SB 3195

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Full Text of SB3195
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	SB3195 - 104th General Assembly
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			Senate Amendment 001
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		Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3195
Introduced 2/2/2026, by Sen. Mike Porfirio
SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.9
625 ILCS 5/11-1414	  from Ch. 95 1/2, par. 11-1414
Amends the Illinois Vehicle Code. Provides that, for each violation of a provision of the Code or a local ordinance recorded by an automated traffic law enforcement system, the county or municipality having jurisdiction shall issue a written notice of the violation to the registered owner of the vehicle who shall be liable for the violation unless otherwise provided. Provides that the notice shall be delivered to the registered vehicle owner within 30 days after the municipality or county confirms the identity of the owner of the vehicle (rather than 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle), but in no event later than 90 days after the violation. Provides that there shall be a rebuttable presumption that a school bus was stopped for the purpose of receiving or discharging pupils and the visual signals were in operation on the school bus when recorded images produced by an automated traffic law enforcement system show: (1) an activated stop signal arm; and (2) an electronic indicator indicating activation of school bus visual signals. Provides that the motor vehicle owner is subject to a mandatory civil penalty of $300 (rather than a penalty not exceeding $150) for a first time violation or $1,000 (rather than a penalty not exceeding $500) for a second or subsequent violation. Provides that the compensation paid for an automated traffic law enforcement system may not be based exclusively on the number of traffic citations issued or the revenue generated by the system. Provides that the driver of a vehicle upon a highway divided by a raised median or physical barrier (rather than a highway having 4 or more lanes which permits at least 2 lanes of traffic to travel in opposite directions) need not stop such vehicle upon meeting a school bus which is stopped in the opposing roadway across the divided highway.
LRB104 19763 LNS 33213 b
A BILL FOR
		SB3195		LRB104 19763 LNS 33213 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 Sections 11-208.9 and 11-1414 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
		SB3195	- 2 -	LRB104 19763 LNS 33213 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
		SB3195	- 3 -	LRB104 19763 LNS 33213 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
		SB3195	- 4 -	LRB104 19763 LNS 33213 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.
		SB3195	- 5 -	LRB104 19763 LNS 33213 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
		SB3195	- 6 -	LRB104 19763 LNS 33213 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
		SB3195	- 7 -	LRB104 19763 LNS 33213 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
		SB3195	- 8 -	LRB104 19763 LNS 33213 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 such compensation may not be
17based exclusively on the number of traffic citations issued or
18the revenue generated by the system.
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
		SB3195	- 9 -	LRB104 19763 LNS 33213 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
		SB3195	- 10 -	LRB104 19763 LNS 33213 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. However, the school district and municipality or 
19county intergovernmental agreement may include cost-sharing 
20arrangements for compensating vendors for the installation, 
21maintenance, and operation of the automated traffic law 
22enforcement system, as well as alternative proceed-sharing 
23arrangements.
24    (s) If a county or municipality changes the vendor it uses
25for its automated traffic law enforcement system and must, as
26a consequence, apply for a permit, approval, or other
		SB3195	- 11 -	LRB104 19763 LNS 33213 b
1authorization from the Department for reinstallation of one or
2more malfunctioning components of that system and if, at the
3time of the application, the new vendor operates an automated
4traffic law enforcement system for any other county or
5municipality in the State, then the Department shall approve
6or deny the county or municipality's application for that
7permit, approval, or other authorization within 90 days after
8its receipt.
9    (t) The Department may revoke any permit, approval, or
10other authorization granted to a county or municipality for
11the placement, installation, or operation of an automated
12traffic law enforcement system if any official or employee who
13serves that county or municipality is charged with bribery,
14official misconduct, or a similar crime related to the
15placement, installation, or operation of the automated traffic
16law enforcement system in the county or municipality.
17    The Department shall adopt any rules necessary to
18implement and administer this subsection. The rules adopted by
19the Department shall describe the revocation process, shall
20ensure that notice of the revocation is provided, and shall
21provide an opportunity to appeal the revocation. Any county or
22municipality that has a permit, approval, or other
23authorization revoked under this subsection may not reapply
24for such a permit, approval, or other authorization for a
25period of 1 year after the revocation.
26(Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23;
		SB3195	- 12 -	LRB104 19763 LNS 33213 b
1103-154, eff. 6-30-23; 103-364, eff. 7-28-23.)
2    (625 ILCS 5/11-1414)  (from Ch. 95 1/2, par. 11-1414)
3    Sec. 11-1414. Approaching, overtaking, and passing school
4bus.
5    (a) The driver of a vehicle shall stop such vehicle before
6meeting or overtaking, from either direction, any school bus
7stopped on a highway, roadway, private road, parking lot,
8school property, or at any other location, including, without
9limitation, a location that is not a highway or roadway for the
10purpose of receiving or discharging pupils. Such stop is
11required before reaching the school bus when there is in
12operation on the school bus the visual signals as specified in
13Sections 12-803 and 12-805 of this Code. The driver of the
14vehicle shall not proceed until the school bus resumes motion
15or the driver of the vehicle is signaled by the school bus
16driver to proceed or the visual signals are no longer
17actuated.
18    (b) The stop signal arm required by Section 12-803 of this
19Code shall be extended after the school bus has come to a
20complete stop for the purpose of loading or discharging pupils
21and shall be closed before the school bus is placed in motion
22again. The stop signal arm shall not be extended at any other
23time.
24    (c) The alternately flashing red signal lamps of an 8-lamp
25flashing signal system required by Section 12-805 of this Code
		SB3195	- 13 -	LRB104 19763 LNS 33213 b
1shall be actuated after the school bus has come to a complete
2stop for the purpose of loading or discharging pupils and
3shall be turned off before the school bus is placed in motion
4again. The red signal lamps shall not be actuated at any other
5time except as provided in paragraph (d) of this Section.
6    (d) The alternately flashing amber signal lamps of an
78-lamp flashing signal system required by Section 12-805 of
8this Code shall be actuated continuously during not less than
9the last 100 feet traveled by the school bus before stopping
10for the purpose of loading or discharging pupils within an
11urban area and during not less than the last 200 feet traveled
12by the school bus outside an urban area. The amber signal lamps
13shall remain actuated until the school bus is stopped. The
14amber signal lamps shall not be actuated at any other time.
15    (d-5) The alternately flashing head lamps permitted by
16Section 12-805 of this Code may be operated while the
17alternately flashing red or amber signal lamps required by
18that Section are actuated.
19    (e) The driver of a vehicle upon a highway divided by a 
20raised median or physical barrier [having 4 or more lanes which ]
21[permits at least 2 lanes of traffic to travel in opposite ]
22[directions] need not stop such vehicle upon meeting a school
23bus which is stopped in the opposing roadway across the 
24divided highway; and need not stop such vehicle when driving
25upon a controlled access highway when passing a school bus
26traveling in either direction that is stopped in a loading
		SB3195	- 14 -	LRB104 19763 LNS 33213 b
1zone adjacent to the surfaced or improved part of the
2controlled access highway where pedestrians are not permitted
3to cross.
4    (f) Beginning with the effective date of this amendatory
5Act of 1985, the Secretary of State shall suspend for a period
6of 3 months the driving privileges of any person convicted of a
7violation of subsection (a) of this Section or a similar
8provision of a local ordinance; the Secretary shall suspend
9for a period of one year the driving privileges of any person
10convicted of a second or subsequent violation of subsection
11(a) of this Section or a similar provision of a local ordinance
12if the second or subsequent violation occurs within 5 years of
13a prior conviction for the same offense. In addition to the
14suspensions authorized by this Section, any person convicted
15of violating this Section or a similar provision of a local
16ordinance shall be subject to a mandatory fine of $300 or, upon
17a second or subsequent violation, $1,000, and community
18service in an amount set by the court. The Secretary may also
19grant, for the duration of any suspension issued under this
20subsection, a restricted driving permit granting the privilege
21of driving a motor vehicle between the driver's residence and
22place of employment or within other proper limits that the
23Secretary of State shall find necessary to avoid any undue
24hardship. A restricted driving permit issued hereunder shall
25be subject to cancellation, revocation and suspension by the
26Secretary of State in like manner and for like cause as a
		SB3195	- 15 -	LRB104 19763 LNS 33213 b
1driver's license may be cancelled, revoked or suspended;
2except that a conviction upon one or more offenses against
3laws or ordinances regulating the movement of traffic shall be
4deemed sufficient cause for the revocation, suspension or
5cancellation of the restricted driving permit. The Secretary
6of State may, as a condition to the issuance of a restricted
7driving permit, require the applicant to participate in a
8designated driver remedial or rehabilitative program. Any
9conviction for a violation of this subsection shall be
10included as an offense for the purposes of determining
11suspension action under any other provision of this Code,
12provided however, that the penalties provided under this
13subsection shall be imposed unless those penalties imposed
14under other applicable provisions are greater.
15    The owner of any vehicle alleged to have violated
16paragraph (a) of this Section shall, upon appropriate demand
17by the State's Attorney or other designated person acting in
18response to a signed complaint, provide a written statement or
19deposition identifying the operator of the vehicle if such
20operator was not the owner at the time of the alleged
21violation. Failure to supply such information shall result in
22the suspension of the vehicle registration of the vehicle for
23a period of 3 months. In the event the owner has assigned
24control for the use of the vehicle to another, the person to
25whom control was assigned shall comply with the provisions of
26this paragraph and be subject to the same penalties as herein
		SB3195	- 16 -	LRB104 19763 LNS 33213 b
1provided.
2(Source: P.A. 101-55, eff. 1-1-20; 102-859, eff. 1-1-23.)