HB 3175

Select Language
  ×
The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.
Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.
The English language version is always the official and authoritative version of this website.
NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.
  Choose Language
  English
  Afrikaans
  Albanian
  Arabic
  Armenian
  Azerbaijani
  Basque
  Bengali
  Bosnian
  Catalan
  Croatian
  Czech
  Danish
  Dutch
  Esperanto
  Estonian
  Filipino
  Finnish
  French
  Galician
  Georgian
  German
  Greek
  Gujarati
  Haitian Creole
  Hausa
  Hawaiian
  Hebrew
  Hindi
  Hungarian
  Icelandic
  Indonesian
  Interlingua
  Interlingue
  Inuktitut
  Irish
  Italian
  Japanese
  Javanese
  Kannada
  Khmer
  Korean
  Latin
  Latvian
  Lithuanian
  Luxembourgish
  Macedonian
  Malagasy
  Malayalam
  Maltese
  Maori
  Marathi
  Myanmar
  Nepali
  Norwegian
  Odia
  Pashto
  Punjabi
  Romanian
  Russian
  Samoan
  Sango
  Sanskrit
  Sardinian
  Sindhi
  Sinhala
  Slovak
  Slovenian
  Somali
  Southern Sotho
  Spanish
  Sundanese
  Swahili
  Swedish
  Tamil
  Telugu
  Thai
  Tigrinya
  Tonga
  Turkish
  Ukrainian
  Urdu
  Vietnamese
  Welsh
  Xhosa
  Yiddish
  Yoruba
  Zulu
  Powered by Translate
  Close
Illinois General Assembly
Top Navigation Bar
  Translate
  Learn
  Select General Assembly
  Search the 104th General Assembly
  Enter search terms for legislation, members, committees, or schedules.
  ILGA.GOV
Mobile Top Bar
  Search the 104th General Assembly
  Enter keywords to search the Illinois General Assembly website.
Full Text of HB3175
Home
Legislation
Full Text
	HB3175 - 104th General Assembly
		Bill Status
		Full Text
		Votes
		Witness Slips
	Select Menu
	Bill Status
	Full Text
	Votes
	Witness Slips
	Printer Friendly Version
			Introduced
			Engrossed
			Enrolled
			Senate Amendment 001
			Public Act
		Printer Friendly Version
		Introduced
		Engrossed
		Enrolled
		Senate Amendment 001
		Public Act
			 Open PDF
		HB3175 Enrolled		LRB104 09887 LNS 19956 b
1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208.9 as follows:
6    (625 ILCS 5/11-208.9)
7    Sec. 11-208.9. Automated traffic law enforcement system;
8approaching, overtaking, and passing a school bus.
9    (a) As used in this Section, "automated traffic law
10enforcement system" means a device with one or more motor
11vehicle sensors working in conjunction with the visual signals
12on a school bus, as specified in Sections 12-803 and 12-805 of
13this Code, to produce recorded images of motor vehicles that
14fail to stop before meeting or overtaking, from either
15direction, any school bus stopped at any location for the
16purpose of receiving or discharging pupils in violation of
17Section 11-1414 of this Code or a similar provision of a local
18ordinance.
19    An automated traffic law enforcement system is a system,
20in a municipality or county operated by a governmental agency,
21that produces a recorded image of a motor vehicle's violation
22of a provision of this Code or a local ordinance and is
23designed to obtain a clear recorded image of the vehicle and
		HB3175 Enrolled	- 2 -	LRB104 09887 LNS 19956 b
1the vehicle's license plate. The recorded image must also
2display the time, date, and location of the violation.
3    (b) As used in this Section, "recorded images" means
4images recorded by an automated traffic law enforcement system
5on:
6        (1) 2 or more photographs;
7        (2) 2 or more microphotographs;
8        (3) 2 or more electronic images; or
9        (4) a video recording showing the motor vehicle and,
10    on at least one image or portion of the recording, clearly
11    identifying the registration plate or digital registration
12    plate number of the motor vehicle.
13    (c) A municipality or county that produces a recorded
14image of a motor vehicle's violation of a provision of this
15Code or a local ordinance must make the recorded images of a
16violation accessible to the alleged violator by providing the
17alleged violator with a website address, accessible through
18the Internet.
19    (d) For each violation of a provision of this Code or a
20local ordinance recorded by an automated traffic law
21enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle, who shall be liable for 
24the violation unless otherwise provided in this Section [as the ]
25[alleged violator]. The notice shall be delivered to the
26registered owner of the vehicle, by mail, within 30 days after
		HB3175 Enrolled	- 3 -	LRB104 09887 LNS 19956 b
1[the Secretary of State notifies] the municipality or county
2confirms [of] the identity of the owner of the vehicle, but in no
3event later than 90 days after the violation.
4    (e) The notice required under subsection (d) shall
5include:
6        (1) the name and address of the registered owner of
7    the vehicle;
8        (2) the registration number of the motor vehicle
9    involved in the violation;
10        (3) the violation charged;
11        (4) the location where the violation occurred;
12        (5) the date and time of the violation;
13        (6) a copy of the recorded images;
14        (7) the amount of the civil penalty imposed and the
15    date by which the civil penalty should be paid;
16        (8) a statement that recorded images are evidence of a
17    violation of overtaking or passing a school bus stopped
18    for the purpose of receiving or discharging pupils;
19        (9) a warning that failure to pay the civil penalty or
20    to contest liability in a timely manner is an admission of
21    liability;
22        (10) a statement that the person may elect to proceed
23    by:
24            (A) paying the fine; or
25            (B) challenging the charge in court, by mail, or
26        by administrative hearing; and
		HB3175 Enrolled	- 4 -	LRB104 09887 LNS 19956 b
1        (11) a website address, accessible through the
2    Internet, where the person may view the recorded images of
3    the violation.
4    (e-5) There shall be a rebuttable presumption that a 
5school bus was stopped for the purpose of receiving or 
6discharging pupils and that the visual signals as specified in 
7Sections 12-803 and 12-805 were in operation on the school bus 
8when recorded images produced by an automated traffic law 
9enforcement system show:
10        (1) an activated stop signal arm; and
11        (2) an electronic indicator indicating activation of 
12    school bus visual signals.
13    (f) (Blank).
14    (g) Based on inspection of recorded images produced by an
15automated traffic law enforcement system, a notice alleging
16that the violation occurred shall be evidence of the facts
17contained in the notice and admissible in any proceeding
18alleging a violation under this Section.
19    (h) Recorded images made by an automated traffic law
20enforcement system are confidential and shall be made
21available only to the alleged violator and governmental and
22law enforcement agencies for purposes of adjudicating a
23violation of this Section, for statistical purposes, or for
24other governmental purposes. Any recorded image evidencing a
25violation of this Section, however, may be admissible in any
26proceeding resulting from the issuance of the citation.
		HB3175 Enrolled	- 5 -	LRB104 09887 LNS 19956 b
1    (i) The court or hearing officer may consider in defense
2of a violation:
3        (1) that the motor vehicle or registration plates or
4    digital registration plates of the motor vehicle were
5    stolen before the violation occurred and not under the
6    control of or in the possession of the owner or lessee at
7    the time of the violation;
8        (1.5) that the motor vehicle was hijacked before the
9    violation occurred and not under the control of or in the
10    possession of the owner or lessee at the time of the
11    violation;
12        (2) that the driver of the motor vehicle received a
13    Uniform Traffic Citation from a police officer for a
14    violation of Section 11-1414 of this Code within
15    one-eighth of a mile and 15 minutes of the violation that
16    was recorded by the system;
17        (3) that the visual signals required by Sections
18    12-803 and 12-805 of this Code were damaged, not
19    activated, not present in violation of Sections 12-803 and
20    12-805, or inoperable; and
21        (4) any other evidence or issues provided by municipal
22    or county ordinance.
23    (j) To demonstrate that the motor vehicle was hijacked or
24the motor vehicle or registration plates or digital
25registration plates were stolen before the violation occurred
26and were not under the control or possession of the owner or
		HB3175 Enrolled	- 6 -	LRB104 09887 LNS 19956 b
1lessee at the time of the violation, the owner or lessee must
2submit proof that a report concerning the motor vehicle or
3registration plates was filed with a law enforcement agency in
4a timely manner.
5    (k) 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
8mandatory civil penalty of $300 [not exceeding $150] for a first
9time violation or $1,000 [$500] for a second or subsequent
10violation, plus an additional penalty of not more than $100
11for failure to pay the original penalty in a timely manner, if
12the motor vehicle is recorded by an automated traffic law
13enforcement system. A violation for which a civil penalty is
14imposed under this Section is not a violation of a traffic
15regulation governing the movement of vehicles and may not be
16recorded on the driving record of the owner of the vehicle, but
17may be recorded by the municipality or county for the purpose
18of determining if a person is subject to the higher fine for a
19second or subsequent offense.
20    (l) A school bus equipped with an automated traffic law
21enforcement system must be posted with a sign indicating that
22the school bus is being monitored by an automated traffic law
23enforcement system.
24    (m) A municipality or county that has one or more school
25buses equipped with an automated traffic law enforcement
26system must provide notice to drivers by posting a list of
		HB3175 Enrolled	- 7 -	LRB104 09887 LNS 19956 b
1school districts using school buses equipped with an automated
2traffic law enforcement system on the municipality or county
3website. School districts that have one or more school buses
4equipped with an automated traffic law enforcement system must
5provide notice to drivers by posting that information on their
6websites.
7    (n) A municipality or county operating an automated
8traffic law enforcement system shall conduct a statistical
9analysis to assess the safety impact in each school district
10using school buses equipped with an automated traffic law
11enforcement system following installation of the system and
12every 2 years thereafter. A municipality or county operating
13an automated speed enforcement system before the effective
14date of this amendatory Act of the 103rd General Assembly
15shall conduct a statistical analysis to assess the safety
16impact of the system by no later than one year after the
17effective date of this amendatory Act of the 103rd General
18Assembly and every 2 years thereafter. Each statistical
19analysis shall be based upon the best available crash,
20traffic, and other data, and shall cover a period of time
21before and after installation of the system sufficient to
22provide a statistically valid comparison of safety impact.
23Each statistical analysis shall be consistent with
24professional judgment and acceptable industry practice. Each
25statistical analysis also shall be consistent with the data
26required for valid comparisons of before and after conditions
		HB3175 Enrolled	- 8 -	LRB104 09887 LNS 19956 b
1and shall be conducted within a reasonable period following
2the installation of the automated traffic law enforcement
3system. Each statistical analysis required by this subsection
4shall be made available to the public and shall be published on
5the website of the municipality or county. If a statistical
6analysis indicates that there has been an increase in the rate
7of crashes at the approach to school buses monitored by the
8system, the municipality or county shall undertake additional
9studies to determine the cause and severity of the crashes,
10and may take any action that it determines is necessary or
11appropriate to reduce the number or severity of the crashes
12involving school buses equipped with an automated traffic law
13enforcement system.
14    (o) The compensation paid for an automated traffic law
15enforcement system must be based on the value of the equipment
16or the services provided and may not be based on the number of
17traffic citations issued or the revenue generated by the
18system.
19    (o-1) No member of the General Assembly and no officer or
20employee of a municipality or county shall knowingly accept
21employment or receive compensation or fees for services from a
22vendor that provides automated traffic law enforcement system
23equipment or services to municipalities or counties. No former
24member of the General Assembly shall, within a period of 2
25years immediately after the termination of service as a member
26of the General Assembly, knowingly accept employment or
		HB3175 Enrolled	- 9 -	LRB104 09887 LNS 19956 b
1receive compensation or fees for services from a vendor that
2provides automated traffic law enforcement system equipment or
3services to municipalities or counties. No former officer or
4employee of a municipality or county shall, within a period of
52 years immediately after the termination of municipal or
6county employment, knowingly accept employment or receive
7compensation or fees for services from a vendor that provides
8automated traffic law enforcement system equipment or services
9to municipalities or counties.
10    (p) No person who is the lessor of a motor vehicle pursuant
11to a written lease agreement shall be liable for an automated
12speed or traffic law enforcement system violation involving
13such motor vehicle during the period of the lease; provided
14that upon the request of the appropriate authority received
15within 120 days after the violation occurred, the lessor
16provides within 60 days after such receipt the name and
17address of the lessee.
18    Upon the provision of information by the lessor pursuant
19to this subsection, the county or municipality may issue the
20violation to the lessee of the vehicle in the same manner as it
21would issue a violation to a registered owner of a vehicle
22pursuant to this Section, and the lessee may be held liable for
23the violation.
24    (q) (Blank).
25    (r) After a municipality or county enacts an ordinance
26providing for automated traffic law enforcement systems under
		HB3175 Enrolled	- 10 -	LRB104 09887 LNS 19956 b
1this Section, each school district within that municipality or
2county's jurisdiction may implement an automated traffic law
3enforcement system under this Section. The elected school
4board for that district must approve the implementation of an
5automated traffic law enforcement system. The school district
6shall be responsible for entering into a contract, approved by
7the elected school board of that district, with vendors for
8the installation, maintenance, and operation of the automated
9traffic law enforcement system. The school district must enter
10into an intergovernmental agreement, approved by the elected
11school board of that district, with the municipality or county
12with jurisdiction over that school district for the
13administration of the automated traffic law enforcement
14system. The proceeds from a school district's automated
15traffic law enforcement system's fines shall be divided
16equally between the school district and the municipality or
17county administering the automated traffic law enforcement
18system.
19    (s) If a county or municipality changes the vendor it uses
20for its automated traffic law enforcement system and must, as
21a consequence, apply for a permit, approval, or other
22authorization from the Department for reinstallation of one or
23more malfunctioning components of that system and if, at the
24time of the application, the new vendor operates an automated
25traffic law enforcement system for any other county or
26municipality in the State, then the Department shall approve
		HB3175 Enrolled	- 11 -	LRB104 09887 LNS 19956 b
1or deny the county or municipality's application for that
2permit, approval, or other authorization within 90 days after
3its receipt.
4    (t) The Department may revoke any permit, approval, or
5other authorization granted to a county or municipality for
6the placement, installation, or operation of an automated
7traffic law enforcement system if any official or employee who
8serves that county or municipality is charged with bribery,
9official misconduct, or a similar crime related to the
10placement, installation, or operation of the automated traffic
11law enforcement system in the county or municipality.
12    The Department shall adopt any rules necessary to
13implement and administer this subsection. The rules adopted by
14the Department shall describe the revocation process, shall
15ensure that notice of the revocation is provided, and shall
16provide an opportunity to appeal the revocation. Any county or
17municipality that has a permit, approval, or other
18authorization revoked under this subsection may not reapply
19for such a permit, approval, or other authorization for a
20period of 1 year after the revocation.
21(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
22103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)