Public Act 096-0288
 		





HB2612 Enrolled
LRB096 11329 RLJ 21775 b






    AN ACT concerning education programs.

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

 
    Section 5. The Illinois Municipal Code is amended  by 
changing Sections 1-2-1 and 1-2-1.1 as follows:
 



    (65 ILCS 5/1-2-1)  (from Ch. 24, par. 1-2-1)



    Sec. 1-2-1. The corporate authorities of each municipality 
may pass all
ordinances and make all rules and regulations 
proper or necessary, to carry
into effect the powers granted to 
municipalities, with such fines or
penalties as may be deemed 
proper. No fine or penalty, however, except
civil penalties 
provided for failure to make returns or to pay any taxes
levied 
by the municipality shall exceed $750 and no imprisonment

authorized
in Section 1-2-9 for failure to pay any fine, 
penalty or cost shall exceed
6 months for one offense.

    A penalty imposed for violation of an ordinance may 
include, or consist
of, a requirement that the defendant do one 
or both of the following:
        (1) Complete an education program, except that a holder 
    of a valid commercial driver's license who commits a 
    vehicle weight or size restriction violation shall not be 
    required to complete an education program under this 
    Section.
        (2) Perform perform some reasonable public service

    work such as but not limited to the picking up of litter in 
    public parks or
along public highways or the maintenance of 
    public facilities.

    A default in the payment of a fine or penalty or any 
installment of a fine or penalty may be collected by any means 
authorized for the collection of monetary judgments.  The 
municipal attorney of the municipality in which the fine or 
penalty was imposed may retain attorneys and private collection 
agents for the purpose of collecting any default in payment of 
any fine or penalty or installment of that fine or penalty.  Any 
fees or costs incurred by the municipality with respect to 
attorneys or private collection agents retained by the 
municipal attorney under this Section shall be charged to the 
offender.

    A low-income individual required to complete an education 
program under this Section who provides proof of eligibility 
for the federal earned income tax credit under Section 32 of 
the Internal Revenue Code or the Illinois earned income tax 
credit under Section 212 of the Illinois Income Tax Act shall 
not be required to pay any fee for participating in a required 
education program. 
(Source: P.A. 95-389, eff. 1-1-08.)

 



    (65 ILCS 5/1-2-1.1)  (from Ch. 24, par. 1-2-1.1)



    Sec. 1-2-1.1. 
The corporate authorities of each 
municipality may pass
ordinances, not inconsistent with the 
criminal laws of this State, to
regulate any matter expressly 
within the authorized powers of the
municipality, or incidental 
thereto, making violation thereof a misdemeanor
punishable by 
incarceration in a penal institution other than the

penitentiary not to exceed 6 months. The municipality is 
authorized to
prosecute violations of penal ordinances enacted 
under this Section as
criminal offenses by its corporate 
attorney in the circuit court by an
information, or complaint 
sworn to, charging such offense. The prosecution
shall be under 
and conform to the rules of criminal procedure. Conviction

shall require the municipality to establish the guilt of the 
defendant
beyond reasonable doubt.

    A penalty imposed for violation of an ordinance may 
include, or consist
of, a requirement that the defendant do one 
or both of the following:
        (1) Complete an education program, except that a holder 
    of a valid commercial driver's license who commits a 
    vehicle weight or size restriction violation shall not be 
    required to complete an education program under this 
    Section. 
        (2) Perform perform some reasonable public service

    work such as but not limited to the picking up of litter in 
    public parks or
along public highways or the maintenance of 
    public facilities.

    A low-income individual required to complete an education 
program under this Section who provides proof of eligibility 
for the federal earned income tax credit under Section 32 of 
the Internal Revenue Code or the Illinois earned income tax 
credit under Section 212 of the Illinois Income Tax Act shall 
not be required to pay any fee for participating in a required 
education program. 
    This Section shall not apply to or affect ordinances now or 
hereafter
enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, 
11-5-4, 11-5-5,
11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, 
11-80-9 and 11-80-16 of the
Illinois Municipal Code, as now or 
hereafter amended, nor to Sections
enacted after this 1969 
amendment which replace or add to the Sections
herein 
enumerated, nor to ordinances now in force or hereafter enacted

pursuant to authority granted to local authorities by Section 
11-208 of
"The Illinois Vehicle Code", approved September 29, 
1969, as now or
hereafter amended.

(Source: P.A. 86-299.)

 
    Section 10. The Illinois Vehicle Code is amended  by 
changing Sections 11-208.3 and 11-208.6 as follows:
 



    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)


    Sec. 11-208.3. Administrative adjudication of violations 
of traffic
regulations concerning the standing, parking, or 
condition of
vehicles and automated traffic law violations. 

    (a) Any municipality may provide by ordinance for a system 
of
administrative adjudication of vehicular standing and 
parking violations and
vehicle compliance violations as 
defined in this subsection and automated traffic law violations 
as defined in Section 11-208.6.
The administrative system shall 
have as its purpose the fair and
efficient enforcement of 
municipal regulations through the
administrative adjudication 
of automated traffic law violations and violations of municipal 
ordinances
regulating the standing and parking of vehicles, the 
condition and use of
vehicle equipment, and the display of 
municipal wheel tax licenses within the
municipality's

borders.  The administrative system shall only have authority to 
adjudicate
civil offenses carrying fines not in excess of $250 
or requiring the completion of a traffic education program, or 
both, that occur after the
effective date of the ordinance 
adopting such a system under this Section.
For purposes of this 
Section, "compliance violation" means a violation of a

municipal regulation governing the condition or use of 
equipment on a vehicle
or governing the display of a municipal 
wheel tax license.

    (b) Any ordinance establishing a system of administrative 
adjudication
under this Section shall provide for:


        (1) A traffic compliance administrator authorized to

    adopt, distribute and
process parking, compliance, and 
    automated traffic law violation notices and other notices 
    required
by this
Section, collect money paid as fines and 
    penalties for violation of parking
and compliance

    ordinances and automated traffic law violations, and 
    operate an administrative adjudication system.  The traffic

    compliance
administrator also may make a certified report 
    to the Secretary of State
under Section 6-306.5.


        (2) A parking, standing, compliance, or automated 
    traffic law violation notice
that
shall specify the date,

    time, and place of violation of a parking, standing,

    compliance, or automated traffic law
regulation; the 
    particular regulation
violated; any requirement to 
    complete a traffic education program; the fine and any 
    penalty that may be assessed for late payment or failure to 
    complete a required traffic education program, or both,

    when so provided by ordinance; the vehicle make and state 
    registration
number; and the identification number of the

    person issuing the notice.
With regard to automated traffic 
    law violations, vehicle make shall be specified on the 
    automated traffic law violation notice if the make is 
    available and readily discernible. With regard to 
    municipalities with a population of 1 million or more, it

    shall be grounds for
dismissal of a parking
violation if 
    the state registration number or vehicle make specified is

    incorrect. The violation notice shall state that the 
    completion of any required traffic education program, the 
    payment of any the indicated
fine, and the payment of any 
    applicable penalty for late payment or failure to complete 
    a required traffic education program, or both, shall 
    operate as a
final disposition of the violation.  The notice 
    also shall contain
information as to the availability of a 
    hearing in which the violation may
be contested on its 
    merits.  The violation notice shall specify the
time and 
    manner in which a hearing may be had.


        (3) Service of the parking, standing, or compliance

    violation notice by affixing the
original or a facsimile of 
    the notice to an unlawfully parked vehicle or by
handing 
    the notice to the operator of a vehicle if he or she is

    present and service of an automated traffic law violation 
    notice by mail to the
address
of the registered owner of 
    the cited vehicle as recorded with the Secretary of
State 
    within 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.  A person authorized by ordinance to issue and 
    serve parking,
standing, and compliance
violation notices 
    shall certify as to the correctness of the facts entered
on 
    the violation notice by signing his or her name to the 
    notice at
the time of service or in the case of a notice 
    produced by a computerized
device, by signing a single 
    certificate to be kept by the traffic
compliance

    administrator attesting to the correctness of all notices 
    produced by the
device while it was under his or her 
    control.  In the case of an automated traffic law violation, 
    the ordinance shall
require
a
determination by a technician 
    employed or contracted by the municipality or county that,

    based on inspection of recorded images, the motor vehicle 
    was being operated in
violation of Section 11-208.6 or a 
    local ordinance.
If the technician determines that the

    vehicle entered the intersection as part of a funeral 
    procession or in order to
yield the right-of-way to an 
    emergency vehicle, a citation shall not be issued. The 
    original or a
facsimile of the violation notice or, in the 
    case of a notice produced by a
computerized device, a 
    printed record generated by the device showing the facts

    entered on the notice, shall be retained by the
traffic 
    compliance
administrator, and shall be a record kept in the 
    ordinary course of
business.  A parking, standing, 
    compliance, or automated traffic law violation notice 
    issued,
signed and served in
accordance with this Section, 
    a copy of the notice, or the computer
generated record 
    shall be prima facie
correct and shall be prima facie 
    evidence of the correctness of the facts
shown on the 
    notice.  The notice, copy, or computer generated
record 
    shall be admissible in any
subsequent administrative or 
    legal proceedings.


        (4) An opportunity for a hearing for the registered 
    owner of the
vehicle cited in the parking, standing, 
    compliance, or automated traffic law violation notice in

    which the owner may
contest the merits of the alleged 
    violation, and during which formal or
technical rules of 
    evidence shall not apply; provided, however, that under

    Section 11-1306 of this Code the lessee of a vehicle cited 
    in the
violation notice likewise shall be provided an 
    opportunity for a hearing of
the same kind afforded the 
    registered owner.  The hearings shall be
recorded, and the 
    person conducting the hearing on behalf of the traffic

    compliance
administrator shall be empowered to administer 
    oaths and to secure by
subpoena both the attendance and 
    testimony of witnesses and the production
of relevant books 
    and papers.  Persons appearing at a hearing under this

    Section may be represented by counsel at their expense. The 
    ordinance may
also provide for internal administrative 
    review following the decision of
the hearing officer.


        (5) Service of additional notices, sent by first class 
    United States
mail, postage prepaid, to the address of the 
    registered owner of the cited
vehicle as recorded with the 
    Secretary of State or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database,

    or, under Section 11-1306
of this Code, to the lessee of 
    the cited vehicle at the last address known
to the lessor 
    of the cited vehicle at the time of lease or, if any notice 
    to that address is returned as undeliverable, to the last 
    known address recorded in a United States Post Office 
    approved database.
 The service shall
be deemed complete as 
    of the date of deposit in the United States mail.
The 
    notices shall be in the following sequence and shall 
    include but not be
limited to the information specified 
    herein:


            (i) A second notice of parking, standing, or 
        compliance violation.  This notice shall specify the

        date and location of the violation cited in the 
        parking,
standing,
or compliance violation
notice, the 
        particular regulation violated, the vehicle
make and 
        state registration number, any requirement to complete 
        a traffic education program, the fine and any penalty 
        that may be
assessed for late payment or failure to 
        complete a traffic education program, or both, when so 
        provided by ordinance, the availability
of a hearing in 
        which the violation may be contested on its merits, and 
        the
time and manner in which the hearing may be had.  
        The notice of violation
shall also state that failure 
        to complete a required traffic education program, 
        either to pay the indicated fine and any
applicable 
        penalty, or to appear at a hearing on the merits in the 
        time and
manner specified, will result in a final 
        determination of violation
liability for the cited 
        violation in the amount of the fine or penalty

        indicated, and that, upon the occurrence of a final 
        determination of violation liability for the failure, 
        and the exhaustion of, or
failure to exhaust, available 
        administrative or judicial procedures for
review, any 
        incomplete traffic education program or any unpaid 
        fine or penalty, or both, will constitute a debt due 
        and owing
the municipality.


            (ii) A notice of final determination of parking, 
        standing,
compliance, or automated traffic law 
        violation liability.
This notice shall be sent 
        following a final determination of parking,
standing, 
        compliance, or automated traffic law
violation 
        liability and the conclusion of judicial review 
        procedures taken
under this Section.  The notice shall 
        state that  the incomplete traffic education program or 
        the unpaid fine or
penalty, or both, is a debt due and 
        owing the municipality.  The notice shall contain

        warnings that failure to complete any required traffic 
        education program or to pay any fine or penalty due and 
        owing the
municipality, or both, within the time 
        specified may result in the municipality's
filing of a 
        petition in the Circuit Court to have the incomplete 
        traffic education program or unpaid
fine or penalty, or 
        both, rendered a judgment as provided by this Section, 
        or may
result in suspension of the person's drivers 
        license for failure to complete a traffic education 
        program or to pay
fines or penalties, or both, for 10 
        or more parking violations under Section 6-306.5 or 5 
        or more automated traffic law violations under Section 
        11-208.6. 


        (6) A notice Notice of impending drivers license 
    suspension.  This
notice shall be sent to the person liable 
    for failure to complete a required traffic education 
    program or to pay any fine or penalty that
remains due and 
    owing, or both, on 10 or more parking
violations or 5 or 
    more unpaid automated traffic law violations.   The notice

    shall state that failure to complete a required traffic 
    education program or to pay the fine or penalty owing, or 
    both, within 45 days of
the notice's date will result in 
    the municipality notifying the Secretary
of State that the 
    person is eligible for initiation of suspension

    proceedings under Section 6-306.5 of this Code. The notice 
    shall also state
that the person may obtain a photostatic 
    copy of an original ticket imposing a
fine or penalty by 
    sending a self addressed, stamped envelope to the

    municipality along with a request for the photostatic copy.
 
    The notice of impending
drivers license suspension shall be 
    sent by first class United States mail,
postage prepaid, to 
    the address recorded with the Secretary of State or, if any 
    notice to that address is returned as undeliverable, to the 
    last known address recorded in a United States Post Office 
    approved database. 


        (7) Final determinations of violation liability.  A 
    final
determination of violation liability shall occur 
    following failure to complete the required traffic 
    education program or
to pay the fine or penalty, or both, 
    after a hearing officer's determination of violation 
    liability and the exhaustion of or failure to exhaust any

    administrative review procedures provided by ordinance.  
    Where a person
fails to appear at a hearing to contest the 
    alleged violation in the time
and manner specified in a 
    prior mailed notice, the hearing officer's
determination 
    of violation liability shall become final:  (A) upon
denial 
    of a timely petition to set aside that determination, or 
    (B) upon
expiration of the period for filing the petition 
    without a
filing having been made.


        (8) A petition to set aside a determination of parking, 
    standing,
compliance, or automated traffic law violation

    liability that may be filed by a person owing an unpaid 
    fine or penalty. A petition to set aside a determination of 
    liability may also be filed by a person required to 
    complete a traffic education program.
The petition shall be 
    filed with and ruled upon by the traffic compliance

    administrator in the manner and within the time specified 
    by ordinance.
The grounds for the petition may be limited 
    to:  (A) the person not having
been the owner or lessee of 
    the cited vehicle on the date the
violation notice was 
    issued, (B) the person having already completed the 
    required traffic education program or paid the fine or

    penalty, or both, for the violation in question, and (C) 
    excusable failure to
appear at or
request a new date for a 
    hearing.
With regard to municipalities with a population of 
    1 million or more, it
shall be grounds for
dismissal of a

    parking violation if the state registration number, or 
    vehicle make if specified, is
incorrect. After the 
    determination of
parking, standing, compliance, or 
    automated traffic law violation liability has been set 
    aside
upon a showing of just
cause, the registered owner 
    shall be provided with a hearing on the merits
for that 
    violation.


        (9) Procedures for non-residents. Procedures by which 
    persons who are
not residents of the municipality may 
    contest the merits of the alleged
violation without 
    attending a hearing.


        (10) A schedule of civil fines for violations of 
    vehicular standing,
parking, compliance, or automated 
    traffic law regulations enacted by ordinance pursuant to 
    this
Section, and a
schedule of penalties for late payment 
    of the fines or failure to complete required traffic 
    education programs, provided, however,
that the total 
    amount of the fine and penalty for any one violation shall

    not exceed $250, except as provided in subsection (c) of 
    Section 11-1301.3 of this Code. 


        (11) Other provisions as are necessary and proper to 
    carry into
effect the powers granted and purposes stated in 
    this Section.

    (c) Any municipality establishing vehicular standing, 
parking,
 compliance, or automated traffic law
regulations 
under this Section may also provide by ordinance for a
program 
of vehicle immobilization for the purpose of facilitating

enforcement of those regulations.  The program of vehicle

immobilization shall provide for immobilizing any eligible 
vehicle upon the
public way by presence of a restraint in a 
manner to prevent operation of
the vehicle.  Any ordinance 
establishing a program of vehicle
immobilization under this 
Section shall provide:


        (1) Criteria for the designation of vehicles eligible 
    for
immobilization.  A vehicle shall be eligible for 
    immobilization when the
registered owner of the vehicle has 
    accumulated the number of incomplete traffic education 
    programs or unpaid final
determinations of parking, 
    standing, compliance, or automated traffic law violation 
    liability, or both, as
determined by ordinance.


        (2) A notice of impending vehicle immobilization and a 
    right to a
hearing to challenge the validity of the notice 
    by disproving liability
for  the incomplete traffic 
    education programs or unpaid final determinations of 
    parking, standing, compliance, or automated traffic law

    violation liability, or both, listed
on the notice.


        (3) The right to a prompt hearing after a vehicle has 
    been immobilized
or subsequently towed without the 
    completion of the required traffic education program or 
    payment of the outstanding fines and
penalties on parking, 
    standing, compliance, or automated traffic law violations, 
    or both, for which final
determinations have been
issued.   
    An order issued after the hearing is a final administrative

    decision within the meaning of Section 3-101 of the Code of 
    Civil Procedure.


        (4) A post immobilization and post-towing notice 
    advising the registered
owner of the vehicle of the right 
    to a hearing to challenge the validity
of the impoundment.

    (d) Judicial review of final determinations of parking, 
standing,
compliance, or automated traffic law
violations and 
final administrative decisions issued after hearings
regarding 
vehicle immobilization and impoundment made
under this Section 
shall be subject to the provisions of
the Administrative Review 
Law.

    (e) Any fine, penalty, incomplete traffic education 
program, or part of any fine or any penalty remaining
unpaid 
after the exhaustion of, or the failure to exhaust,  
administrative
remedies created under this Section and the 
conclusion of any judicial
review procedures shall be a debt 
due and owing the municipality and, as
such, may be collected 
in accordance with applicable law. Completion of any required 
traffic education program and payment  Payment in full
of any 
fine or penalty resulting from a standing, parking,
compliance, 
or automated traffic law violation shall
constitute a final 
disposition of that violation. 

    (f) After the expiration of the period within which 
judicial review may
be sought for a final determination of 
parking, standing, compliance, or automated traffic law

violation, the municipality
may commence a proceeding in the 
Circuit Court for purposes of obtaining a
judgment on the final 
determination of violation.  Nothing in this
Section shall 
prevent a municipality from consolidating multiple final

determinations of parking, standing, compliance, or automated 
traffic law violations against a
person in a proceeding.
Upon 
commencement of the action, the municipality shall file a 
certified
copy or record of the final determination of parking, 
standing, compliance, or automated traffic law
violation, 
which shall be
accompanied by a certification that recites 
facts sufficient to show that
the final determination of 
violation was
issued in accordance with this Section and the 
applicable municipal
ordinance.  Service of the summons and a 
copy of the petition may be by
any method provided by Section 
2-203 of the Code of Civil Procedure or by
certified mail, 
return receipt requested, provided that the total amount of

fines and penalties for final determinations of parking, 
standing,
compliance, or automated traffic law violations does 
not
exceed $2500.  If the court is satisfied that the final 
determination of
parking, standing, compliance, or automated 
traffic law violation was entered in accordance with
the 
requirements of
this Section and the applicable municipal 
ordinance, and that the registered
owner or the lessee, as the 
case may be, had an opportunity for an
administrative hearing 
and for judicial review as provided in this Section,
the court 
shall render judgment in favor of the municipality and against

the registered owner or the lessee for the amount indicated in 
the final
determination of parking, standing, compliance, or 
automated traffic law violation, plus costs.
The judgment shall 
have
the same effect and may be enforced in the same manner as 
other judgments
for the recovery of money.

    (g) The fee for participating in a traffic education 
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic 
education program under this Section who provides proof of 
eligibility for the federal earned income tax credit under 
Section 32 of the Internal Revenue Code or the Illinois earned 
income tax credit under Section 212 of the Illinois Income Tax 
Act shall not be required to pay any fee for participating in a 
required traffic education program. 
(Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; 
94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)

 



    (625 ILCS 5/11-208.6)




    Sec. 11-208.6. Automated traffic law enforcement system.

    (a) As used in this Section, "automated traffic law 
enforcement
system" means a device with one or more motor 
vehicle sensors working
in conjunction with a red light signal 
to produce recorded images of
motor vehicles entering an 
intersection against a red signal
indication in violation of 
Section 11-306 of this Code or a similar provision
of a local 
ordinance.

    An
automated traffic law enforcement system is a system, in 
a municipality or
county operated by a
governmental agency, 
that
produces a recorded image of a motor vehicle's
violation 
of a provision of this Code or a local ordinance
and is 
designed to obtain a clear recorded image of the
vehicle and 
the vehicle's license plate. The recorded image must also

display the time, date, and location of the violation.

    (b) As used in this Section, "recorded images" means images

recorded by an automated traffic law enforcement system on:

        (1) 2 or more photographs;

        (2) 2 or more microphotographs;

        (3) 2 or more electronic images; or

        (4) a video recording showing the motor vehicle and, on 
    at
least one image or portion of the recording, clearly 
    identifying the
registration plate number of the motor 
    vehicle.

    (c) A county or municipality, including a home rule county 
or municipality, may not use an automated traffic law 
enforcement system to provide recorded images of a motor 
vehicle for the purpose of recording its speed. The regulation 
of the use of automated traffic law enforcement systems to 
record vehicle speeds is an exclusive power and function of the 
State. This subsection (c) is a denial and limitation of home 
rule powers and functions under subsection (h) of Section 6 of 
Article VII of the Illinois Constitution.

    (d) For each violation of a provision of this Code or a 
local ordinance
recorded by an automatic
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 as the alleged
violator. 
The notice shall be delivered to the registered
owner of the 
vehicle, by mail, within 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.

    The notice shall include:

        (1) the name and address of the registered owner of the

    vehicle;

        (2) the registration number of the motor vehicle

    involved in the violation;

        (3) the violation charged;

        (4) the location where the violation occurred;

        (5) the date and time of the violation;

        (6) a copy of the recorded images;

        (7) the amount of the civil penalty imposed and the 
    requirements of any traffic education program imposed and 
    the date
by which the civil penalty should be paid and the 
    traffic education program should be completed;

        (8) a statement that recorded images are evidence of a

    violation of a red light signal;

        (9) a warning that failure to pay the civil penalty, to 
    complete a required traffic education program, or to

    contest liability in a timely manner is an admission of

    liability and may result in a suspension of the driving

    privileges of the registered owner of the vehicle; and

        (10) a statement that the person may elect to proceed 
    by:

            (A) paying the fine, completing a required traffic 
        education program, or both; or

            (B) challenging the charge in court, by mail, or by 
        administrative hearing.

    (e) If a person
charged with a traffic violation, as a 
result of an automated traffic law
enforcement system, does not 
pay the fine or complete a required traffic education program, 
or both, or successfully contest the civil
penalty resulting 
from that violation, the Secretary of State shall suspend the

driving privileges of the
registered owner of the vehicle under 
Section 6-306.5 of this Code for failing
to complete a required 
traffic education program or to pay any fine or penalty
due and 
owing, or both, as a result of 5 violations of the automated 
traffic law
enforcement system.

    (f) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging 
that the violation occurred shall be evidence of the facts 
contained
in the notice and admissible in any proceeding 
alleging a
violation under this Section.

    (g) Recorded images made by an automatic traffic law

enforcement system are confidential and shall be made
available 
only to the alleged violator and governmental and
law 
enforcement agencies for purposes of adjudicating a
violation 
of this Section, for statistical purposes, or for other 
governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in
any 
proceeding resulting from the issuance of the citation.

    (h) The court or hearing officer may consider in defense of 
a violation:

        (1) that the motor vehicle or registration plates of 
    the motor
vehicle were stolen before the violation occurred 
    and not
under the control of or in the possession of the 
    owner at
the time of the violation;

        (2) that the driver of the vehicle passed through the

    intersection when the light was red either (i) in order to

    yield the right-of-way to an emergency vehicle or (ii) as

    part of a funeral procession; and

        (3) any other evidence or issues provided by municipal 
    or county ordinance.

    (i) To demonstrate that the motor vehicle or the 
registration
plates were stolen before the violation occurred 
and were not under the
control or possession of the owner at 
the time of the violation, the
owner must submit proof that a 
report concerning the stolen
motor vehicle or registration 
plates was filed with a law enforcement agency in a timely 
manner.

    (j) Unless the driver of the motor vehicle received a 
Uniform
Traffic Citation from a police officer at the time of 
the violation,
the motor vehicle owner is subject to a civil 
penalty not exceeding
$100 or the completion of a traffic 
education program, or both, plus an additional penalty of not 
more than $100 for failure to pay the original penalty or to 
complete a required traffic education program, or both, in a 
timely manner, if the motor vehicle is recorded by an automated 
traffic law
enforcement system. A violation for which a civil 
penalty is imposed
under this Section is not a violation of a 
traffic regulation governing
the movement of vehicles and may 
not be recorded on the driving record
of the owner of the 
vehicle.

    (j-3) A registered owner who is a holder of a valid 
commercial driver's license is not required to complete  a 
traffic education program. 
    (j-5) For purposes of the required traffic education 
program only, a registered owner may submit an affidavit to the 
court or hearing officer swearing that at the time of the 
alleged violation, the vehicle was in the custody and control 
of another person. The affidavit must identify the person in 
custody and control of the vehicle, including the person's name 
and current address. The person in custody and control of the 
vehicle at the time of the violation is required to complete 
the required traffic education program. If the person in 
custody and control of the vehicle at the time of the violation 
completes the required traffic education program, the 
registered owner of the vehicle is not required to complete a 
traffic education program. 
    (k) An intersection equipped with an automated traffic law

enforcement system must be posted with a sign visible to 
approaching traffic
indicating that the intersection is being 
monitored by an automated
traffic law enforcement system.

    (l) The compensation paid for an automated traffic law 
enforcement system
must be based on the value of the equipment 
or the services provided and may
not be based on the number of 
traffic citations issued or the revenue generated
by the 
system.

    (m) This Section applies only to the counties of Cook, 
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and 
to municipalities located within those counties.

    (n) The fee for participating in a traffic education 
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic 
education program under this Section who provides proof of 
eligibility for the federal earned income tax credit under 
Section 32 of the Internal Revenue Code or the Illinois earned 
income tax credit under Section 212 of the Illinois Income Tax 
Act shall not be required to pay any fee for participating in a 
required traffic education program. 
(Source: P.A. 94-795, eff. 5-22-06.)



 
    Section 99. Effective date. This Act takes effect upon 
becoming law.