Full Text of SB0935 096th General Assembly
SB0935enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 11-208.3 and 11-208.6 as follows:
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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 | 8 |
| of traffic
regulations concerning the standing, parking, or | 9 |
| condition of
vehicles and automated traffic law violations.
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| (a) Any municipality may provide by ordinance for a system | 11 |
| of
administrative adjudication of vehicular standing and | 12 |
| parking violations and
vehicle compliance violations as | 13 |
| defined in this subsection and automated traffic law violations | 14 |
| as defined in Section 11-208.6 or 11-1201.1.
The administrative | 15 |
| system shall have as its purpose the fair and
efficient | 16 |
| enforcement of municipal regulations through the
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| administrative adjudication of automated traffic law | 18 |
| violations and violations of municipal ordinances
regulating | 19 |
| the standing and parking of vehicles, the condition and use of
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| vehicle equipment, and the display of municipal wheel tax | 21 |
| licenses within the
municipality's
borders. The administrative | 22 |
| system shall only have authority to adjudicate
civil offenses | 23 |
| carrying fines not in excess of $500 or requiring the |
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| completion of a traffic education program, or both, that occur | 2 |
| after the
effective date of the ordinance adopting such a | 3 |
| system under this Section.
For purposes of this Section, | 4 |
| "compliance violation" means a violation of a
municipal | 5 |
| regulation governing the condition or use of equipment on a | 6 |
| vehicle
or governing the display of a municipal wheel tax | 7 |
| license.
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| (b) Any ordinance establishing a system of administrative | 9 |
| 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, compliance, and | 12 |
| automated traffic law violation notices and other notices | 13 |
| required
by this
Section, collect money paid as fines and | 14 |
| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations, and | 16 |
| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report | 18 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 20 |
| traffic law violation notice
that
shall specify the date,
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| time, and place of violation of a parking, standing,
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| compliance, or automated traffic law
regulation; the | 23 |
| particular regulation
violated; any requirement to | 24 |
| complete a traffic education program; the fine and any | 25 |
| penalty that may be assessed for late payment or failure to | 26 |
| complete a required traffic education program, or both,
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| when so provided by ordinance; the vehicle make and state | 2 |
| registration
number; and the identification number of the
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| person issuing the notice.
With regard to automated traffic | 4 |
| law violations, vehicle make shall be specified on the | 5 |
| automated traffic law violation notice if the make is | 6 |
| available and readily discernible. With regard to | 7 |
| municipalities with a population of 1 million or more, it
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| shall be grounds for
dismissal of a parking
violation if | 9 |
| the state registration number or vehicle make specified is
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| incorrect. The violation notice shall state that the | 11 |
| completion of any required traffic education program, the | 12 |
| payment of any indicated
fine, and the payment of any | 13 |
| applicable penalty for late payment or failure to complete | 14 |
| a required traffic education program, or both, shall | 15 |
| operate as a
final disposition of the violation. The notice | 16 |
| also shall contain
information as to the availability of a | 17 |
| hearing in which the violation may
be contested on its | 18 |
| merits. The violation notice shall specify the
time and | 19 |
| manner in which 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 | 22 |
| the notice to an unlawfully parked vehicle or by
handing | 23 |
| 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 | 25 |
| notice by mail to the
address
of the registered owner of | 26 |
| the cited vehicle as recorded with the Secretary of
State |
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| within 30 days after the Secretary of State notifies the | 2 |
| municipality or county of the identity of the owner of the | 3 |
| vehicle, but in no event later than 90 days after the | 4 |
| violation. A person authorized by ordinance to issue and | 5 |
| serve parking,
standing, and compliance
violation notices | 6 |
| shall certify as to the correctness of the facts entered
on | 7 |
| the violation notice by signing his or her name to the | 8 |
| notice at
the time of service or in the case of a notice | 9 |
| produced by a computerized
device, by signing a single | 10 |
| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices | 12 |
| produced by the
device while it was under his or her | 13 |
| control. In the case of an automated traffic law violation, | 14 |
| the ordinance shall
require
a
determination by a technician | 15 |
| employed or contracted by the municipality or county that,
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| based on inspection of recorded images, the motor vehicle | 17 |
| was being operated in
violation of Section 11-208.6 or | 18 |
| 11-1201.1 or a local ordinance.
If the technician | 19 |
| determines that the
vehicle entered the intersection as | 20 |
| part of a funeral procession or in order to
yield the | 21 |
| right-of-way to an emergency vehicle, a citation shall not | 22 |
| be issued. In municipalities with a population of less than | 23 |
| 1,000,000 inhabitants and counties with a population of | 24 |
| less than 3,000,000 inhabitants, the automated traffic law | 25 |
| ordinance shall require that all determinations by a | 26 |
| technician that a motor vehicle was being operated in
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| violation of Section 11-208.6 or 11-1201.1 or a local | 2 |
| ordinance must be reviewed and approved by a law | 3 |
| enforcement officer or retired law enforcement officer of | 4 |
| the municipality or county issuing the violation. In | 5 |
| municipalities with a population of 1,000,000 or more | 6 |
| inhabitants and counties with a population of 3,000,000 or | 7 |
| more inhabitants, the automated traffic law ordinance | 8 |
| shall require that all determinations by a technician that | 9 |
| a motor vehicle was being operated in
violation of Section | 10 |
| 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | 11 |
| and approved by a law enforcement officer or retired law | 12 |
| enforcement officer of the municipality or county issuing | 13 |
| the violation or by an additional fully-trained reviewing | 14 |
| technician who is not employed by the contractor who | 15 |
| employs the technician who made the initial determination. | 16 |
| As used in this paragraph, "fully-trained reviewing | 17 |
| technician" means a person who has received at least 40 | 18 |
| hours of supervised training in subjects which shall | 19 |
| include image inspection and interpretation, the elements | 20 |
| necessary to prove a violation, license plate | 21 |
| identification, and traffic safety and management. In all | 22 |
| municipalities and counties, the automated traffic law | 23 |
| ordinance shall require that no additional fee shall be | 24 |
| charged to the alleged violator for exercising his or her | 25 |
| right to an administrative hearing, and persons shall be | 26 |
| given at least 25 days following an administrative hearing |
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| to pay any civil penalty imposed by a finding that Section | 2 |
| 11-208.6 or 11-1201.1 or a similar local ordinance has been | 3 |
| violated. The original or a
facsimile of the violation | 4 |
| notice or, in the case of a notice produced by a
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| computerized device, a printed record generated by the | 6 |
| device showing the facts
entered on the notice, shall be | 7 |
| retained by the
traffic compliance
administrator, and | 8 |
| shall be a record kept in the ordinary course of
business. | 9 |
| A parking, standing, compliance, or automated traffic law | 10 |
| violation notice issued,
signed and served in
accordance | 11 |
| with this Section, a copy of the notice, or the computer
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| generated record shall be prima facie
correct and shall be | 13 |
| prima facie evidence of the correctness of the facts
shown | 14 |
| on the notice. The notice, copy, or computer generated
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| record shall be admissible in any
subsequent | 16 |
| administrative or legal proceedings.
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| (4) An opportunity for a hearing for the registered | 18 |
| owner of the
vehicle cited in the parking, standing, | 19 |
| compliance, or automated traffic law violation notice in
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| which the owner may
contest the merits of the alleged | 21 |
| violation, and during which formal or
technical rules of | 22 |
| evidence shall not apply; provided, however, that under
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| Section 11-1306 of this Code the lessee of a vehicle cited | 24 |
| in the
violation notice likewise shall be provided an | 25 |
| opportunity for a hearing of
the same kind afforded the | 26 |
| 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 | 3 |
| oaths and to secure by
subpoena both the attendance and | 4 |
| testimony of witnesses and the production
of relevant books | 5 |
| and papers. Persons appearing at a hearing under this
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| Section may be represented by counsel at their expense. The | 7 |
| ordinance may
also provide for internal administrative | 8 |
| review following the decision of
the hearing officer.
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| (5) Service of additional notices, sent by first class | 10 |
| United States
mail, postage prepaid, to the address of the | 11 |
| registered owner of the cited
vehicle as recorded with the | 12 |
| Secretary of State or, if any notice to that address is | 13 |
| returned as undeliverable, to the last known address | 14 |
| recorded in a United States Post Office approved database,
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| or, under Section 11-1306
of this Code, to the lessee of | 16 |
| the cited vehicle at the last address known
to the lessor | 17 |
| of the cited vehicle at the time of lease or, if any notice | 18 |
| to that address is returned as undeliverable, to the last | 19 |
| known address recorded in a United States Post Office | 20 |
| approved database.
The service shall
be deemed complete as | 21 |
| of the date of deposit in the United States mail.
The | 22 |
| notices shall be in the following sequence and shall | 23 |
| include but not be
limited to the information specified | 24 |
| herein:
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| (i) A second notice of parking, standing, or | 26 |
| compliance violation. This notice shall specify the
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| date and location of the violation cited in the | 2 |
| parking,
standing,
or compliance violation
notice, the | 3 |
| particular regulation violated, the vehicle
make and | 4 |
| state registration number, any requirement to complete | 5 |
| a traffic education program, the fine and any penalty | 6 |
| that may be
assessed for late payment or failure to | 7 |
| complete a traffic education program, or both, when so | 8 |
| provided by ordinance, the availability
of a hearing in | 9 |
| which the violation may be contested on its merits, and | 10 |
| the
time and manner in which the hearing may be had. | 11 |
| The notice of violation
shall also state that failure | 12 |
| to complete a required traffic education program, to | 13 |
| pay the indicated fine and any
applicable penalty, or | 14 |
| to appear at a hearing on the merits in the time and
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| manner specified, will result in a final determination | 16 |
| of violation
liability for the cited violation in the | 17 |
| amount of the fine or penalty
indicated, and that, upon | 18 |
| the occurrence of a final determination of violation | 19 |
| liability for the failure, and the exhaustion of, or
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| failure to exhaust, available administrative or | 21 |
| judicial procedures for
review, any incomplete traffic | 22 |
| education program or any unpaid fine or penalty, or | 23 |
| both, will constitute a debt due and owing
the | 24 |
| municipality.
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| (ii) A notice of final determination of parking, | 26 |
| standing,
compliance, or automated traffic law |
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| violation liability.
This notice shall be sent | 2 |
| following a final determination of parking,
standing, | 3 |
| compliance, or automated traffic law
violation | 4 |
| liability and the conclusion of judicial review | 5 |
| procedures taken
under this Section. The notice shall | 6 |
| state that the incomplete traffic education program or | 7 |
| the unpaid fine or
penalty, or both, is a debt due and | 8 |
| owing the municipality. The notice shall contain
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| warnings that failure to complete any required traffic | 10 |
| education program or to pay any fine or penalty due and | 11 |
| owing the
municipality, or both, within the time | 12 |
| specified may result in the municipality's
filing of a | 13 |
| petition in the Circuit Court to have the incomplete | 14 |
| traffic education program or unpaid
fine or penalty, or | 15 |
| both, rendered a judgment as provided by this Section, | 16 |
| or may
result in suspension of the person's drivers | 17 |
| license for failure to complete a traffic education | 18 |
| program or to pay
fines or penalties, or both, for 10 | 19 |
| or more parking violations under Section 6-306.5 or 5 | 20 |
| or more automated traffic law violations under Section | 21 |
| 11-208.6.
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| (6) A notice of impending drivers license suspension. | 23 |
| This
notice shall be sent to the person liable for failure | 24 |
| to complete a required traffic education program or to pay | 25 |
| any fine or penalty that
remains due and owing, or both, on | 26 |
| 10 or more parking
violations or 5 or more unpaid automated |
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| traffic law violations. The notice
shall state that failure | 2 |
| to complete a required traffic education program or to pay | 3 |
| the fine or penalty owing, or both, within 45 days of
the | 4 |
| notice's date will result in the municipality notifying the | 5 |
| Secretary
of State that the person is eligible for | 6 |
| initiation of suspension
proceedings under Section 6-306.5 | 7 |
| of this Code. The notice shall also state
that the person | 8 |
| may obtain a photostatic copy of an original ticket | 9 |
| imposing a
fine or penalty by sending a self addressed, | 10 |
| stamped envelope to the
municipality along with a request | 11 |
| for the photostatic copy.
The notice of impending
drivers | 12 |
| license suspension shall be sent by first class United | 13 |
| States mail,
postage prepaid, to the address recorded with | 14 |
| the Secretary of State or, if any notice to that address is | 15 |
| returned as undeliverable, to the last known address | 16 |
| recorded in a United States Post Office approved database.
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| (7) Final determinations of violation liability. A | 18 |
| final
determination of violation liability shall occur | 19 |
| following failure to complete the required traffic | 20 |
| education program or
to pay the fine or penalty, or both, | 21 |
| after a hearing officer's determination of violation | 22 |
| liability and the exhaustion of or failure to exhaust any
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| administrative review procedures provided by ordinance. | 24 |
| Where a person
fails to appear at a hearing to contest the | 25 |
| alleged violation in the time
and manner specified in a | 26 |
| prior mailed notice, the hearing officer's
determination |
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| of violation liability shall become final: (A) upon
denial | 2 |
| of a timely petition to set aside that determination, or | 3 |
| (B) upon
expiration of the period for filing the petition | 4 |
| without a
filing having been made.
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| (8) A petition to set aside a determination of parking, | 6 |
| standing,
compliance, or automated traffic law violation
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| liability that may be filed by a person owing an unpaid | 8 |
| fine or penalty. A petition to set aside a determination of | 9 |
| liability may also be filed by a person required to | 10 |
| complete a traffic education program.
The petition shall be | 11 |
| filed with and ruled upon by the traffic compliance
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| administrator in the manner and within the time specified | 13 |
| by ordinance.
The grounds for the petition may be limited | 14 |
| to: (A) the person not having
been the owner or lessee of | 15 |
| the cited vehicle on the date the
violation notice was | 16 |
| issued, (B) the person having already completed the | 17 |
| required traffic education program or paid the fine or
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| penalty, or both, for the violation in question, and (C) | 19 |
| excusable failure to
appear at or
request a new date for a | 20 |
| hearing.
With regard to municipalities with a population of | 21 |
| 1 million or more, it
shall be grounds for
dismissal of a
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| parking violation if the state registration number, or | 23 |
| vehicle make if specified, is
incorrect. After the | 24 |
| determination of
parking, standing, compliance, or | 25 |
| automated traffic law violation liability has been set | 26 |
| aside
upon a showing of just
cause, the registered owner |
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| shall be provided with a hearing on the merits
for that | 2 |
| violation.
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| (9) Procedures for non-residents. Procedures by which | 4 |
| persons who are
not residents of the municipality may | 5 |
| contest the merits of the alleged
violation without | 6 |
| attending a hearing.
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| (10) A schedule of civil fines for violations of | 8 |
| vehicular standing,
parking, compliance, or automated | 9 |
| traffic law regulations enacted by ordinance pursuant to | 10 |
| this
Section, and a
schedule of penalties for late payment | 11 |
| of the fines or failure to complete required traffic | 12 |
| education programs, provided, however,
that the total | 13 |
| amount of the fine and penalty for any one violation shall
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| not exceed $250, except as provided in subsection (c) of | 15 |
| Section 11-1301.3 of this Code.
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| (11) Other provisions as are necessary and proper to | 17 |
| carry into
effect the powers granted and purposes stated in | 18 |
| this Section.
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| (c) Any municipality establishing vehicular standing, | 20 |
| parking,
compliance, or automated traffic law
regulations | 21 |
| under this Section may also provide by ordinance for a
program | 22 |
| of vehicle immobilization for the purpose of facilitating
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| enforcement of those regulations. The program of vehicle
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| immobilization shall provide for immobilizing any eligible | 25 |
| vehicle upon the
public way by presence of a restraint in a | 26 |
| manner to prevent operation of
the vehicle. Any ordinance |
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| establishing a program of vehicle
immobilization under this | 2 |
| Section shall provide:
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| (1) Criteria for the designation of vehicles eligible | 4 |
| for
immobilization. A vehicle shall be eligible for | 5 |
| immobilization when the
registered owner of the vehicle has | 6 |
| accumulated the number of incomplete traffic education | 7 |
| programs or unpaid final
determinations of parking, | 8 |
| standing, compliance, or automated traffic law violation | 9 |
| liability, or both, as
determined by ordinance.
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| (2) A notice of impending vehicle immobilization and a | 11 |
| right to a
hearing to challenge the validity of the notice | 12 |
| by disproving liability
for the incomplete traffic | 13 |
| education programs or unpaid final determinations of | 14 |
| parking, standing, compliance, or automated traffic law
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| violation liability, or both, listed
on the notice.
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| (3) The right to a prompt hearing after a vehicle has | 17 |
| been immobilized
or subsequently towed without the | 18 |
| completion of the required traffic education program or | 19 |
| payment of the outstanding fines and
penalties on parking, | 20 |
| standing, compliance, or automated traffic law violations, | 21 |
| or both, for which final
determinations have been
issued. | 22 |
| An order issued after the hearing is a final administrative
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| decision within the meaning of Section 3-101 of the Code of | 24 |
| Civil Procedure.
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| (4) A post immobilization and post-towing notice | 26 |
| advising the registered
owner of the vehicle of the right |
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| to a hearing to challenge the validity
of the impoundment.
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| (d) Judicial review of final determinations of parking, | 3 |
| standing,
compliance, or automated traffic law
violations and | 4 |
| final administrative decisions issued after hearings
regarding | 5 |
| vehicle immobilization and impoundment made
under this Section | 6 |
| shall be subject to the provisions of
the Administrative Review | 7 |
| Law.
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| (e) Any fine, penalty, incomplete traffic education | 9 |
| program, or part of any fine or any penalty remaining
unpaid | 10 |
| after the exhaustion of, or the failure to exhaust, | 11 |
| administrative
remedies created under this Section and the | 12 |
| conclusion of any judicial
review procedures shall be a debt | 13 |
| due and owing the municipality and, as
such, may be collected | 14 |
| in accordance with applicable law. Completion of any required | 15 |
| traffic education program and payment in full
of any fine or | 16 |
| penalty resulting from a standing, parking,
compliance, or | 17 |
| automated traffic law violation shall
constitute a final | 18 |
| disposition of that violation.
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| (f) After the expiration of the period within which | 20 |
| judicial review may
be sought for a final determination of | 21 |
| parking, standing, compliance, or automated traffic law
| 22 |
| violation, the municipality
may commence a proceeding in the | 23 |
| Circuit Court for purposes of obtaining a
judgment on the final | 24 |
| determination of violation. Nothing in this
Section shall | 25 |
| prevent a municipality from consolidating multiple final
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| determinations of parking, standing, compliance, or automated |
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| traffic law violations against a
person in a proceeding.
Upon | 2 |
| commencement of the action, the municipality shall file a | 3 |
| certified
copy or record of the final determination of parking, | 4 |
| standing, compliance, or automated traffic law
violation, | 5 |
| which shall be
accompanied by a certification that recites | 6 |
| facts sufficient to show that
the final determination of | 7 |
| violation was
issued in accordance with this Section and the | 8 |
| applicable municipal
ordinance. Service of the summons and a | 9 |
| copy of the petition may be by
any method provided by Section | 10 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 11 |
| return receipt requested, provided that the total amount of
| 12 |
| fines and penalties for final determinations of parking, | 13 |
| standing,
compliance, or automated traffic law violations does | 14 |
| not
exceed $2500. If the court is satisfied that the final | 15 |
| determination of
parking, standing, compliance, or automated | 16 |
| traffic law violation was entered in accordance with
the | 17 |
| requirements of
this Section and the applicable municipal | 18 |
| ordinance, and that the registered
owner or the lessee, as the | 19 |
| case may be, had an opportunity for an
administrative hearing | 20 |
| and for judicial review as provided in this Section,
the court | 21 |
| shall render judgment in favor of the municipality and against
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| the registered owner or the lessee for the amount indicated in | 23 |
| the final
determination of parking, standing, compliance, or | 24 |
| automated traffic law violation, plus costs.
The judgment shall | 25 |
| have
the same effect and may be enforced in the same manner as | 26 |
| other judgments
for the recovery of money.
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| (g) The fee for participating in a traffic education | 2 |
| program under this Section shall not exceed $25. | 3 |
| A low-income individual required to complete a traffic | 4 |
| education program under this Section who provides proof of | 5 |
| eligibility for the federal earned income tax credit under | 6 |
| Section 32 of the Internal Revenue Code or the Illinois earned | 7 |
| income tax credit under Section 212 of the Illinois Income Tax | 8 |
| Act shall not be required to pay any fee for participating in a | 9 |
| required traffic education program. | 10 |
| (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | 11 |
| 96-478, eff. 1-1-10; revised 9-4-09.)
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| (625 ILCS 5/11-208.6)
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| Sec. 11-208.6. Automated traffic law enforcement system.
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| (a) As used in this Section, "automated traffic law | 15 |
| enforcement
system" means a device with one or more motor | 16 |
| vehicle sensors working
in conjunction with a red light signal | 17 |
| to produce recorded images of
motor vehicles entering an | 18 |
| intersection against a red signal
indication in violation of | 19 |
| Section 11-306 of this Code or a similar provision
of a local | 20 |
| ordinance.
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| An
automated traffic law enforcement system is a system, in | 22 |
| a municipality or
county operated by a
governmental agency, | 23 |
| that
produces a recorded image of a motor vehicle's
violation | 24 |
| of a provision of this Code or a local ordinance
and is | 25 |
| designed to obtain a clear recorded image of the
vehicle and |
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| the vehicle's license plate. The recorded image must also
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| display the time, date, and location of the violation.
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| (b) As used in this Section, "recorded images" means images
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| recorded by an automated traffic law enforcement system on:
| 5 |
| (1) 2 or more photographs;
| 6 |
| (2) 2 or more microphotographs;
| 7 |
| (3) 2 or more electronic images; or
| 8 |
| (4) a video recording showing the motor vehicle and, on | 9 |
| at
least one image or portion of the recording, clearly | 10 |
| identifying the
registration plate number of the motor | 11 |
| vehicle.
| 12 |
| (b-5) A municipality or
county that
produces a recorded | 13 |
| image of a motor vehicle's
violation of a provision of this | 14 |
| Code or a local ordinance must make the recorded images of a | 15 |
| violation accessible to the alleged violator by providing the | 16 |
| alleged violator with a website address, accessible through the | 17 |
| Internet. | 18 |
| (c) A county or municipality, including a home rule county | 19 |
| or municipality, may not use an automated traffic law | 20 |
| enforcement system to provide recorded images of a motor | 21 |
| vehicle for the purpose of recording its speed. The regulation | 22 |
| of the use of automated traffic law enforcement systems to | 23 |
| record vehicle speeds is an exclusive power and function of the | 24 |
| State. This subsection (c) is a denial and limitation of home | 25 |
| rule powers and functions under subsection (h) of Section 6 of | 26 |
| Article VII of the Illinois Constitution.
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| (c-5) A county or municipality, including a home rule | 2 |
| county or municipality, may not use an automated traffic law | 3 |
| enforcement system to issue violations in instances where the | 4 |
| motor vehicle comes to a complete stop and does not enter the | 5 |
| intersection, as defined by Section 1-132 of this Code, during | 6 |
| the cycle of the red signal indication unless one or more | 7 |
| pedestrians or bicyclists are present, even if the motor | 8 |
| vehicle stops at a point past a stop line or crosswalk where a | 9 |
| driver is required to stop, as specified in subsection (c) of | 10 |
| Section 11-306 of this Code or a similar provision of a local | 11 |
| ordinance. | 12 |
| (d) For each violation of a provision of this Code or a | 13 |
| local ordinance
recorded by an automatic
traffic law | 14 |
| enforcement system, the county or municipality having
| 15 |
| jurisdiction shall issue a written notice of the
violation to | 16 |
| the registered owner of the vehicle as the alleged
violator. | 17 |
| The notice shall be delivered to the registered
owner of the | 18 |
| vehicle, by mail, within 30 days after the Secretary of State | 19 |
| notifies the municipality or county of the identity of the | 20 |
| owner of the vehicle, but in no event later than 90 days after | 21 |
| the violation.
| 22 |
| The notice shall include:
| 23 |
| (1) the name and address of the registered owner of the
| 24 |
| vehicle;
| 25 |
| (2) the registration number of the motor vehicle
| 26 |
| involved in the violation;
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| (3) the violation charged;
| 2 |
| (4) the location where the violation occurred;
| 3 |
| (5) the date and time of the violation;
| 4 |
| (6) a copy of the recorded images;
| 5 |
| (7) the amount of the civil penalty imposed and the | 6 |
| requirements of any traffic education program imposed and | 7 |
| the date
by which the civil penalty should be paid and the | 8 |
| traffic education program should be completed;
| 9 |
| (8) a statement that recorded images are evidence of a
| 10 |
| violation of a red light signal;
| 11 |
| (9) a warning that failure to pay the civil penalty, to | 12 |
| complete a required traffic education program, or to
| 13 |
| contest liability in a timely manner is an admission of
| 14 |
| liability and may result in a suspension of the driving
| 15 |
| privileges of the registered owner of the vehicle; and
| 16 |
| (10) a statement that the person may elect to proceed | 17 |
| by:
| 18 |
| (A) paying the fine, completing a required traffic | 19 |
| education program, or both; or
| 20 |
| (B) challenging the charge in court, by mail, or by | 21 |
| administrative hearing ; and .
| 22 |
| (11) a website address, accessible through the | 23 |
| Internet, where the person may view the recorded images of | 24 |
| the violation. | 25 |
| (e) If a person
charged with a traffic violation, as a | 26 |
| result of an automated traffic law
enforcement system, does not |
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| pay the fine or complete a required traffic education program, | 2 |
| or both, or successfully contest the civil
penalty resulting | 3 |
| from that violation, the Secretary of State shall suspend the
| 4 |
| driving privileges of the
registered owner of the vehicle under | 5 |
| Section 6-306.5 of this Code for failing
to complete a required | 6 |
| traffic education program or to pay any fine or penalty
due and | 7 |
| owing, or both, as a result of 5 violations of the automated | 8 |
| traffic law
enforcement system.
| 9 |
| (f) Based on inspection of recorded images produced by an
| 10 |
| automated traffic law enforcement system, a notice alleging | 11 |
| that the violation occurred shall be evidence of the facts | 12 |
| contained
in the notice and admissible in any proceeding | 13 |
| alleging a
violation under this Section.
| 14 |
| (g) Recorded images made by an automatic traffic law
| 15 |
| enforcement system are confidential and shall be made
available | 16 |
| only to the alleged violator and governmental and
law | 17 |
| enforcement agencies for purposes of adjudicating a
violation | 18 |
| of this Section, for statistical purposes, or for other | 19 |
| governmental purposes. Any recorded image evidencing a
| 20 |
| violation of this Section, however, may be admissible in
any | 21 |
| proceeding resulting from the issuance of the citation.
| 22 |
| (h) The court or hearing officer may consider in defense of | 23 |
| a violation:
| 24 |
| (1) that the motor vehicle or registration plates of | 25 |
| the motor
vehicle were stolen before the violation occurred | 26 |
| and not
under the control of or in the possession of the |
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| owner at
the time of the violation;
| 2 |
| (2) that the driver of the vehicle passed through the
| 3 |
| intersection when the light was red either (i) in order to
| 4 |
| yield the right-of-way to an emergency vehicle or (ii) as
| 5 |
| part of a funeral procession; and
| 6 |
| (3) any other evidence or issues provided by municipal | 7 |
| or county ordinance.
| 8 |
| (i) To demonstrate that the motor vehicle or the | 9 |
| registration
plates were stolen before the violation occurred | 10 |
| and were not under the
control or possession of the owner at | 11 |
| the time of the violation, the
owner must submit proof that a | 12 |
| report concerning the stolen
motor vehicle or registration | 13 |
| plates was filed with a law enforcement agency in a timely | 14 |
| manner.
| 15 |
| (j) Unless the driver of the motor vehicle received a | 16 |
| Uniform
Traffic Citation from a police officer at the time of | 17 |
| the violation,
the motor vehicle owner is subject to a civil | 18 |
| penalty not exceeding
$100 or the completion of a traffic | 19 |
| education program, or both, plus an additional penalty of not | 20 |
| more than $100 for failure to pay the original penalty or to | 21 |
| complete a required traffic education program, or both, in a | 22 |
| timely manner, if the motor vehicle is recorded by an automated | 23 |
| traffic law
enforcement system. A violation for which a civil | 24 |
| penalty is imposed
under this Section is not a violation of a | 25 |
| traffic regulation governing
the movement of vehicles and may | 26 |
| not be recorded on the driving record
of the owner of the |
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| vehicle.
| 2 |
| (j-3) A registered owner who is a holder of a valid | 3 |
| commercial driver's license is not required to complete a | 4 |
| traffic education program. | 5 |
| (j-5) For purposes of the required traffic education | 6 |
| program only, a registered owner may submit an affidavit to the | 7 |
| court or hearing officer swearing that at the time of the | 8 |
| alleged violation, the vehicle was in the custody and control | 9 |
| of another person. The affidavit must identify the person in | 10 |
| custody and control of the vehicle, including the person's name | 11 |
| and current address. The person in custody and control of the | 12 |
| vehicle at the time of the violation is required to complete | 13 |
| the required traffic education program. If the person in | 14 |
| custody and control of the vehicle at the time of the violation | 15 |
| completes the required traffic education program, the | 16 |
| registered owner of the vehicle is not required to complete a | 17 |
| traffic education program. | 18 |
| (k) An intersection equipped with an automated traffic law
| 19 |
| enforcement system must be posted with a sign visible to | 20 |
| approaching traffic
indicating that the intersection is being | 21 |
| monitored by an automated
traffic law enforcement system. | 22 |
| (k-3) A municipality or
county that has one or more | 23 |
| intersections equipped with an automated traffic law
| 24 |
| enforcement system must provide notice to drivers by posting | 25 |
| the locations of automated traffic law systems on the | 26 |
| municipality or county website.
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| (k-5) An intersection equipped with an automated traffic | 2 |
| law
enforcement system must have a yellow change interval that | 3 |
| conforms with the Illinois Manual on Uniform Traffic Control | 4 |
| Devices (IMUTCD) published by the Illinois Department of | 5 |
| Transportation. | 6 |
| (k-7) A municipality or county operating an automated | 7 |
| traffic law enforcement system shall conduct a statistical | 8 |
| analysis to assess the safety impact of each automated traffic | 9 |
| law enforcement system at an intersection following | 10 |
| installation of the system. The statistical analysis shall be | 11 |
| based upon the best available crash, traffic, and other data, | 12 |
| and shall cover a period of time before and after installation | 13 |
| of the system sufficient to provide a statistically valid | 14 |
| comparison of safety impact. The statistical analysis shall be | 15 |
| consistent with professional judgment and acceptable industry | 16 |
| practice. The statistical analysis also shall be consistent | 17 |
| with the data required for valid comparisons of before and | 18 |
| after conditions and shall be conducted within a reasonable | 19 |
| period following the installation of the automated traffic law | 20 |
| enforcement system. The statistical analysis required by this | 21 |
| subsection (k-7) shall be made available to the public and | 22 |
| shall be published on the website of the municipality or | 23 |
| county. If the statistical analysis for the 36 month period | 24 |
| following installation of the system indicates that there has | 25 |
| been an increase in the rate of accidents at the approach to | 26 |
| the intersection monitored by the system, the municipality or |
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| county shall undertake additional studies to determine the | 2 |
| cause and severity of the accidents, and may take any action | 3 |
| that it determines is necessary or appropriate to reduce the | 4 |
| number or severity of the accidents at that intersection. | 5 |
| (l) The compensation paid for an automated traffic law | 6 |
| enforcement system
must be based on the value of the equipment | 7 |
| or the services provided and may
not be based on the number of | 8 |
| traffic citations issued or the revenue generated
by the | 9 |
| system.
| 10 |
| (m) This Section applies only to the counties of Cook, | 11 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 12 |
| to municipalities located within those counties.
| 13 |
| (n) The fee for participating in a traffic education | 14 |
| program under this Section shall not exceed $25. | 15 |
| A low-income individual required to complete a traffic | 16 |
| education program under this Section who provides proof of | 17 |
| eligibility for the federal earned income tax credit under | 18 |
| Section 32 of the Internal Revenue Code or the Illinois earned | 19 |
| income tax credit under Section 212 of the Illinois Income Tax | 20 |
| Act shall not be required to pay any fee for participating in a | 21 |
| required traffic education program. | 22 |
| (o) A municipality or county shall make a certified report | 23 |
| to the Secretary of State pursuant to Section 6-306.5 of this | 24 |
| Code whenever a registered owner of a vehicle has failed to pay | 25 |
| any
fine or penalty due and owing as a result of 5 offenses for | 26 |
| automated traffic
law violations. |
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| (Source: P.A. 96-288, eff. 8-11-09.)
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|