VEH CD-SPEED ENFORCE SYSTEMS

Illinois General Assembly - Full Text of HB1389

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1389

Introduced 1/28/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-208.8

Amends the Illinois Vehicle Code. Expands the provisions regarding
automated speed enforcement systems in safety zones to include
municipalities in the counties of Cook, DuPage, Kane, Lake, Madison,
McHenry, St. Clair, and Will (instead of just the City of Chicago).
Provides that the net proceeds a municipality receives from civil
penalties imposed under an automated speed enforcement system shall be
expended or obligated by the municipality for, among other purposes, the
remission of $5 from each civil penalty to the State Treasurer for deposit
into the General Revenue Fund, which shall be remitted to the State
Treasurer as determined by the State Treasurer. Provides that if an
automated speed enforcement system is removed or rendered inoperable due
to construction, then the Department of Transportation shall authorize the
reinstallation or use of the automated speed enforcement system within 30
days after the construction is complete.
LRB104 05896 LNS 15927 b

A BILL FOR

HB1389
LRB104 05896 LNS 15927 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 11-208.8 as follows:

6

(625 ILCS 5/11-208.8)
7

Sec. 11-208.8.
Automated speed enforcement systems in
8
safety zones.
9

(a) As used in this Section:
10

"Automated speed enforcement system" means a photographic
11
device, radar device, laser device, or other electrical or
12
mechanical device or devices installed or utilized in a safety
13
zone and designed to record the speed of a vehicle and obtain a
14
clear photograph or other recorded image of the vehicle and
15
the vehicle's registration plate or digital registration plate
16
while the driver is violating Article VI of Chapter 11 of this
17
Code or a similar provision of a local ordinance.
18

An automated speed enforcement system is a system, located
19
in a safety zone which is under the jurisdiction of a
20
municipality, that produces a recorded image of a motor
21
vehicle's violation of a provision of this Code or a local
22
ordinance and is designed to obtain a clear recorded image of
23
the vehicle and the vehicle's license plate. The recorded

HB1389
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1
image must also display the time, date, and location of the
2
violation.
3

"Owner" means the person or entity to whom the vehicle is
4
registered.
5

"Recorded image" means images recorded by an automated
6
speed enforcement system on:
7

(1) 2 or more photographs;
8

(2) 2 or more microphotographs;
9

(3) 2 or more electronic images; or
10

(4) a video recording showing the motor vehicle and,
11

on at least one image or portion of the recording, clearly
12

identifying the registration plate or digital registration
13

plate number of the motor vehicle.
14

"Safety zone" means an area that is within one-eighth of a
15
mile from the nearest property line of any public or private
16
elementary or secondary school, or from the nearest property
17
line of any facility, area, or land owned by a school district
18
that is used for educational purposes approved by the Illinois
19
State Board of Education, not including school district
20
headquarters or administrative buildings. A safety zone also
21
includes an area that is within one-eighth of a mile from the
22
nearest property line of any facility, area, or land owned by a
23
park district used for recreational purposes. However, if any
24
portion of a roadway is within either one-eighth mile radius,
25
the safety zone also shall include the roadway extended to the
26
furthest portion of the next furthest intersection. The term

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1
"safety zone" does not include any portion of the roadway
2
known as Lake Shore Drive or any controlled access highway
3
with 8 or more lanes of traffic.
4

(a-5) The automated speed enforcement system shall be
5
operational and violations shall be recorded only at the
6
following times:
7

(i) if the safety zone is based upon the property line
8

of any facility, area, or land owned by a school district,
9

only on school days and no earlier than 6 a.m. and no later
10

than 8:30 p.m. if the school day is during the period of
11

Monday through Thursday, or 9 p.m. if the school day is a
12

Friday; and
13

(ii) if the safety zone is based upon the property
14

line of any facility, area, or land owned by a park
15

district, no earlier than one hour prior to the time that
16

the facility, area, or land is open to the public or other
17

patrons, and no later than one hour after the facility,
18

area, or land is closed to the public or other patrons.
19

(b) A municipality that produces a recorded image of a
20
motor vehicle's violation of a provision of this Code or a
21
local ordinance must make the recorded images of a violation
22
accessible to the alleged violator by providing the alleged
23
violator with a website address, accessible through the
24
Internet.
25

(c) Notwithstanding any penalties for any other violations
26
of this Code, the owner of a motor vehicle used in a traffic

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1
violation recorded by an automated speed enforcement system
2
shall be subject to the following penalties:
3

(1) if the recorded speed is no less than 6 miles per
4

hour and no more than 10 miles per hour over the legal
5

speed limit, a civil penalty not exceeding $50, plus an
6

additional penalty of not more than $50 for failure to pay
7

the original penalty in a timely manner; or
8

(2) if the recorded speed is more than 10 miles per
9

hour over the legal speed limit, a civil penalty not
10

exceeding $100, plus an additional penalty of not more
11

than $100 for failure to pay the original penalty in a
12

timely manner.
13

A penalty may not be imposed under this Section if the
14
driver of the motor vehicle received a Uniform Traffic
15
Citation from a police officer for a speeding violation
16
occurring within one-eighth of a mile and 15 minutes of the
17
violation that was recorded by the system. A violation for
18
which a civil penalty is imposed under this Section is not a
19
violation of a traffic regulation governing the movement of
20
vehicles and may not be recorded on the driving record of the
21
owner of the vehicle. A law enforcement officer is not
22
required to be present or to witness the violation. No penalty
23
may be imposed under this Section if the recorded speed of a
24
vehicle is 5 miles per hour or less over the legal speed limit.
25
The municipality may send, in the same manner that notices are
26
sent under this Section, a speed violation warning notice

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1
where the violation involves a speed of 5 miles per hour or
2
less above the legal speed limit.
3

(d) The net proceeds that a municipality receives from
4
civil penalties imposed under an automated speed enforcement
5
system, after deducting all non-personnel and personnel costs
6
associated with the operation and maintenance of such system,
7
shall be expended or obligated by the municipality for the
8
following purposes:
9

(i) public safety initiatives to ensure safe passage
10

around schools, and to provide police protection and
11

surveillance around schools and parks, including but not
12

limited to: (1) personnel costs; and (2) non-personnel
13

costs such as construction and maintenance of public
14

safety infrastructure and equipment;
15

(ii) initiatives to improve pedestrian and traffic
16

safety;
17

(iii) construction and maintenance of infrastructure
18

within the municipality, including but not limited to
19

roads and bridges;
and
20

(iv) after school programs
; and
21

(v) remission of $5 from each civil penalty to the
22

State Treasurer for deposit into the General Revenue Fund,
23

which shall be remitted to the State Treasurer as
24

determined by the State Treasurer
.
25

(e) For each violation of a provision of this Code or a
26
local ordinance recorded by an automated speed enforcement

HB1389
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1
system, the municipality having jurisdiction shall issue a
2
written notice of the violation to the registered owner of the
3
vehicle as the alleged violator. The notice shall be delivered
4
to the registered owner of the vehicle, by mail, within 30 days
5
after the Secretary of State notifies the municipality of the
6
identity of the owner of the vehicle, but in no event later
7
than 90 days after the violation.
8

(f) The notice required under subsection (e) of this
9
Section shall include:
10

(1) the name and address of the registered owner of
11

the vehicle;
12

(2) the registration number of the motor vehicle
13

involved in the violation;
14

(3) the violation charged;
15

(4) the date, time, and location where the violation
16

occurred;
17

(5) a copy of the recorded image or images;
18

(6) the amount of the civil penalty imposed and the
19

date by which the civil penalty should be paid;
20

(7) a statement that recorded images are evidence of a
21

violation of a speed restriction;
22

(8) a warning that failure to pay the civil penalty or
23

to contest liability in a timely manner is an admission of
24

liability;
25

(9) a statement that the person may elect to proceed
26

by:

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1

(A) paying the fine; or
2

(B) challenging the charge in court, by mail, or
3

by administrative hearing; and
4

(10) a website address, accessible through the
5

Internet, where the person may view the recorded images of
6

the violation.
7

(g) (Blank).
8

(h) Based on inspection of recorded images produced by an
9
automated speed enforcement system, a notice alleging that the
10
violation occurred shall be evidence of the facts contained in
11
the notice and admissible in any proceeding alleging a
12
violation under this Section.
13

(i) Recorded images made by an automated speed enforcement
14
system are confidential and shall be made available only to
15
the alleged violator and governmental and law enforcement
16
agencies for purposes of adjudicating a violation of this
17
Section, for statistical purposes, or for other governmental
18
purposes. Any recorded image evidencing a violation of this
19
Section, however, may be admissible in any proceeding
20
resulting from the issuance of the citation.
21

(j) The court or hearing officer may consider in defense
22
of a violation:
23

(1) that the motor vehicle or registration plates or
24

digital registration plates of the motor vehicle were
25

stolen before the violation occurred and not under the
26

control or in the possession of the owner or lessee at the

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1

time of the violation;
2

(1.5) that the motor vehicle was hijacked before the
3

violation occurred and not under the control of or in the
4

possession of the owner or lessee at the time of the
5

violation;
6

(2) that the driver of the motor vehicle received a
7

Uniform Traffic Citation from a police officer for a
8

speeding violation occurring within one-eighth of a mile
9

and 15 minutes of the violation that was recorded by the
10

system; and
11

(3) any other evidence or issues provided by municipal
12

ordinance.
13

(k) To demonstrate that the motor vehicle was hijacked or
14
the motor vehicle or registration plates or digital
15
registration plates were stolen before the violation occurred
16
and were not under the control or possession of the owner or
17
lessee at the time of the violation, the owner or lessee must
18
submit proof that a report concerning the motor vehicle or
19
registration plates was filed with a law enforcement agency in
20
a timely manner.
21

(l) A roadway equipped with an automated speed enforcement
22
system shall be posted with a sign conforming to the national
23
Manual on Uniform Traffic Control Devices that is visible to
24
approaching traffic stating that vehicle speeds are being
25
photo-enforced and indicating the speed limit. The
26
municipality shall install such additional signage as it

HB1389
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LRB104 05896 LNS 15927 b
1
determines is necessary to give reasonable notice to drivers
2
as to where automated speed enforcement systems are installed.
3

(m) A roadway where a new automated speed enforcement
4
system is installed shall be posted with signs providing 30
5
days notice of the use of a new automated speed enforcement
6
system prior to the issuance of any citations through the
7
automated speed enforcement system.
8

(n) The compensation paid for an automated speed
9
enforcement system must be based on the value of the equipment
10
or the services provided and may not be based on the number of
11
traffic citations issued or the revenue generated by the
12
system.
13

(n-1) No member of the General Assembly and no officer or
14
employee of a municipality or county shall knowingly accept
15
employment or receive compensation or fees for services from a
16
vendor that provides automated speed enforcement system
17
equipment or services to municipalities or counties. No former
18
member of the General Assembly shall, within a period of 2
19
years immediately after the termination of service as a member
20
of the General Assembly, knowingly accept employment or
21
receive compensation or fees for services from a vendor that
22
provides automated speed enforcement system equipment or
23
services to municipalities or counties. No former officer or
24
employee of a municipality or county shall, within a period of
25
2 years immediately after the termination of municipal or
26
county employment, knowingly accept employment or receive

HB1389
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LRB104 05896 LNS 15927 b
1
compensation or fees for services from a vendor that provides
2
automated speed enforcement system equipment or services to
3
municipalities or counties.
4

(o) (Blank).
5

(p) No person who is the lessor of a motor vehicle pursuant
6
to a written lease agreement shall be liable for an automated
7
speed or traffic law enforcement system violation involving
8
such motor vehicle during the period of the lease; provided
9
that upon the request of the appropriate authority received
10
within 120 days after the violation occurred, the lessor
11
provides within 60 days after such receipt the name and
12
address of the lessee. The drivers license number of a lessee
13
may be subsequently individually requested by the appropriate
14
authority if needed for enforcement of this Section.
15

Upon the provision of information by the lessor pursuant
16
to this subsection, the municipality may issue the violation
17
to the lessee of the vehicle in the same manner as it would
18
issue a violation to a registered owner of a vehicle pursuant
19
to this Section, and the lessee may be held liable for the
20
violation.
21

(q) A municipality using an automated speed enforcement
22
system must provide notice to drivers by publishing the
23
locations of all safety zones where system equipment is
24
installed on the website of the municipality.
25

(r) A municipality operating an automated speed
26
enforcement system shall conduct a statistical analysis to

HB1389
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LRB104 05896 LNS 15927 b
1
assess the safety impact of the system following installation
2
of the system and every 2 years thereafter. A municipality
3
operating an automated speed enforcement system before the
4
effective date of this amendatory Act of the 103rd General
5
Assembly shall conduct a statistical analysis to assess the
6
safety impact of the system by no later than one year after the
7
effective date of this amendatory Act of the 103rd General
8
Assembly and every 2 years thereafter. Each statistical
9
analysis shall be based upon the best available crash,
10
traffic, and other data, and shall cover a period of time
11
before and after installation of the system sufficient to
12
provide a statistically valid comparison of safety impact.
13
Each statistical analysis shall be consistent with
14
professional judgment and acceptable industry practice. Each
15
statistical analysis also shall be consistent with the data
16
required for valid comparisons of before and after conditions
17
and shall be conducted within a reasonable period following
18
the installation of the automated traffic law enforcement
19
system. Each statistical analysis required by this subsection
20
shall be made available to the public and shall be published on
21
the website of the municipality.
22

(s) This Section applies only to municipalities
within the
23
following counties: Cook; DuPage; Kane; Lake; Madison;
24
McHenry; St. Clair; and Will.

with a population of 1,000,000
25
or more inhabitants.
26

(t) If a county or municipality selects a new vendor for

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LRB104 05896 LNS 15927 b
1
its automated speed enforcement system and must, as a
2
consequence, apply for a permit, approval, or other
3
authorization from the Department for reinstallation of one or
4
more malfunctioning components of that system and if, at the
5
time of the application for the permit, approval, or other
6
authorization, the new vendor operates an automated speed
7
enforcement system for any other county or municipality in the
8
State, then the Department shall approve or deny the county or
9
municipality's application for the permit, approval, or other
10
authorization within 90 days after its receipt.
11

(u) The Department may revoke any permit, approval, or
12
other authorization granted to a county or municipality for
13
the placement, installation, or operation of an automated
14
speed enforcement system if any official or employee who
15
serves that county or municipality is charged with bribery,
16
official misconduct, or a similar crime related to the
17
placement, installation, or operation of the automated speed
18
enforcement system in the county or municipality.
19

The Department shall adopt any rules necessary to
20
implement and administer this subsection. The rules adopted by
21
the Department shall describe the revocation process, shall
22
ensure that notice of the revocation is provided, and shall
23
provide an opportunity to appeal the revocation. Any county or
24
municipality that has a permit, approval, or other
25
authorization revoked under this subsection may not reapply
26
for such a permit, approval, or other authorization for a

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1
period of 1 year after the revocation.
2

(v) If an automated speed enforcement system is removed or
3
rendered inoperable due to construction, then the Department
4
shall authorize the reinstallation or use of the automated
5
speed enforcement system within 30 days after the construction
6
is complete.

7
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)

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