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


Sen. Emil Jones, III

Filed: 6/30/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 635 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.6 as follows:
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,



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1that produces a recorded image of a motor vehicle's violation
2of a provision of this Code or a local ordinance and is
3designed to obtain a clear recorded image of the vehicle and
4the vehicle's license plate. The recorded image must also
5display the time, date, and location of the violation.
6    (b) As used in this Section, "recorded images" means images
7recorded by an automated traffic law enforcement system on:
8        (1) 2 or more photographs;
9        (2) 2 or more microphotographs;
10        (3) 2 or more electronic images; or
11        (4) a video recording showing the motor vehicle and, on
12    at least one image or portion of the recording, clearly
13    identifying the registration plate number of the motor
14    vehicle.
15    (b-5) A municipality or county that produces a recorded
16image of a motor vehicle's violation of a provision of this
17Code or a local ordinance must make the recorded images of a
18violation accessible to the alleged violator by providing the
19alleged violator with a website address, accessible through the
21    (c) Except as provided under Section 11-208.8 of this Code,
22a county or municipality, including a home rule county or
23municipality, may not use an automated traffic law enforcement
24system to provide recorded images of a motor vehicle for the
25purpose of recording its speed. Except as provided under
26Section 11-208.8 of this Code, the regulation of the use of



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1automated traffic law enforcement systems to record vehicle
2speeds is an exclusive power and function of the State. This
3subsection (c) is a denial and limitation of home rule powers
4and functions under subsection (h) of Section 6 of Article VII
5of the Illinois Constitution.
6    (c-5) A county or municipality, including a home rule
7county or municipality, may not use an automated traffic law
8enforcement system to issue violations in instances where the
9motor vehicle comes to a complete stop and does not enter the
10intersection, as defined by Section 1-132 of this Code, during
11the cycle of the red signal indication unless one or more
12pedestrians or bicyclists are present, even if the motor
13vehicle stops at a point past a stop line or crosswalk where a
14driver is required to stop, as specified in subsection (c) of
15Section 11-306 of this Code or a similar provision of a local
17    (c-6) A county, or a municipality with less than 2,000,000
18inhabitants, including a home rule county or municipality, may
19not use an automated traffic law enforcement system to issue
20violations in instances where a motorcyclist enters an
21intersection against a red signal indication when the red
22signal fails to change to a green signal within a reasonable
23period of time not less than 120 seconds because of a signal
24malfunction or because the signal has failed to detect the
25arrival of the motorcycle due to the motorcycle's size or



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1    (d) For each violation of a provision of this Code or a
2local ordinance recorded by an automatic traffic law
3enforcement system, the county or municipality having
4jurisdiction shall issue a written notice of the violation to
5the registered owner of the vehicle as the alleged violator.
6The notice shall be delivered to the registered owner of the
7vehicle, by mail, within 30 days after the Secretary of State
8notifies the municipality or county of the identity of the
9owner of the vehicle, but in no event later than 90 days after
10the violation.
11    The notice shall include:
12        (1) the name and address of the registered owner of the
13    vehicle;
14        (2) the registration number of the motor vehicle
15    involved in the violation;
16        (3) the violation charged;
17        (4) the location where the violation occurred;
18        (5) the date and time of the violation;
19        (6) a copy of the recorded images;
20        (7) the amount of the civil penalty imposed and the
21    requirements of any traffic education program imposed and
22    the date by which the civil penalty should be paid and the
23    traffic education program should be completed;
24        (8) a statement that recorded images are evidence of a
25    violation of a red light signal;
26        (9) a warning that failure to pay the civil penalty, to



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1    complete a required traffic education program, or to
2    contest liability in a timely manner is an admission of
3    liability and may result in a suspension of the driving
4    privileges of the registered owner of the vehicle;
5        (10) a statement that the person may elect to proceed
6    by:
7            (A) paying the fine, completing a required traffic
8        education program, or both; or
9            (B) challenging the charge in court, by mail, or by
10        administrative hearing; and
11        (11) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    (e) If a person charged with a traffic violation, as a
15result of an automated traffic law enforcement system, does not
16pay the fine or complete a required traffic education program,
17or both, or successfully contest the civil penalty resulting
18from that violation, the Secretary of State shall suspend the
19driving privileges of the registered owner of the vehicle under
20Section 6-306.5 of this Code for failing to complete a required
21traffic education program or to pay any fine or penalty due and
22owing, or both, as a result of a combination of 5 violations of
23the automated traffic law enforcement system or the automated
24speed enforcement system under Section 11-208.8 of this Code.
25    (f) Based on inspection of recorded images produced by an
26automated traffic law enforcement system, a notice alleging



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1that the violation occurred shall be evidence of the facts
2contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (g) Recorded images made by an automatic traffic law
5enforcement system are confidential and shall be made available
6only to the alleged violator and governmental and law
7enforcement agencies for purposes of adjudicating a violation
8of this Section, for statistical purposes, or for other
9governmental purposes. Any recorded image evidencing a
10violation of this Section, however, may be admissible in any
11proceeding resulting from the issuance of the citation.
12    (h) The court or hearing officer may consider in defense of
13a violation:
14        (1) that the motor vehicle or registration plates of
15    the motor vehicle were stolen before the violation occurred
16    and not under the control of or in the possession of the
17    owner at the time of the violation;
18        (2) that the driver of the vehicle passed through the
19    intersection when the light was red either (i) in order to
20    yield the right-of-way to an emergency vehicle or (ii) as
21    part of a funeral procession; and
22        (3) any other evidence or issues provided by municipal
23    or county ordinance.
24    (i) To demonstrate that the motor vehicle or the
25registration plates were stolen before the violation occurred
26and were not under the control or possession of the owner at



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1the time of the violation, the owner must submit proof that a
2report concerning the stolen motor vehicle or registration
3plates was filed with a law enforcement agency in a timely
5    (j) Unless the driver of the motor vehicle received a
6Uniform Traffic Citation from a police officer at the time of
7the violation, the motor vehicle owner is subject to a civil
8penalty not exceeding $100 or the completion of a traffic
9education program, or both, plus an additional penalty of not
10more than $100 for failure to pay the original penalty or to
11complete a required traffic education program, or both, in a
12timely manner, if the motor vehicle is recorded by an automated
13traffic law enforcement system. A violation for which a civil
14penalty is imposed under this Section is not a violation of a
15traffic regulation governing the movement of vehicles and may
16not be recorded on the driving record of the owner of the
18    (j-3) A registered owner who is a holder of a valid
19commercial driver's license is not required to complete a
20traffic education program.
21    (j-5) For purposes of the required traffic education
22program only, a registered owner may submit an affidavit to the
23court or hearing officer swearing that at the time of the
24alleged violation, the vehicle was in the custody and control
25of another person. The affidavit must identify the person in
26custody and control of the vehicle, including the person's name



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1and current address. The person in custody and control of the
2vehicle at the time of the violation is required to complete
3the required traffic education program. If the person in
4custody and control of the vehicle at the time of the violation
5completes the required traffic education program, the
6registered owner of the vehicle is not required to complete a
7traffic education program.
8    (k) An intersection equipped with an automated traffic law
9enforcement system must be posted with a sign visible to
10approaching traffic indicating that the intersection is being
11monitored by an automated traffic law enforcement system.
12    (k-3) A municipality or county that has one or more
13intersections equipped with an automated traffic law
14enforcement system must provide notice to drivers by posting
15the locations of automated traffic law systems on the
16municipality or county website.
17    (k-5) An intersection equipped with an automated traffic
18law enforcement system must have a yellow change interval that
19conforms with the Illinois Manual on Uniform Traffic Control
20Devices (IMUTCD) published by the Illinois Department of
22    (k-7) A municipality or county operating an automated
23traffic law enforcement system shall conduct a statistical
24analysis to assess the safety impact of each automated traffic
25law enforcement system at an intersection following
26installation of the system. The statistical analysis shall be



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1based upon the best available crash, traffic, and other data,
2and shall cover a period of time before and after installation
3of the system sufficient to provide a statistically valid
4comparison of safety impact. The statistical analysis shall be
5consistent with professional judgment and acceptable industry
6practice. The statistical analysis also shall be consistent
7with the data required for valid comparisons of before and
8after conditions and shall be conducted within a reasonable
9period following the installation of the automated traffic law
10enforcement system. The statistical analysis required by this
11subsection (k-7) shall be made available to the public and
12shall be published on the website of the municipality or
13county. If the statistical analysis for the 36 month period
14following installation of the system indicates that there has
15been an increase in the rate of accidents at the approach to
16the intersection monitored by the system, the municipality or
17county shall undertake additional studies to determine the
18cause and severity of the accidents, and may take any action
19that it determines is necessary or appropriate to reduce the
20number or severity of the accidents at that intersection.
21    (k-10) Thirty days after the effective date of this
22amendatory Act of the 99th General Assembly, the Department
23shall conduct a study evaluating automated traffic law
24enforcement systems in this State. On or before June 30, 2017,
25the Department shall file a report with the General Assembly
26which shall include input from local law enforcement on the



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1overall operation, usage, permit process, and regulation of
2automated traffic law enforcement systems and any
3recommendations the Department deems necessary.
4    (l) The compensation paid for an automated traffic law
5enforcement system must be based on the value of the equipment
6or the services provided and may not be based on the number of
7traffic citations issued or the revenue generated by the
9    (m) This Section applies only to the counties of Cook,
10DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
11to municipalities located within those counties.
12    (n) The fee for participating in a traffic education
13program under this Section shall not exceed $25.
14    A low-income individual required to complete a traffic
15education program under this Section who provides proof of
16eligibility for the federal earned income tax credit under
17Section 32 of the Internal Revenue Code or the Illinois earned
18income tax credit under Section 212 of the Illinois Income Tax
19Act shall not be required to pay any fee for participating in a
20required traffic education program.
21    (o) A municipality or county shall make a certified report
22to the Secretary of State pursuant to Section 6-306.5 of this
23Code whenever a registered owner of a vehicle has failed to pay
24any fine or penalty due and owing as a result of a combination
25of 5 offenses for automated traffic law or speed enforcement
26system violations.



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1    (p) No person who is the lessor of a motor vehicle pursuant
2to a written lease agreement shall be liable for an automated
3speed or traffic law enforcement system violation involving
4such motor vehicle during the period of the lease; provided
5that upon the request of the appropriate authority received
6within 120 days after the violation occurred, the lessor
7provides within 60 days after such receipt the name and address
8of the lessee. The drivers license number of a lessee may be
9subsequently individually requested by the appropriate
10authority if needed for enforcement of this Section.
11    Upon the provision of information by the lessor pursuant to
12this subsection, the county or municipality may issue the
13violation to the lessee of the vehicle in the same manner as it
14would issue a violation to a registered owner of a vehicle
15pursuant to this Section, and the lessee may be held liable for
16the violation.
17(Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672,
18eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".