Full Text of SB2103 97th General Assembly
SB2103sam001 97TH GENERAL ASSEMBLY | Sen. Martin A. Sandoval Filed: 3/9/2011
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| 1 | | AMENDMENT TO SENATE BILL 2103
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2103 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 11-612 and 12-610.5 as follows: | 6 | | (625 ILCS 5/11-612)
| 7 | | Sec. 11-612. Certain systems to record vehicle speeds | 8 | | prohibited. Except as authorized in the Automated Traffic | 9 | | Control Systems in Highway Construction , or Maintenance , or | 10 | | High-Fatality Zones Act, no photographic, video, or other | 11 | | imaging system may be used in this State to record vehicle | 12 | | speeds for the purpose of enforcing any law or ordinance | 13 | | regarding a maximum or minimum speed limit unless a law | 14 | | enforcement officer is present at the scene and witnesses the | 15 | | event. No State or local governmental entity, including a home | 16 | | rule county or municipality, may use such a system in a way |
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| 1 | | that is prohibited by this Section. The regulation of the use | 2 | | of such systems is an exclusive power and function of the | 3 | | State. This Section is a denial and limitation of home rule | 4 | | powers and functions under subsection (h) of Section 6 of | 5 | | Article VII of the Illinois Constitution.
| 6 | | (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 7 | | 94-814, eff. 1-1-07.)
| 8 | | (625 ILCS 5/12-610.5)
| 9 | | Sec. 12-610.5. Registration plate covers.
| 10 | | (a) In this Section, "registration plate cover" means any | 11 | | tinted, colored, painted, marked, clear, or illuminated object | 12 | | that is designed to: | 13 | | (1) cover any of the characters of a motor vehicle's | 14 | | registration plate; or | 15 | | (2) distort a recorded image of any of the characters | 16 | | of a motor vehicle's registration plate recorded by an | 17 | | automated traffic law
enforcement system as defined in | 18 | | Section 11-208.6
of this Code or recorded by an automated | 19 | | traffic control system as defined in Section 15 of the | 20 | | Automated Traffic Control Systems in Highway Construction , | 21 | | or Maintenance , or High-Fatality Zones Act.
| 22 | | (b) It shall be unlawful to operate any motor vehicle that | 23 | | is equipped with
registration plate covers. | 24 | | (c) A person may not sell or offer for sale a registration | 25 | | plate cover. |
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| 1 | | (d) A person may not advertise for the purpose of promoting | 2 | | the sale of registration plate covers.
| 3 | | (e) A violation of this Section or a similar provision of a | 4 | | local ordinance
shall be an offense against laws and ordinances | 5 | | regulating the movement of
traffic.
| 6 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 7 | | Section 10. The Automated Traffic Control Systems in | 8 | | Highway Construction or Maintenance Zones Act is amended by | 9 | | changing Sections 1, 5, 10, 15, 25, and 30 and by adding | 10 | | Section 50 as follows: | 11 | | (625 ILCS 7/1)
| 12 | | Sec. 1. Short title. This Act may be cited as the Automated | 13 | | Traffic Control Systems in Highway Construction , or | 14 | | Maintenance , or High-Fatality Zones Act.
| 15 | | (Source: P.A. 93-947, eff. 8-19-04.) | 16 | | (625 ILCS 7/5)
| 17 | | Sec. 5. Purpose. The purpose of this Act is to increase | 18 | | safety in highway construction , or maintenance , or | 19 | | high-fatality zones.
| 20 | | (Source: P.A. 93-947, eff. 8-19-04.) | 21 | | (625 ILCS 7/10)
| 22 | | Sec. 10. Establishment of automated control systems.
The |
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| 1 | | Department of State Police may establish an automated traffic | 2 | | control system in any construction , or maintenance , or | 3 | | high-fatality zone established by the Department of | 4 | | Transportation or the Illinois State Toll Highway Authority. An | 5 | | automated traffic control system in a construction or | 6 | | maintenance zone may operate only during those periods when | 7 | | workers are present in the construction or maintenance zone. In | 8 | | any prosecution based upon evidence obtained through an | 9 | | automated traffic control system established under this Act, | 10 | | the State must prove that one or more workers were present in | 11 | | the construction or maintenance zone when the violation | 12 | | occurred.
| 13 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 14 | | 94-814, eff. 1-1-07.) | 15 | | (625 ILCS 7/15)
| 16 | | Sec. 15. Definitions. As used in this Act: | 17 | | (a) "Automated traffic control system" means a | 18 | | photographic device, radar device, laser device, or other | 19 | | electrical or mechanical device or devices installed in a | 20 | | construction, maintenance, or high-fatality zone designed to | 21 | | record the speed of a vehicle and obtain a clear photograph or | 22 | | other recorded image of the vehicle, the vehicle operator, and | 23 | | the vehicle's registration plate while the driver is violating | 24 | | Section 11-605.1 of the Illinois Vehicle Code. The photograph | 25 | | or other recorded image must also display the time, date, and |
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| 1 | | location of the violation. A law enforcement officer is not | 2 | | required to be present or to witness the violation. | 3 | | (b) "Construction or maintenance zone" means an area in | 4 | | which the Department of Transportation or the Illinois State | 5 | | Toll Highway Authority has determined that the preexisting | 6 | | established speed limit through a highway construction or | 7 | | maintenance project is greater than is reasonable or safe with
| 8 | | respect to the conditions expected to exist in the construction | 9 | | or maintenance
zone and has posted a lower speed limit with a | 10 | | highway construction or maintenance zone special speed limit | 11 | | sign in accordance with Section 11-605.1 of the Illinois | 12 | | Vehicle Code. | 13 | | (c) "Owner" means the person or entity to whom the vehicle | 14 | | is registered.
| 15 | | (d) "High-fatality zone" means an area in which the | 16 | | Department of Transportation or the Illinois State Toll Highway | 17 | | Authority has determined that the number of fatal accidents | 18 | | which have occurred in the area is such that an automated speed | 19 | | enforcement system is warranted. | 20 | | (Source: P.A. 93-947, eff. 8-19-04.) | 21 | | (625 ILCS 7/25)
| 22 | | Sec. 25. Limitations on the use of automated traffic | 23 | | enforcement systems. | 24 | | (a) The Department of State Police must conduct a public | 25 | | information campaign to inform drivers about the use of |
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| 1 | | automated traffic
control systems in highway construction , or | 2 | | maintenance , or high-fatality zones before establishing any of | 3 | | those systems. The information campaign must provide 30 days' | 4 | | notice of the use of a new automated traffic control system | 5 | | prior to the issuance of any citations through the automated | 6 | | traffic control system. The Department of State Police shall | 7 | | adopt rules for implementing this subsection (a). | 8 | | (b) Signs indicating that speeds are enforced by automated | 9 | | traffic control systems must be clearly posted in the areas | 10 | | where the systems are in use. The signs shall contain the | 11 | | amount of the fine for a violation. | 12 | | (c) Operation of automated traffic control systems is | 13 | | limited to areas where road construction or maintenance is | 14 | | occurring. | 15 | | (d) Photographs obtained in this manner may only be used as | 16 | | evidence in relation to a violation of Section 11-605.1 of the | 17 | | Illinois Vehicle Code for which the photograph is taken. The | 18 | | photographs are available only to the owner of the vehicle, the | 19 | | offender and the offender's attorney, the judiciary, the local | 20 | | State's Attorney, and law enforcement officials. | 21 | | (e) If the driver of the vehicle cannot be identified | 22 | | through the photograph, the owner is not liable for the fine, | 23 | | and the citation may not be counted against the driving record | 24 | | of the owner. If the driver can be identified, the driver is | 25 | | liable for the fine, and the violation is counted against his | 26 | | or her driving record.
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| 1 | | (Source: P.A. 93-947, eff. 8-19-04.) | 2 | | (625 ILCS 7/30)
| 3 | | Sec. 30. Requirements for issuance of a citation. | 4 | | (a) The vehicle, vehicle operator, vehicle registration | 5 | | plate, speed, date, time, and location must be clearly visible | 6 | | on the photograph or other recorded image of the alleged | 7 | | violation. | 8 | | (b) A Uniform Traffic Citation must be mailed or otherwise | 9 | | delivered to the registered owner of the vehicle. If mailed, | 10 | | the citation must be sent via certified mail within 14
business | 11 | | days of the alleged violation, return receipt requested. | 12 | | (c) The Uniform Traffic Citation must include: | 13 | | (1) the name and address of the vehicle owner; | 14 | | (2) the registration number of the vehicle; | 15 | | (3) the offense charged; | 16 | | (4) the time, date, and location of the violation; | 17 | | (5) the first available court date; and
| 18 | | (6) notice that the basis of the citation is the | 19 | | photograph or recorded image from the automated traffic | 20 | | control system ; and . | 21 | | (7) a copy of the recorded image or images. | 22 | | (d) The Uniform Traffic Citation issued to the violator | 23 | | must be accompanied by a written document that lists the | 24 | | violator's rights and obligations and explains how the violator | 25 | | can elect to proceed by either paying the fine or challenging |
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| 1 | | the issuance of the Uniform Traffic Citation.
| 2 | | (Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06; | 3 | | 94-814, eff. 1-1-07.) | 4 | | (625 ILCS 7/50 new) | 5 | | Sec. 50. Construction of Act. If any Section, sentence, | 6 | | clause, or part of this Act is for
any reason held to be | 7 | | unconstitutional, such decision shall not affect
the remaining | 8 | | portions of this Act. The General Assembly hereby declares
that | 9 | | it would have passed this Act, and each Section, sentence, | 10 | | clause,
or part thereof, irrespective of the fact that one or | 11 | | more Sections,
sentences, clauses, or parts might be declared | 12 | | unconstitutional. ".
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