. Angelo Saviano

Filed: 2/22/2006

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4835

2     AMENDMENT NO. ______. Amend House Bill 4835, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 6-306.5, 11-208, 11-208.3, and 11-306 and
7 adding Section 11-208.6 as follows:
 
8     (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
9     Sec. 6-306.5. Failure to pay fine or penalty for standing,
10 parking, or compliance, or automated traffic law violations;
11 suspension of driving privileges.
12     (a) Upon receipt of a certified report, as prescribed by
13 subsection (c) of this Section, from any municipality stating
14 that the owner of a registered vehicle has: (1) failed to pay
15 any fine or penalty due and owing as a result of 10 or more
16 violations of a municipality's vehicular standing, parking, or
17 compliance regulations established by ordinance pursuant to
18 Section 11-208.3 of this Code, or (2) failed to pay any fine or
19 penalty due and owing as a result of 5 offenses for automated
20 traffic violations as defined in Section 11-208.6, the
21 Secretary of State shall suspend the driving privileges of such
22 person in accordance with the procedures set forth in this
23 Section. The Secretary shall also suspend the driving
24 privileges of an owner of a registered vehicle upon receipt of

 

 

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1 a certified report, as prescribed by subsection (f) of this
2 Section, from any municipality stating that such person has
3 failed to satisfy any fines or penalties imposed by final
4 judgments for 5 or more automated traffic law violations or 10
5 or more violations of local standing, parking, or compliance
6 regulations after exhaustion of judicial review procedures.
7     (b) Following receipt of the certified report of the
8 municipality as specified in this Section, the Secretary of
9 State shall notify the person whose name appears on the
10 certified report that the person's drivers license will be
11 suspended at the end of a specified period of time unless the
12 Secretary of State is presented with a notice from the
13 municipality certifying that the fine or penalty due and owing
14 the municipality has been paid or that inclusion of that
15 person's name on the certified report was in error. The
16 Secretary's notice shall state in substance the information
17 contained in the municipality's certified report to the
18 Secretary, and shall be effective as specified by subsection
19 (c) of Section 6-211 of this Code.
20     (c) The report of the appropriate municipal official
21 notifying the Secretary of State of unpaid fines or penalties
22 pursuant to this Section shall be certified and shall contain
23 the following:
24         (1) The name, last known address as recorded with the
25     Secretary of State, as provided by the lessor of the cited
26     vehicle at the time of lease, or as recorded in a United
27     States Post Office approved database if any notice sent
28     under Section 11-208.3 of this Code is returned as
29     undeliverable, and drivers license number of the person who
30     failed to pay the fine or penalty and the registration
31     number of any vehicle known to be registered to such person
32     in this State.
33         (2) The name of the municipality making the report
34     pursuant to this Section.

 

 

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1         (3) A statement that the municipality sent a notice of
2     impending drivers license suspension as prescribed by
3     ordinance enacted pursuant to Section 11-208.3, to the
4     person named in the report at the address recorded with the
5     Secretary of State or at the last address known to the
6     lessor of the cited vehicle at the time of lease or, if any
7     notice sent under Section 11-208.3 of this Code is returned
8     as undeliverable, at the last known address recorded in a
9     United States Post Office approved database; the date on
10     which such notice was sent; and the address to which such
11     notice was sent. In a municipality with a population of
12     1,000,000 or more, the report shall also include a
13     statement that the alleged violator's State vehicle
14     registration number and vehicle make, if specified, are
15     correct as they appear on the citations.
16     (d) Any municipality making a certified report to the
17 Secretary of State pursuant to this Section shall notify the
18 Secretary of State, in a form prescribed by the Secretary,
19 whenever a person named in the certified report has paid the
20 previously reported fine or penalty or whenever the
21 municipality determines that the original report was in error.
22 A certified copy of such notification shall also be given upon
23 request and at no additional charge to the person named
24 therein. Upon receipt of the municipality's notification or
25 presentation of a certified copy of such notification, the
26 Secretary of State shall terminate the suspension.
27     (e) Any municipality making a certified report to the
28 Secretary of State pursuant to this Section shall also by
29 ordinance establish procedures for persons to challenge the
30 accuracy of the certified report. The ordinance shall also
31 state the grounds for such a challenge, which may be limited to
32 (1) the person not having been the owner or lessee of the
33 vehicle or vehicles receiving 10 or more standing, parking, or
34 compliance violation notices or 5 or more automated traffic law

 

 

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1 violations on the date or dates such notices were issued; and
2 (2) the person having already paid the fine or penalty for the
3 10 or more standing, parking, or compliance violations or 5 or
4 more automated traffic law violations indicated on the
5 certified report.
6     (f) Any municipality, other than a municipality
7 establishing vehicular standing, parking, and compliance
8 regulations pursuant to Section 11-208.3 or automated traffic
9 law regulations under Section 11-208.6, may also cause a
10 suspension of a person's drivers license pursuant to this
11 Section. Such municipality may invoke this sanction by making a
12 certified report to the Secretary of State upon a person's
13 failure to satisfy any fine or penalty imposed by final
14 judgment for 10 or more violations of local standing, parking,
15 or compliance regulations or 5 or more automated traffic law
16 violations after exhaustion of judicial review procedures, but
17 only if:
18         (1) the municipality complies with the provisions of
19     this Section in all respects except in regard to enacting
20     an ordinance pursuant to Section 11-208.3;
21         (2) the municipality has sent a notice of impending
22     drivers license suspension as prescribed by an ordinance
23     enacted pursuant to subsection (g) of this Section; and
24         (3) in municipalities with a population of 1,000,000 or
25     more, the municipality has verified that the alleged
26     violator's State vehicle registration number and vehicle
27     make are correct as they appear on the citations.
28     (g) Any municipality, other than a municipality
29 establishing standing, parking, and compliance regulations
30 pursuant to Section 11-208.3 or automated traffic law
31 regulations under Section 11-208.6, may provide by ordinance
32 for the sending of a notice of impending drivers license
33 suspension to the person who has failed to satisfy any fine or
34 penalty imposed by final judgment for 10 or more violations of

 

 

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1 local standing, parking, or compliance regulations or 5 or more
2 automated traffic law violations after exhaustion of judicial
3 review procedures. An ordinance so providing shall specify that
4 the notice sent to the person liable for any fine or penalty
5 shall state that failure to pay the fine or penalty owing
6 within 45 days of the notice's date will result in the
7 municipality notifying the Secretary of State that the person's
8 drivers license is eligible for suspension pursuant to this
9 Section. The notice of impending drivers license suspension
10 shall be sent by first class United States mail, postage
11 prepaid, to the address recorded with the Secretary of State or
12 at the last address known to the lessor of the cited vehicle at
13 the time of lease or, if any notice sent under Section 11-208.3
14 of this Code is returned as undeliverable, to the last known
15 address recorded in a United States Post Office approved
16 database.
17     (h) An administrative hearing to contest an impending
18 suspension or a suspension made pursuant to this Section may be
19 had upon filing a written request with the Secretary of State.
20 The filing fee for this hearing shall be $20, to be paid at the
21 time the request is made. A municipality which files a
22 certified report with the Secretary of State pursuant to this
23 Section shall reimburse the Secretary for all reasonable costs
24 incurred by the Secretary as a result of the filing of the
25 report, including but not limited to the costs of providing the
26 notice required pursuant to subsection (b) and the costs
27 incurred by the Secretary in any hearing conducted with respect
28 to the report pursuant to this subsection and any appeal from
29 such a hearing.
30     (i) The provisions of this Section shall apply on and after
31 January 1, 1988.
32     (j) For purposes of this Section, the term "compliance
33 violation" is defined as in Section 11-208.3.
34 (Source: P.A. 94-294, eff. 1-1-06.)
 

 

 

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1     (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
2     Sec. 11-208. Powers of local authorities.
3     (a)  The provisions of this Code shall not be deemed to
4 prevent local authorities with respect to streets and highways
5 under their jurisdiction and within the reasonable exercise of
6 the police power from:
7         1.  Regulating the standing or parking of vehicles,
8     except as limited by Section 11-1306 of this Act;
9         2.  Regulating traffic by means of police officers or
10     traffic control signals;
11         3.  Regulating or prohibiting processions or
12     assemblages on the highways;
13         4.  Designating particular highways as one-way
14     highways and requiring that all vehicles thereon be moved
15     in one specific direction;
16         5.  Regulating the speed of vehicles in public parks
17     subject to the limitations set forth in Section 11-604;
18         6.  Designating any highway as a through highway, as
19     authorized in Section 11-302, and requiring that all
20     vehicles stop before entering or crossing the same or
21     designating any intersection as a stop intersection or a
22     yield right-of-way intersection and requiring all vehicles
23     to stop or yield the right-of-way at one or more entrances
24     to such intersections;
25         7.  Restricting the use of highways as authorized in
26     Chapter 15;
27         8.  Regulating the operation of bicycles and requiring
28     the registration and licensing of same, including the
29     requirement of a registration fee;
30         9.  Regulating or prohibiting the turning of vehicles
31     or specified types of vehicles at intersections;
32         10.  Altering the speed limits as authorized in
33     Section 11-604;

 

 

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1         11.  Prohibiting U-turns;
2         12.  Prohibiting pedestrian crossings at other than
3     designated and marked crosswalks or at intersections;
4         13.  Prohibiting parking during snow removal
5     operation;
6         14.  Imposing fines in accordance with Section
7     11-1301.3 as penalties for use of any parking place
8     reserved for persons with disabilities, as defined by
9     Section 1-159.1, or disabled veterans by any person using a
10     motor vehicle not bearing registration plates specified in
11     Section 11-1301.1 or a special decal or device as defined
12     in Section 11-1301.2 as evidence that the vehicle is
13     operated by or for a person with disabilities or disabled
14     veteran;
15         15.  Adopting such other traffic regulations as are
16     specifically authorized by this Code; or
17         16.  Enforcing the provisions of subsection (f) of
18     Section 3-413 of this Code or a similar local ordinance.
19     (b)  No ordinance or regulation enacted under subsections
20 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
21 effective until signs giving reasonable notice of such local
22 traffic regulations are posted.
23     (c)  The provisions of this Code shall not prevent any
24 municipality having a population of 500,000 or more inhabitants
25 from prohibiting any person from driving or operating any motor
26 vehicle upon the roadways of such municipality with headlamps
27 on high beam or bright.
28     (d)  The provisions of this Code shall not be deemed to
29 prevent local authorities within the reasonable exercise of
30 their police power from prohibiting, on private property, the
31 unauthorized use of parking spaces reserved for persons with
32 disabilities.
33     (e)  No unit of local government, including a home rule
34 unit, may enact or enforce an ordinance that applies only to

 

 

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1 motorcycles if the principal purpose for that ordinance is to
2 restrict the access of motorcycles to any highway or portion of
3 a highway for which federal or State funds have been used for
4 the planning, design, construction, or maintenance of that
5 highway. No unit of local government, including a home rule
6 unit, may enact an ordinance requiring motorcycle users to wear
7 protective headgear. Nothing in this subsection (e) shall
8 affect the authority of a unit of local government to regulate
9 motorcycles for traffic control purposes or in accordance with
10 Section 12-602 of this Code. No unit of local government,
11 including a home rule unit, may regulate motorcycles in a
12 manner inconsistent with this Code. This subsection (e) is a
13 limitation under subsection (i) of Section 6 of Article VII of
14 the Illinois Constitution on the concurrent exercise by home
15 rule units of powers and functions exercised by the State.
16     (f)  A municipality or county may enact an ordinance
17 providing for an automated traffic law enforcement system to
18 enforce violations of this Code or a similar provision of a
19 local ordinance and imposing liability on a registered owner of
20 a vehicle used in such a violation.
21 (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97;
22 90-655, eff. 7-30-98; 91-519, eff. 1-1-00.)
 
23     (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
24     Sec. 11-208.3. Administrative adjudication of violations
25 of traffic regulations concerning the standing, parking, or
26 condition of vehicles and automated traffic law violations.
27     (a) Any municipality may provide by ordinance for a system
28 of administrative adjudication of vehicular standing and
29 parking violations and vehicle compliance violations as
30 defined in this subsection and automated traffic law violations
31 as defined in Section 11-208.6. The administrative system shall
32 have as its purpose the fair and efficient enforcement of
33 municipal regulations through the administrative adjudication

 

 

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1 of automated traffic law violations and violations of municipal
2 ordinances regulating the standing and parking of vehicles, the
3 condition and use of vehicle equipment, and the display of
4 municipal wheel tax licenses within the municipality's
5 borders. The administrative system shall only have authority to
6 adjudicate civil offenses carrying fines not in excess of $250
7 that occur after the effective date of the ordinance adopting
8 such a system under this Section. For purposes of this Section,
9 "compliance violation" means a violation of a municipal
10 regulation governing the condition or use of equipment on a
11 vehicle or governing the display of a municipal wheel tax
12 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, and compliance, and
17     automated traffic law violation notices and other notices
18     required by this Section, collect money paid as fines and
19     penalties for violation of parking and compliance
20     ordinances and automated traffic law violations, and
21     operate an administrative adjudication system. The traffic
22     compliance administrator also may make a certified report
23     to the Secretary of State under Section 6-306.5.
24         (2) A parking, standing, or compliance, or automated
25     traffic law violation notice that shall specify the date,
26     time, and place of violation of a parking, standing, or
27     compliance, or automated traffic law regulation; the
28     particular regulation violated; the fine and any penalty
29     that may be assessed for late payment, when so provided by
30     ordinance; the vehicle make, if available and readily
31     discernible, and state registration number; and the
32     identification number of the person issuing the notice.
33     With regard to municipalities with a population of 1
34     million or more, it shall be grounds for dismissal of a

 

 

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1     parking violation if the State registration number or
2     vehicle make specified is incorrect. The violation notice
3     shall state that the payment of the indicated fine, and of
4     any applicable penalty for late payment, shall operate as a
5     final disposition of the violation. The notice also shall
6     contain information as to the availability of a hearing in
7     which the violation may be contested on its merits. The
8     violation notice shall specify the time and manner in which
9     a hearing may be had.
10         (3) Service of the parking, standing, or compliance
11     violation notice by affixing the original or a facsimile of
12     the notice to an unlawfully parked vehicle or by handing
13     the notice to the operator of a vehicle if he or she is
14     present and service of an automated traffic law violation
15     notice by mail to the address of the registered owner of
16     the cited vehicle as recorded with the Secretary of State
17     within 90 days after the violation. A person authorized by
18     ordinance to issue and serve parking, standing, and
19     compliance violation notices shall certify as to the
20     correctness of the facts entered on the violation notice by
21     signing his or her name to the notice at the time of
22     service or in the case of a notice produced by a
23     computerized device, by signing a single certificate to be
24     kept by the traffic compliance administrator attesting to
25     the correctness of all notices produced by the device while
26     it was under his or her control. In the case of an
27     automated traffic law violation, the ordinance shall
28     require a determination by a technician employed or
29     contracted by the municipality or county that, based on
30     inspection of recorded images, the motor vehicle was being
31     operated in violation of Section 11-208.6 or a local
32     ordinance. If the technician determines that the vehicle
33     entered the intersection as part of a funeral procession or
34     in order to yield the right-of-way to an emergency vehicle,

 

 

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1     a citation shall not be issued. The original or a facsimile
2     of the violation notice or, in the case of a notice
3     produced by a computerized device, a printed record
4     generated by the device showing the facts entered on the
5     notice, shall be retained by the traffic compliance
6     administrator, and shall be a record kept in the ordinary
7     course of business. A parking, standing, or compliance, or
8     automated traffic law violation notice issued, signed and
9     served in accordance with this Section, a copy of the
10     notice, or the computer generated record shall be prima
11     facie correct and shall be prima facie evidence of the
12     correctness of the facts shown on the notice. The notice,
13     copy, or computer generated record shall be admissible in
14     any subsequent administrative or legal proceedings.
15         (4) An opportunity for a hearing for the registered
16     owner of the vehicle cited in the parking, standing, or
17     compliance, or automated traffic law violation notice in
18     which the owner may contest the merits of the alleged
19     violation, and during which formal or technical rules of
20     evidence shall not apply; provided, however, that under
21     Section 11-1306 of this Code the lessee of a vehicle cited
22     in the violation notice likewise shall be provided an
23     opportunity for a hearing of the same kind afforded the
24     registered owner. The hearings shall be recorded, and the
25     person conducting the hearing on behalf of the traffic
26     compliance administrator shall be empowered to administer
27     oaths and to secure by subpoena both the attendance and
28     testimony of witnesses and the production of relevant books
29     and papers. Persons appearing at a hearing under this
30     Section may be represented by counsel at their expense. The
31     ordinance may also provide for internal administrative
32     review following the decision of the hearing officer.
33         (5) Service of additional notices, sent by first class
34     United States mail, postage prepaid, to the address of the

 

 

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1     registered owner of the cited vehicle as recorded with the
2     Secretary of State or, if any notice to that address is
3     returned as undeliverable, to the last known address
4     recorded in a United States Post Office approved database,
5     or, under Section 11-1306 of this Code, to the lessee of
6     the cited vehicle at the last address known to the lessor
7     of the cited vehicle at the time of lease or, if any notice
8     to that address is returned as undeliverable, to the last
9     known address recorded in a United States Post Office
10     approved database. The service shall be deemed complete as
11     of the date of deposit in the United States mail. The
12     notices shall be in the following sequence and shall
13     include but not be limited to the information specified
14     herein:
15             (i) A second notice of parking, standing, or
16         compliance violation. This notice shall specify the
17         date and location of the violation cited in the
18         parking, standing, or compliance violation notice, the
19         particular regulation violated, the vehicle make and
20         state registration number, the fine and any penalty
21         that may be assessed for late payment when so provided
22         by ordinance, the availability of a hearing in which
23         the violation may be contested on its merits, and the
24         time and manner in which the hearing may be had. The
25         notice of violation shall also state that failure
26         either to pay the indicated fine and any applicable
27         penalty, or to appear at a hearing on the merits in the
28         time and manner specified, will result in a final
29         determination of violation liability for the cited
30         violation in the amount of the fine or penalty
31         indicated, and that, upon the occurrence of a final
32         determination of violation liability for the failure,
33         and the exhaustion of, or failure to exhaust, available
34         administrative or judicial procedures for review, any

 

 

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1         unpaid fine or penalty will constitute a debt due and
2         owing the municipality.
3             (ii) A notice of final determination of parking,
4         standing, or compliance, or automated traffic law
5         violation liability. This notice shall be sent
6         following a final determination of parking, standing,
7         or compliance, or automated traffic law violation
8         liability and the conclusion of judicial review
9         procedures taken under this Section. The notice shall
10         state that the unpaid fine or penalty is a debt due and
11         owing the municipality. The notice shall contain
12         warnings that failure to pay any fine or penalty due
13         and owing the municipality within the time specified
14         may result in the municipality's filing of a petition
15         in the Circuit Court to have the unpaid fine or penalty
16         rendered a judgment as provided by this Section, or may
17         result in suspension of the person's drivers license
18         for failure to pay fines or penalties for 10 or more
19         parking violations under Section 6-306.5 or 5 or more
20         automated traffic law violations under Section
21         11-208.6.
22         (6) A Notice of impending drivers license suspension.
23     This notice shall be sent to the person liable for any fine
24     or penalty that remains due and owing on 10 or more parking
25     violations or 5 or more unpaid automated traffic law
26     violations. The notice shall state that failure to pay the
27     fine or penalty owing within 45 days of the notice's date
28     will result in the municipality notifying the Secretary of
29     State that the person is eligible for initiation of
30     suspension proceedings under Section 6-306.5 of this Code.
31     The notice shall also state that the person may obtain a
32     photostatic copy of an original ticket imposing a fine or
33     penalty by sending a self addressed, stamped envelope to
34     the municipality along with a request for the photostatic

 

 

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1     copy. The notice of impending drivers license suspension
2     shall be sent by first class United States mail, postage
3     prepaid, to the address recorded with the Secretary of
4     State or, if any notice to that address is returned as
5     undeliverable, to the last known address recorded in a
6     United States Post Office approved database.
7         (7) Final determinations of violation liability. A
8     final determination of violation liability shall occur
9     following failure to pay the fine or penalty after a
10     hearing officer's determination of violation liability and
11     the exhaustion of or failure to exhaust any administrative
12     review procedures provided by ordinance. Where a person
13     fails to appear at a hearing to contest the alleged
14     violation in the time and manner specified in a prior
15     mailed notice, the hearing officer's determination of
16     violation liability shall become final: (A) upon denial of
17     a timely petition to set aside that determination, or (B)
18     upon expiration of the period for filing the petition
19     without a filing having been made.
20         (8) A petition to set aside a determination of parking,
21     standing, or compliance, or automated traffic law
22     violation liability that may be filed by a person owing an
23     unpaid fine or penalty. The petition shall be filed with
24     and ruled upon by the traffic compliance administrator in
25     the manner and within the time specified by ordinance. The
26     grounds for the petition may be limited to: (A) the person
27     not having been the owner or lessee of the cited vehicle on
28     the date the violation notice was issued, (B) the person
29     having already paid the fine or penalty for the violation
30     in question, and (C) excusable failure to appear at or
31     request a new date for a hearing. With regard to
32     municipalities with a population of 1 million or more, it
33     shall be grounds for dismissal of a parking violation if
34     the State registration number, or vehicle make if

 

 

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1     specified, is incorrect. After the determination of
2     parking, standing, or compliance, or automated traffic law
3     violation liability has been set aside upon a showing of
4     just cause, the registered owner shall be provided with a
5     hearing on the merits for that violation.
6         (9) Procedures for non-residents. Procedures by which
7     persons who are not residents of the municipality may
8     contest the merits of the alleged violation without
9     attending a hearing.
10         (10) A schedule of civil fines for violations of
11     vehicular standing, parking, and compliance, or automated
12     traffic law regulations enacted by ordinance pursuant to
13     this Section, and a schedule of penalties for late payment
14     of the fines, provided, however, that the total amount of
15     the fine and penalty for any one violation shall not exceed
16     $250.
17         (11) Other provisions as are necessary and proper to
18     carry into effect the powers granted and purposes stated in
19     this Section.
20     (c) Any municipality establishing vehicular standing,
21 parking, and compliance, or automated traffic law regulations
22 under this Section may also provide by ordinance for a program
23 of vehicle immobilization for the purpose of facilitating
24 enforcement of those regulations. The program of vehicle
25 immobilization shall provide for immobilizing any eligible
26 vehicle upon the public way by presence of a restraint in a
27 manner to prevent operation of the vehicle. Any ordinance
28 establishing a program of vehicle immobilization under this
29 Section shall provide:
30         (1) Criteria for the designation of vehicles eligible
31     for immobilization. A vehicle shall be eligible for
32     immobilization when the registered owner of the vehicle has
33     accumulated the number of unpaid final determinations of
34     parking, standing, or compliance, or automated traffic law

 

 

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1     violation liability as 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 unpaid final
5     determinations of parking, standing, or compliance, or
6     automated traffic law violation liability listed on the
7     notice.
8         (3) The right to a prompt hearing after a vehicle has
9     been immobilized or subsequently towed without payment of
10     the outstanding fines and penalties on parking, standing,
11     or compliance, or automated traffic law violations for
12     which final determinations have been issued. An order
13     issued after the hearing is a final administrative decision
14     within the meaning of Section 3-101 of the Code of Civil
15     Procedure.
16         (4) A post immobilization and post-towing notice
17     advising the registered owner of the vehicle of the right
18     to a hearing to challenge the validity of the impoundment.
19     (d) Judicial review of final determinations of parking,
20 standing, and compliance, or automated traffic law violations
21 and final administrative decisions issued after hearings
22 regarding vehicle immobilization and impoundment made under
23 this Section shall be subject to the provisions of the
24 Administrative Review Law.
25     (e) Any fine, penalty, or part of any fine or any penalty
26 remaining unpaid after the exhaustion of, or the failure to
27 exhaust, administrative remedies created under this Section
28 and the conclusion of any judicial review procedures shall be a
29 debt due and owing the municipality and, as such, may be
30 collected in accordance with applicable law. Payment in full of
31 any fine or penalty resulting from a standing, parking, or
32 compliance, or automated traffic law violation shall
33 constitute a final disposition of that violation.
34     (f) After the expiration of the period within which

 

 

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1 judicial review may be sought for a final determination of
2 parking, standing, or compliance, or automated traffic law
3 violation, the municipality may commence a proceeding in the
4 Circuit Court for purposes of obtaining a judgment on the final
5 determination of violation. Nothing in this Section shall
6 prevent a municipality from consolidating multiple final
7 determinations of parking, standing, or compliance, or
8 automated traffic law violations violation against a person in
9 a proceeding. Upon commencement of the action, the municipality
10 shall file a certified copy or record of the final
11 determination of parking, standing, or compliance , or
12 automated traffic law violation, which shall be accompanied by
13 a certification that recites facts sufficient to show that the
14 final determination of violation was issued in accordance with
15 this Section and the applicable municipal ordinance. Service of
16 the summons and a copy of the petition may be by any method
17 provided by Section 2-203 of the Code of Civil Procedure or by
18 certified mail, return receipt requested, provided that the
19 total amount of fines and penalties for final determinations of
20 parking, standing, or compliance, or automated traffic law
21 violations does not exceed $2500. If the court is satisfied
22 that the final determination of parking, standing, or
23 compliance, or automated traffic law violation was entered in
24 accordance with the requirements of this Section and the
25 applicable municipal ordinance, and that the registered owner
26 or the lessee, as the case may be, had an opportunity for an
27 administrative hearing and for judicial review as provided in
28 this Section, the court shall render judgment in favor of the
29 municipality and against the registered owner or the lessee for
30 the amount indicated in the final determination of parking,
31 standing, or compliance, or automated traffic law violation,
32 plus costs. The judgment shall have the same effect and may be
33 enforced in the same manner as other judgments for the recovery
34 of money.

 

 

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1 (Source: P.A. 94-294, eff. 1-1-06.)
 
2     (625 ILCS 5/11-208.6 new)
3     Sec. 11-208.6. Automated traffic law enforcement system.
4     (a)  As used in this Section, "automated traffic law
5 enforcement system" means a device with one or more motor
6 vehicle sensors working in conjunction with a red light signal
7 to produce recorded images of motor vehicles entering an
8 intersection against a red signal indication in violation of
9 Section 11-306 of this Code or a similar provision of a local
10 ordinance.
11     An automated traffic law enforcement system is a system, in
12 a municipality or county operated by a governmental agency,
13 that produces a recorded image of a motor vehicle's violation
14 of a provision of this Code or a local ordinance and is
15 designed to obtain a clear recorded image of the vehicle and
16 the vehicle's license plate. The recorded image must also
17 display the time, date, and location of the violation.
18     (b)  As used in this Section, "recorded images" means
19 images recorded by an automated traffic law enforcement system
20 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
26     identifying the registration plate number of the motor
27     vehicle.
28     (c)  For each violation of a provision of this Code or a
29 local ordinance recorded by an automatic traffic law
30 enforcement system, the county or municipality having
31 jurisdiction shall issue a written notice of the violation to
32 the registered owner of the vehicle as the alleged violator.
33 The notice shall be delivered to the registered owner of the

 

 

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1 vehicle, by mail, within 90 days of the violation.
2     The notice shall include:
3         (1)  the name and address of the registered owner of
4     the vehicle;
5         (2)  the registration number of the motor vehicle
6     involved in the violation;
7         (3)  the violation charged;
8         (4)  the location where the violation occurred;
9         (5)  the date and time of the violation;
10         (6)  a copy of the recorded images;
11         (7)  the amount of the civil penalty imposed and the
12     date by which the civil penalty should be paid;
13         (8)  a statement that recorded images are evidence of a
14     violation of a red light signal;
15         (9)  a warning that failure to pay the civil penalty or
16     to contest liability in a timely manner is an admission of
17     liability and may result in a suspension of the driving
18     privileges of the registered owner of the vehicle; and
19         (10) a statement that the person may elect to proceed
20     by:
21             (A)   paying the fine; or
22             (B)   challenging the charge in court, by mail, or
23         by administrative hearing.
24     (d)  If a person charged with a traffic violation, as a
25 result of an automated traffic law enforcement system, does not
26 pay or successfully contest the civil penalty resulting from
27 that violation, the Secretary of State shall suspend the
28 driving privileges of the registered owner of the vehicle under
29 Section 6-306.5 of this Code for failing to pay any fine or
30 penalty due and owing as a result of 5 violations of the
31 automated traffic law enforcement system.
32     (e)  Based on inspection of recorded images produced by an
33 automated traffic law enforcement system, a notice alleging
34 that the violation occurred shall be evidence of the facts

 

 

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1 contained in the notice and admissible in any proceeding
2 alleging a violation under this Section.
3     (f)  Recorded images made by an automatic traffic law
4 enforcement system are confidential and shall be made available
5 only to the alleged violator and governmental and law
6 enforcement agencies for purposes of adjudicating a violation
7 of this Section, for statistical purposes, or for other
8 governmental purposes. Any recorded image evidencing a
9 violation of this Section, however, may be admissible in any
10 proceeding resulting from the issuance of the citation.
11     (g)  The court or hearing officer may consider in defense
12 of a violation:
13         (1)  that the motor vehicle or registration plates of
14     the motor vehicle were stolen before the violation occurred
15     and not under the control of or in the possession of the
16     owner at the time of the violation;
17         (2)  that the driver of the vehicle passed through the
18     intersection when the light was red either (i) in order to
19     yield the right-of-way to an emergency vehicle or (ii) as
20     part of a funeral procession; and
21         (3)  any other evidence or issues provided by
22     municipal or county ordinance.
23     (h)  To demonstrate that the motor vehicle or the
24 registration plates were stolen before the violation occurred
25 and were not under the control or possession of the owner at
26 the time of the violation, the owner must submit proof that a
27 report concerning the stolen motor vehicle or registration
28 plates was filed with a law enforcement agency in a timely
29 manner.
30     (i)  Unless the driver of the motor vehicle received a
31 Uniform Traffic Citation from a police officer at the time of
32 the violation, the motor vehicle owner is subject to a civil
33 penalty not exceeding $250 if the motor vehicle is recorded by
34 an automated traffic law enforcement system. A violation for

 

 

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1 which a civil penalty is imposed under this Section is not a
2 violation of a traffic regulation governing the movement of
3 vehicles and may not be recorded on the driving record of the
4 owner of the vehicle.
5     (j)  An intersection equipped with an automated traffic
6 law enforcement system must be posted with a sign visible to
7 approaching traffic indicating that the intersection is being
8 monitored by an automated traffic law enforcement system.
9     (k)  The compensation paid for an automated traffic law
10 enforcement system must be based on the value of the equipment
11 or the services provided and may not be based on the number of
12 traffic citations issued or the revenue generated by the
13 system.
 
14     (625 ILCS 5/11-306)   (from Ch. 95 1/2, par. 11-306)
15     Sec. 11-306. Traffic-control signal legend. Whenever
16 traffic is controlled by traffic-control signals exhibiting
17 different colored lights or color lighted arrows, successively
18 one at a time or in combination, only the colors green, red and
19 yellow shall be used, except for special pedestrian signals
20 carrying a word legend, and the lights shall indicate and apply
21 to drivers of vehicles and pedestrians as follows:
22     (a)  Green indication.
23         1.  Vehicular traffic facing a circular green signal
24     may proceed straight through or turn right or left unless a
25     sign at such place prohibits either such turn. Vehicular
26     traffic, including vehicles turning right or left, shall
27     yield the right of way to other vehicles and to pedestrians
28     lawfully within the intersection or an adjacent crosswalk
29     at the time such signal is exhibited.
30         2.  Vehicular traffic facing a green arrow signal,
31     shown alone or in combination with another indication, may
32     cautiously enter the intersection only to make the movement
33     indicated by such arrow, or such other movement as is

 

 

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1     permitted by other indications shown at the same time. Such
2     vehicular traffic shall yield the right of way to
3     pedestrians lawfully within an adjacent crosswalk and to
4     other traffic lawfully using the intersection.
5         3.  Unless otherwise directed by a pedestrian-control
6     signal, as provided in Section 11-307, pedestrians facing
7     any green signal, except when the sole green signal is a
8     turn arrow, may proceed across the roadway within any
9     marked or unmarked crosswalk.
10     (b)  Steady yellow indication.
11         1.  Vehicular traffic facing a steady circular yellow
12     or yellow arrow signal is thereby warned that the related
13     green movement is being terminated or that a red indication
14     will be exhibited immediately thereafter.
15         2.  Pedestrians facing a steady circular yellow or
16     yellow arrow signal, unless otherwise directed by a
17     pedestrian-control signal as provided in Section 11-307,
18     are thereby advised that there is insufficient time to
19     cross the roadway before a red indication is shown and no
20     pedestrian shall then start to cross the roadway.
21     (c)  Steady red indication.
22         1.  Except as provided in paragraph 3 of this
23     subsection (c), vehicular traffic facing a steady circular
24     red signal alone shall stop at a clearly marked stop line,
25     but if there is no such stop line, before entering the
26     crosswalk on the near side of the intersection, or if there
27     is no such crosswalk, then before entering the
28     intersection, and shall remain standing until an
29     indication to proceed is shown.
30         2.  Except as provided in paragraph 3 of this
31     subsection (c), vehicular traffic facing a steady red arrow
32     signal shall not enter the intersection to make the
33     movement indicated by the arrow and, unless entering the
34     intersection to make a movement permitted by another

 

 

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1     signal, shall stop at a clearly marked stop line, but if
2     there is no such stop line, before entering the crosswalk
3     on the near side of the intersection, or if there is no
4     such crosswalk, then before entering the intersection, and
5     shall remain standing until an indication permitting the
6     movement indicated by such red arrow is shown.
7         3.  Except when a sign is in place prohibiting a turn
8     and local authorities by ordinance or State authorities by
9     rule or regulation prohibit any such turn, vehicular
10     traffic facing any steady red signal may cautiously enter
11     the intersection to turn right, or to turn left from a
12     one-way street into a one-way street, after stopping as
13     required by paragraph 1 or paragraph 2 of this subsection.
14     After stopping, the driver shall yield the right of way to
15     any vehicle in the intersection or approaching on another
16     roadway so closely as to constitute an immediate hazard
17     during the time such driver is moving across or within the
18     intersection or junction or roadways. Such driver shall
19     yield the right of way to pedestrians within the
20     intersection or an adjacent crosswalk.
21         4.  Unless otherwise directed by a pedestrian-control
22     signal as provided in Section 11-307, pedestrians facing a
23     steady circular red or red arrow signal alone shall not
24     enter the roadway.
25         5.  A municipality with a population of 1,000,000 or
26     more may enact an ordinance that provides for the use of an
27     automated red light enforcement system to enforce
28     violations of this subsection (c) that result in or involve
29     a motor vehicle accident, leaving the scene of a motor
30     vehicle accident, or reckless driving that results in
31     bodily injury.
32         This paragraph 5 is subject to prosecutorial
33     discretion that is consistent with applicable law.
34     (d)  In the event an official traffic control signal is

 

 

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1 erected and maintained at a place other than an intersection,
2 the provisions of this Section shall be applicable except as to
3 provisions which by their nature can have no application. Any
4 stop required shall be at a traffic sign or a marking on the
5 pavement indicating where the stop shall be made or, in the
6 absence of such sign or marking, the stop shall be made at the
7 signal.
8     (e)  The motorman of any streetcar shall obey the above
9 signals as applicable to vehicles.
10 (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)
 
11     (625 ILCS 5/1-105.5 rep.)
12     Section 10. The Illinois Vehicle Code is amended by
13 repealing Section 1-105.5.
 
14     Section 99. Effective date. This Act takes effect upon
15 becoming law.".