Illinois 94th Regular Session Status: Enacted 1 D cosponsors

SB 2865 — VEH CD-AUTOMATED RR CROSSING

Last action — Public Act . . . . . . . . . 94-0771

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 20, 2006. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    0 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission and the Illinois Department of Transportation, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a Uniform Traffic Citation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides that violation of the provision is a petty offense for which a fine of $250, or 25 hours of community service, shall be imposed. Provides that a fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State may suspend for not less than 6 months the registration of a vehicle involved in a second or subsequent violation. Provides that photographs from a system established under the new provision, or under the provision establishing a similar pilot program, can be made available to governmental agencies for safety analysis of the railroad crossing.

Bill Text

What changed in the latest version

318 added · 294 removed

Plain-language change summary

The updated version of SB 2865 introduces strict limitations on the use of automated systems to record vehicle speeds in Illinois. Specifically, these systems can only be used if a law enforcement officer is present and witnesses the speed violation. This change is significant because it aims to prevent the use of automated speed cameras without direct police oversight, potentially improving traffic safety and reducing reliance on technology for law enforcement. Additionally, it establishes that the regulation of these systems will be exclusively handled by the state, limiting local government's ability to implement their own speed enforcement systems.

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SB2865 Engrossed LRB094 19100 DRH 54615 b AN ACT concerning transportation.
SB2865 Enrolled LRB094 19100 DRH 54615 b AN ACT concerning transportation.
The Illinois Vehicle Code is amended by changing Section 11-1201.1 and adding Section 11-1201.5 as follows:
The Illinois Vehicle Code is amended by changing Section 11-1201.1 and adding Sections 11-612 and 11-1201.5 as follows:
(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.
The system shall be designed to obtain a clear photograph or other recorded image of the vehicle, vehicle operator and the vehicle registration plate of a vehicle in violation of Section 11-1201.
The system shall be designed to obtain a clear photograph or other recorded image of the vehicle, vehicle operator and the vehicle registration plate of a vehicle in SB2865 Enrolled - 2 - LRB094 19100 DRH 54615 b violation of Section 11-1201.
(b-1) Commencing on July 20, 2001 (the effective date of Public Act 92-98), the Illinois Commerce Commission and the SB2865 Engrossed - 2 - LRB094 19100 DRH 54615 b Commuter Rail Board may, in cooperation with the local law enforcement agency, establish in a county with a population of between 750,000 and 1,000,000 a 2 year pilot program using an automated railroad grade crossing enforcement system.
(b-1) Commencing on July 20, 2001 (the effective date of Public Act 92-98), the Illinois Commerce Commission and the Commuter Rail Board may, in cooperation with the local law enforcement agency, establish in a county with a population of between 750,000 and 1,000,000 a 2 year pilot program using an automated railroad grade crossing enforcement system.
The Uniform Traffic Citation shall include the name and address of vehicle owner, the vehicle registration number, the offense charged, the time, date, and location of the violation, the first available court date and that the basis of the citation is the photograph or other recorded image from the automated railroad grade crossing enforcement system.
The Uniform Traffic Citation shall include the name and address of vehicle owner, the vehicle registration number, the offense charged, the time, date, and location of the violation, the first available court date and that the basis of the citation SB2865 Enrolled - 3 - LRB094 19100 DRH 54615 b is the photograph or other recorded image from the automated railroad grade crossing enforcement system.
If you were not the operator of the vehicle at the time SB2865 Engrossed - 3 - LRB094 19100 DRH 54615 b of the alleged offense, notifying in writing the local law enforcement agency that issued the Uniform Traffic Citation of the number of the Uniform Traffic Citation received and the name and address of the person operating the vehicle at the time of the alleged offense.
If you were not the operator of the vehicle at the time of the alleged offense, notifying in writing the local law enforcement agency that issued the Uniform Traffic Citation of the number of the Uniform Traffic Citation received and the name and address of the person operating the vehicle at the time of the alleged offense.
If the registered owner fails to notify in writing the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the registered owner may be presumed to have been the operator of the vehicle at the time of the alleged offense.
If the registered SB2865 Enrolled - 4 - LRB094 19100 DRH 54615 b owner fails to notify in writing the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the registered owner may be presumed to have been the operator of the vehicle at the time of the alleged offense.
(ii) Photographs or recorded images made by an automatic railroad grade crossing enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement SB2865 Engrossed - 4 - LRB094 19100 DRH 54615 b agencies for purposes of adjudicating a violation of Section 11-1201 of the Illinois Vehicle Code.
(ii) Photographs or recorded images made by an automatic railroad grade crossing 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 Section 11-1201 of the Illinois Vehicle Code.
(f) Rail crossings equipped with an automatic railroad grade crossing enforcement system shall be posted with a sign visible to approaching traffic stating that the railroad grade crossing is being monitored, that citations will be issued, and the amount of the fine for violation.
(f) Rail crossings equipped with an automatic railroad grade crossing enforcement system shall be posted with a sign visible to approaching traffic stating that the railroad grade crossing is being monitored, that citations will be issued, and SB2865 Enrolled - 5 - LRB094 19100 DRH 54615 b the amount of the fine for violation.
(i) If any part or parts of this Section are held by a court of competent jurisdiction to be unconstitutional, the SB2865 Engrossed - 5 - LRB094 19100 DRH 54615 b unconstitutionality shall not affect the validity of the remaining parts of this Section.
(i) If any part or parts of this Section are held by a court of competent jurisdiction to be unconstitutional, the unconstitutionality shall not affect the validity of the remaining parts of this Section.
1-1-03.) (625 ILCS 5/11-1201.5 new) Sec.
1-1-03.) (625 ILCS 5/11-1201.5 new) SB2865 Enrolled - 6 - LRB094 19100 DRH 54615 b Sec.
Local SB2865 Engrossed - 6 - LRB094 19100 DRH 54615 b authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system.
Local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system.
The Uniform Traffic Citation shall include the name and address of vehicle owner, the vehicle registration number, the offense charged, the time, date, and location of the violation, the first available court date, and that the basis of the citation is the photograph or other recorded image from the automated railroad grade crossing enforcement system.
The Uniform Traffic Citation shall include the name and address of vehicle owner, the vehicle registration number, the offense SB2865 Enrolled - 7 - LRB094 19100 DRH 54615 b charged, the time, date, and location of the violation, the first available court date, and that the basis of the citation is the photograph or other recorded image from the automated railroad grade crossing enforcement system.
or SB2865 Engrossed - 7 - LRB094 19100 DRH 54615 b 2.
or 2.
If you fail to so notify in writing the local law enforcement agency of the name and address of the operator of the vehicle at the time of the alleged offense, you may be presumed to have been the operator of the vehicle at the time of the alleged offense." (f) If the registered owner of the vehicle was not the operator of the vehicle at the time of the alleged offense, and if the registered owner notifies the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the local law enforcement agency having jurisdiction shall then issue a written Uniform Traffic Citation to the person alleged by the registered owner to have been the operator of the vehicle at the time of the alleged offense.
If you fail to so notify in writing the local law enforcement agency of the name and address of the operator of the vehicle at the time of the alleged offense, you may be presumed to have been the operator of the vehicle at the time of the alleged offense." (f) If the registered owner of the vehicle was not the operator of the vehicle at the time of the alleged offense, and if the registered owner notifies the local law enforcement agency having jurisdiction of the name and address of the operator of the vehicle at the time of the alleged offense, the local law enforcement agency having jurisdiction shall then SB2865 Enrolled - 8 - LRB094 19100 DRH 54615 b issue a written Uniform Traffic Citation to the person alleged by the registered owner to have been the operator of the vehicle at the time of the alleged offense.
(2) Photographs or recorded images made by an automatic SB2865 Engrossed - 8 - LRB094 19100 DRH 54615 b railroad grade crossing 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 Section 11-1201 or 11-1425 of the Illinois Vehicle Code.
(2) Photographs or recorded images made by an automatic railroad grade crossing 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 Section 11-1201 or 11-1425 of the Illinois Vehicle Code.
(h) Rail crossings equipped with an automatic railroad grade crossing enforcement system shall be posted with a sign visible to approaching traffic stating that the railroad grade crossing is being monitored, that citations will be issued, and the amount of the fine for violation.
SB2865 Enrolled - 9 - LRB094 19100 DRH 54615 b (h) Rail crossings equipped with an automatic railroad grade crossing enforcement system shall be posted with a sign visible to approaching traffic stating that the railroad grade crossing is being monitored, that citations will be issued, and the amount of the fine for violation.
(i) If any part or parts of this Section are held by a court of competent jurisdiction to be unconstitutional, the unconstitutionality shall not affect the validity of the remaining parts of this Section.
(i) A county or municipality, including a home rule county or municipality, may not use an automated railroad crossing enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed.
The regulation of the use of automated railroad crossing enforcement systems to record vehicle speeds is an exclusive power and function of the State.
This subsection (i) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(j) If any part or parts of this Section are held by a court of competent jurisdiction to be unconstitutional, the unconstitutionality shall not affect the validity of the remaining parts of this Section.
(j) Penalty.
(k) Penalty.
The court may impose 25 hours of SB2865 Engrossed - 9 - LRB094 19100 DRH 54615 b community service in place of the $250 fine for the first violation.
The court may impose 25 hours of community service in place of the $250 fine for the first violation.
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Action History

  1. Public Act . . . . . . . . . 94-0771

  2. Effective Date January 1, 2007

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Committee Amendment No. 1 Senate Concurs 058-000-000

  7. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Transportation; 006-000-000

  8. House Committee Amendment No. 1 Motion to Concur Rules Referred to Transportation

  9. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  10. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon

  11. Placed on Calendar Order of Concurrence House Amendment(s) 01-April 4, 2006

  12. Secretary's Desk - Concurrence House Amendment(s) 01

  13. Third Reading - Short Debate - Passed 113-000-000

  14. Added Alternate Chief Co-Sponsor Rep. Jim Durkin

  15. Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough

  16. Placed on Calendar Order of 3rd Reading - Short Debate

  17. Second Reading - Short Debate

  18. Added Alternate Co-Sponsor Rep. Deborah L. Graham

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Do Pass as Amended / Short Debate Transportation and Motor Vehicles Committee; 020-000-000

  21. House Committee Amendment No. 1 Adopted in Transportation and Motor Vehicles Committee; by Voice Vote

  22. House Committee Amendment No. 1 Filed with Clerk by Transportation and Motor Vehicles Committee

  23. Assigned to Transportation and Motor Vehicles Committee

  24. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  25. Added Alternate Chief Co-Sponsor Rep. Sidney H. Mathias

  26. Alternate Chief Sponsor Changed to Rep. Angelo Saviano

  27. Referred to Rules Committee

  28. First Reading

  29. Chief House Sponsor Rep. Sidney H. Mathias

  30. Placed on Calendar Order of First Reading

  31. Arrived in House

  32. Third Reading - Passed; 051-000-000

  33. Added as Chief Co-Sponsor Sen. Kimberly A. Lightford

  34. Placed on Calendar Order of 3rd Reading February 27, 2006

  35. Senate Floor Amendment No. 1 Adopted; Harmon

  36. Recalled to Second Reading

  37. Senate Floor Amendment No. 1 Recommend Do Adopt Transportation; 007-000-000

  38. Senate Floor Amendment No. 1 Rules Refers to Transportation

  39. Senate Floor Amendment No. 1 Referred to Rules

  40. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  41. Placed on Calendar Order of 3rd Reading February 14, 2006

  42. Second Reading

  43. Placed on Calendar Order of 2nd Reading February 9, 2006

  44. Do Pass Transportation; 009-001-000

  45. Assigned to Transportation

  46. Added as Chief Co-Sponsor Sen. Kirk W. Dillard

  47. Referred to Rules

  48. First Reading

  49. Filed with Secretary by Sen. Don Harmon

Sponsors

  • Don Harmon · Cosponsor
  • Deborah L. Graham · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 5000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Garrett — Yea
Halvorson — Yea
Lauzen — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Schoenberg — Yea
Shadid — Yea
Sieben — Yea
Silverstein — Yea
Brady — Yea
Munoz — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Sullivan — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Clayborne — Yea
Crotty — Yea
Dahl — Yea
Forby — Yea
Geo-Karis — Yea
Haine — Yea
Hendon — Yea
Demuzio — Yea
Link — Yea
DeLeo — Yea
Dillard — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 101005
Democrat 9000
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Yea
Soto — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Colvin — Yea
Coulson — Yea
Molaro — Yea
Eddy — Yea
Froehlich — Yea
Gordon — Yea
Hamos — Yea
Myers — Yea
Holbrook — Yea
Jefferson — Yea
Jenisch — Yea
Krause — Yea
Lang — Yea
Lindner — Yea
McAuliffe — Yea
Poe — Yea
Reitz — Yea
Lyons, Joseph — Yea
Dugan — Yea
Dunkin — Yea
Dunn — Yea
Durkin — Yea
Flider — Yea
Flowers — Yea
McCarthy — Yea
McKeon — Yea
Mendoza — Yea
Meyer — Yea
McGuire — Yea
Moffitt — Yea
Bradley, John — Yea
Mulligan — Yea
Bradley, Richard — Yea
Munson — Yea
Brady — Yea
Nekritz — Yea
Osmond — Yea
Parke — Yea
Phelps — Yea
Mitchell, Bill — Yea
Tenhouse — Yea
Burke — Yea
Mitchell, Jerry — Yea
Tryon — Yea
Turner — Yea
Sullivan — Yea
Hannig — Yea
Verschoore — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Younge — Yea
Howard — Yea
Watson — Yea
Davis, Monique — Yea
Chavez — Yea
Churchill — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Franks — Yea
Fritchey — Yea
Giles — Yea
Golar — Yea
Graham — Yea
Granberg — Yea
Hassert — Yea
Hultgren — Yea
Jakobsson — Yea
Jones — Not Voting
Leitch — Not Voting
Madigan — Not Voting
Patterson — Not Voting
Pihos — Yea
Scully — Not Voting
Kosel — Yea
Osterman — Yea
Pritchard — Yea
Ramey — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

Official roll call →

Third Reading

Passed 51 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 45008
Democrat 5000
Republican 1000
Total 51008
% of votes cast 86%0%0%14%
How each member voted (59)
Member Party Vote
Sandoval — Not Voting
Shadid — Yea
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
DeLeo — Yea
Garrett — Yea
Halvorson — Yea
Hendon — Yea
Meeks — Yea
Millner — Yea
Peterson — Yea
Schoenberg — Yea
Trotter — Yea
Brady — Yea
Munoz — Yea
Sullivan — Yea
Petka — Yea
Clayborne — Yea
Forby — Yea
Geo-Karis — Yea
Haine — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Link — Yea
Demuzio — Yea
Luechtefeld — Yea
Sieben — Not Voting
Silverstein — Not Voting
Viverito — Not Voting
Wilhelmi — Yea
Cronin — Not Voting
Crotty — Yea
Dahl — Yea
Dillard — Not Voting
Winkel — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Not Voting
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 2865 do?
Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission and the Illinois Department of Transportation, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a Uniform Traffic Citation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides that violation of the provision is a petty offense for which a fine of $250, or 25 hours of community service, shall be imposed. Provides that a fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State may suspend for not less than 6 months the registration of a vehicle involved in a second or subsequent violation. Provides that photographs from a system established under the new provision, or under the provision establishing a similar pilot program, can be made available to governmental agencies for safety analysis of the railroad crossing.
Who sponsors SB 2865?
SB 2865 is sponsored by Don Harmon (Democrat) and Deborah L. Graham.
What is the current status of SB 2865?
This bill has been enacted into law. Introduced January 20, 2006. Enacted.
Where can I track SB 2865?
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