Public Act 094-0814
 		





SB2650 Enrolled
LRB094 13586 RLC 48451 b






    AN ACT concerning vehicles.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 11-605.1 and adding Section 11-612 as follows:
 
    (625 ILCS 5/11-605.1)
    Sec. 11-605.1. Special limit while traveling through a 
highway construction or maintenance speed zone.
    (a)  A person may not  operate a motor vehicle in a 
construction or maintenance speed zone at a speed in excess of 
the posted speed limit.

    (b)  Nothing in this Chapter prohibits the use of electronic 
speed-detecting devices within 500 feet of signs within a 
construction or maintenance speed zone indicating the zone, as 
defined in this Section, nor shall evidence obtained by use of 
those devices be inadmissible in any prosecution for speeding, 
provided the use of the device shall apply only to the 
enforcement of the speed limit in the construction or 
maintenance speed zone.

    (c)  As used in this Section, a "construction or maintenance 
speed zone" is an area in which the Department, Toll Highway 
Authority, or local agency has determined that the preexisting 
established speed limit through a highway construction or 
maintenance project is greater than is reasonable or safe with 
respect to the conditions expected to exist in the construction 
or maintenance speed zone and has posted a lower speed limit 
with a highway construction or maintenance speed zone special 
speed limit sign.
    Highway construction or maintenance speed zone special 
speed limit signs shall be of a design approved by the 
Department.  The signs must give proper due warning that a 
construction or maintenance speed zone is being approached and 
must indicate the maximum speed limit in effect.  The signs also 
must state the amount of the minimum fine for a violation.

    (d)  A first violation of this Section is a petty offense 
with a minimum fine of $250.  A second or subsequent violation 
of this Section is a petty offense with a minimum fine of $750.
    (e) If a fine for a violation of this Section is $250 or 
greater, the person who violated this Section shall be charged 
an additional $125, which shall be deposited into the 
Transportation Safety Highway Hire-back Fund in the State 
treasury, unless (i) the violation occurred on a highway other 
than an interstate highway and (ii) a county police officer 
wrote the ticket for the violation, in which case the $125 
shall be deposited into that county's Transportation Safety 
Highway Hire-back Fund.  In the case of a  second or subsequent 
violation of this Section, if the fine is $750 or greater, the 
person who violated this Section shall be charged an additional 
$250, which shall be deposited into the Transportation Safety 
Highway Hire-back Fund in the State treasury, unless (i) the 
violation occurred on a highway other than an interstate 
highway and (ii) a county police officer wrote the ticket for 
the violation, in which case the $250 shall be deposited into 
that county's Transportation Safety Highway Hire-back Fund.

    (e-5) The Department of State Police and the local county 
police department have concurrent jurisdiction over any 
violation of this Section that occurs on an interstate highway.

    (f)  The Transportation Safety Highway Hire-back Fund, 
which was  created by Public Act 92-619, shall continue to be  a 
special fund in the State treasury.  Subject to appropriation by 
the General Assembly and approval by the Secretary, the 
Secretary of Transportation shall use all moneys in the 
Transportation Safety Highway Hire-back Fund to hire off-duty 
Department of State Police officers to monitor construction or 
maintenance zones.
    (f-5) Each county  shall create a Transportation Safety 
Highway Hire-back Fund. The county shall use all moneys in its 
Transportation Safety Highway Hire-back Fund to hire off-duty 
county police officers to monitor construction or maintenance 
zones in that county on highways other than interstate 
highways.

    (g)  For a second or subsequent violation of this Section 
within 2 years of the date of the previous violation, the 
Secretary of State shall suspend the driver's license of the 
violator for a period of 90 days.


(Source: P.A. 93-955, eff. 8-19-04.)
 
    (625 ILCS 5/11-612 new)

    Sec. 11-612. Certain systems to record vehicle speeds 
prohibited. Except as authorized in the Automated Traffic 
Control Systems in Highway Construction or Maintenance Zones 
Act,  no photographic, video,  or other imaging system may be 
used in this State to record vehicle speeds for the purpose of 
enforcing any law or ordinance regarding a maximum or minimum 
speed limit unless a law enforcement officer  is present at the 
scene and witnesses the event. No State or local governmental 
entity, including a home rule county or municipality, may use 
such a system in a way that is prohibited by this Section. The 
regulation of the use of such systems is an exclusive power and 
function of the State. This Section is a denial and limitation 
of home rule powers and functions under subsection (h) of 
Section 6 of Article VII of the Illinois Constitution.

 
    Section 10. The Automated Traffic Control Systems in 
Highway Construction or Maintenance Zones Act is amended  by 
changing Sections 10 and  30 as follows:
 
    (625 ILCS 7/10)

    Sec. 10. Establishment of automated control systems.  
The 
Department of State Police may establish an automated traffic 
control system in any construction or maintenance zone 
established by the Department of Transportation or the Illinois 
State Toll Highway Authority.   An automated traffic control 
system may operate only during those periods when workers are 
present in the construction or maintenance zone. In any 
prosecution based upon evidence  obtained through an automated 
traffic control system established under this Act, the State 
must prove that one or more workers were present in the 
construction or maintenance zone when the violation occurred.

(Source: P.A. 93-947, eff. 8-19-04.)
 
    (625 ILCS 7/30)

    Sec. 30. Requirements for issuance of a citation. 
    (a) The vehicle, vehicle operator, vehicle registration 
plate, speed, date, time, and location must be clearly visible 
on the photograph or other recorded image of the alleged 
violation.
    (b) A Uniform Traffic Citation must be mailed or otherwise 
delivered to the registered owner of the vehicle. If mailed, 
the citation must be sent via certified mail within 14
6

business days of the alleged violation, return receipt 
requested.
    (c) The Uniform Traffic Citation must include:
        (1) the name and address of the vehicle owner;
        (2) the registration number of the vehicle;
        (3) the offense charged;
        (4) the time, date, and location of the violation;
        (5) the first available court date; and

        (6) notice that the basis of the citation is the 
    photograph or recorded image from the automated traffic 
    control system.
    (d) The Uniform Traffic Citation issued to the violator 
must be accompanied by a written document that lists the 
violator's rights and obligations and explains how the violator 
can elect to proceed by either paying the fine or challenging 
the issuance of the Uniform Traffic Citation.

(Source: P.A. 93-947, eff. 8-19-04.)