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HB4281 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4281
Introduced 1/14/2026, by Rep. Lisa Davis - Yolonda Morris and Michael Crawford
SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208.8
Amends the Illinois Vehicle Code. Provides that the provision
regarding automated speed enforcement systems in safety zones applies only
to municipalities with a population of 25,000 (rather than 1,000,000) or
more inhabitants in a county with a population of 3,000,000 or more
inhabitants.
LRB104 15466 LNS 28624 b
A BILL FOR
HB4281
LRB104 15466 LNS 28624 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
HB4281
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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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LRB104 15466 LNS 28624 b
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
HB4281
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LRB104 15466 LNS 28624 b
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
HB4281
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LRB104 15466 LNS 28624 b
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.
21
(e) For each violation of a provision of this Code or a
22
local ordinance recorded by an automated speed enforcement
23
system, the municipality having jurisdiction shall issue a
24
written notice of the violation to the registered owner of the
25
vehicle as the alleged violator. The notice shall be delivered
26
to the registered owner of the vehicle, by mail, within 30 days
HB4281
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LRB104 15466 LNS 28624 b
1
after the Secretary of State notifies the municipality of the
2
identity of the owner of the vehicle, but in no event later
3
than 90 days after the violation.
4
(f) The notice required under subsection (e) of this
5
Section shall include:
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 date, time, and location where the violation
12
occurred;
13
(5) a copy of the recorded image or images;
14
(6) the amount of the civil penalty imposed and the
15
date by which the civil penalty should be paid;
16
(7) a statement that recorded images are evidence of a
17
violation of a speed restriction;
18
(8) a warning that failure to pay the civil penalty or
19
to contest liability in a timely manner is an admission of
20
liability;
21
(9) a statement that the person may elect to proceed
22
by:
23
(A) paying the fine; or
24
(B) challenging the charge in court, by mail, or
25
by administrative hearing; and
26
(10) a website address, accessible through the
HB4281
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LRB104 15466 LNS 28624 b
1
Internet, where the person may view the recorded images of
2
the violation.
3
(g) (Blank).
4
(h) Based on inspection of recorded images produced by an
5
automated speed enforcement system, a notice alleging that the
6
violation occurred shall be evidence of the facts contained in
7
the notice and admissible in any proceeding alleging a
8
violation under this Section.
9
(i) Recorded images made by an automated speed enforcement
10
system are confidential and shall be made available only to
11
the alleged violator and governmental and law enforcement
12
agencies for purposes of adjudicating a violation of this
13
Section, for statistical purposes, or for other governmental
14
purposes. Any recorded image evidencing a violation of this
15
Section, however, may be admissible in any proceeding
16
resulting from the issuance of the citation.
17
(j) The court or hearing officer may consider in defense
18
of a violation:
19
(1) that the motor vehicle or registration plates or
20
digital registration plates of the motor vehicle were
21
stolen before the violation occurred and not under the
22
control or in the possession of the owner or lessee at the
23
time of the violation;
24
(1.5) that the motor vehicle was hijacked before the
25
violation occurred and not under the control of or in the
26
possession of the owner or lessee at the time of the
HB4281
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LRB104 15466 LNS 28624 b
1
violation;
2
(2) that the driver of the motor vehicle received a
3
Uniform Traffic Citation from a police officer for a
4
speeding violation occurring within one-eighth of a mile
5
and 15 minutes of the violation that was recorded by the
6
system; and
7
(3) any other evidence or issues provided by municipal
8
ordinance.
9
(k) To demonstrate that the motor vehicle was hijacked or
10
the motor vehicle or registration plates or digital
11
registration plates were stolen before the violation occurred
12
and were not under the control or possession of the owner or
13
lessee at the time of the violation, the owner or lessee must
14
submit proof that a report concerning the motor vehicle or
15
registration plates was filed with a law enforcement agency in
16
a timely manner.
17
(l) A roadway equipped with an automated speed enforcement
18
system shall be posted with a sign conforming to the national
19
Manual on Uniform Traffic Control Devices that is visible to
20
approaching traffic stating that vehicle speeds are being
21
photo-enforced and indicating the speed limit. The
22
municipality shall install such additional signage as it
23
determines is necessary to give reasonable notice to drivers
24
as to where automated speed enforcement systems are installed.
25
(m) A roadway where a new automated speed enforcement
26
system is installed shall be posted with signs providing 30
HB4281
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LRB104 15466 LNS 28624 b
1
days notice of the use of a new automated speed enforcement
2
system prior to the issuance of any citations through the
3
automated speed enforcement system.
4
(n) The compensation paid for an automated speed
5
enforcement system must be based on the value of the equipment
6
or the services provided and may not be based on the number of
7
traffic citations issued or the revenue generated by the
8
system.
9
(n-1) No member of the General Assembly and no officer or
10
employee of a municipality or county shall knowingly accept
11
employment or receive compensation or fees for services from a
12
vendor that provides automated speed enforcement system
13
equipment or services to municipalities or counties. No former
14
member of the General Assembly shall, within a period of 2
15
years immediately after the termination of service as a member
16
of the General Assembly, knowingly accept employment or
17
receive compensation or fees for services from a vendor that
18
provides automated speed enforcement system equipment or
19
services to municipalities or counties. No former officer or
20
employee of a municipality or county shall, within a period of
21
2 years immediately after the termination of municipal or
22
county employment, knowingly accept employment or receive
23
compensation or fees for services from a vendor that provides
24
automated speed enforcement system equipment or services to
25
municipalities or counties.
26
(o) (Blank).
HB4281
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LRB104 15466 LNS 28624 b
1
(p) No person who is the lessor of a motor vehicle pursuant
2
to a written lease agreement shall be liable for an automated
3
speed or traffic law enforcement system violation involving
4
such motor vehicle during the period of the lease; provided
5
that upon the request of the appropriate authority received
6
within 120 days after the violation occurred, the lessor
7
provides within 60 days after such receipt the name and
8
address of the lessee. The drivers license number of a lessee
9
may be subsequently individually requested by the appropriate
10
authority if needed for enforcement of this Section.
11
Upon the provision of information by the lessor pursuant
12
to this subsection, the municipality may issue the violation
13
to the lessee of the vehicle in the same manner as it would
14
issue a violation to a registered owner of a vehicle pursuant
15
to this Section, and the lessee may be held liable for the
16
violation.
17
(q) A municipality using an automated speed enforcement
18
system must provide notice to drivers by publishing the
19
locations of all safety zones where system equipment is
20
installed on the website of the municipality.
21
(r) A municipality operating an automated speed
22
enforcement system shall conduct a statistical analysis to
23
assess the safety impact of the system following installation
24
of the system and every 2 years thereafter. A municipality
25
operating an automated speed enforcement system before the
26
effective date of this amendatory Act of the 103rd General
HB4281
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LRB104 15466 LNS 28624 b
1
Assembly shall conduct a statistical analysis to assess the
2
safety impact of the system by no later than one year after the
3
effective date of this amendatory Act of the 103rd General
4
Assembly and every 2 years thereafter. Each statistical
5
analysis shall be based upon the best available crash,
6
traffic, and other data, and shall cover a period of time
7
before and after installation of the system sufficient to
8
provide a statistically valid comparison of safety impact.
9
Each statistical analysis shall be consistent with
10
professional judgment and acceptable industry practice. Each
11
statistical analysis also shall be consistent with the data
12
required for valid comparisons of before and after conditions
13
and shall be conducted within a reasonable period following
14
the installation of the automated traffic law enforcement
15
system. Each statistical analysis required by this subsection
16
shall be made available to the public and shall be published on
17
the website of the municipality.
18
(s) This Section applies only to municipalities with a
19
population of
25,000
1,000,000
or more inhabitants
in a county
20
with a population of 3,000,000 or more inhabitants
.
21
(t) If a county or municipality selects a new vendor for
22
its automated speed enforcement system and must, as a
23
consequence, apply for a permit, approval, or other
24
authorization from the Department for reinstallation of one or
25
more malfunctioning components of that system and if, at the
26
time of the application for the permit, approval, or other
HB4281
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LRB104 15466 LNS 28624 b
1
authorization, the new vendor operates an automated speed
2
enforcement system for any other county or municipality in the
3
State, then the Department shall approve or deny the county or
4
municipality's application for the permit, approval, or other
5
authorization within 90 days after its receipt.
6
(u) The Department may revoke any permit, approval, or
7
other authorization granted to a county or municipality for
8
the placement, installation, or operation of an automated
9
speed enforcement system if any official or employee who
10
serves that county or municipality is charged with bribery,
11
official misconduct, or a similar crime related to the
12
placement, installation, or operation of the automated speed
13
enforcement system in the county or municipality.
14
The Department shall adopt any rules necessary to
15
implement and administer this subsection. The rules adopted by
16
the Department shall describe the revocation process, shall
17
ensure that notice of the revocation is provided, and shall
18
provide an opportunity to appeal the revocation. Any county or
19
municipality that has a permit, approval, or other
20
authorization revoked under this subsection may not reapply
21
for such a permit, approval, or other authorization for a
22
period of 1 year after the revocation.
23
(Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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