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Full Text of HB0221  100th General Assembly

HB0221 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0221

 

Introduced , by Rep. Jehan Gordon-Booth

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-204  from Ch. 95 1/2, par. 6-204

    Amends the Illinois Vehicle Code. Provides that a report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation under the Code or a similar provision of a local ordinance shall be forwarded to the Secretary of State (previously, report restricted to a serious traffic violation committed by a person under 21 years of age). Provides that a clerk of court shall immediately forward (rather than forward within 5 days after disposition) to the Secretary a disposition of court supervision for any traffic violation, except for certain violations under the Code.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-204 as follows:
 
6    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
7    Sec. 6-204. When Court to forward license and reports.
8    (a) For the purpose of providing to the Secretary of State
9the records essential to the performance of the Secretary's
10duties under this Code to cancel, revoke or suspend the
11driver's license and privilege to drive motor vehicles of
12certain minors adjudicated truant minors in need of
13supervision, addicted, or delinquent and of persons found
14guilty of the criminal offenses or traffic violations which
15this Code recognizes as evidence relating to unfitness to
16safely operate motor vehicles, the following duties are imposed
17upon public officials:
18        (1) Whenever any person is convicted of any offense for
19    which this Code makes mandatory the cancellation or
20    revocation of the driver's license or permit of such person
21    by the Secretary of State, the judge of the court in which
22    such conviction is had shall require the surrender to the
23    clerk of the court of all driver's licenses or permits then

 

 

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1    held by the person so convicted, and the clerk of the court
2    shall, within 5 days thereafter, forward the same, together
3    with a report of such conviction, to the Secretary.
4        (2) Whenever any person is convicted of any offense
5    under this Code or similar offenses under a municipal
6    ordinance, other than regulations governing standing,
7    parking or weights of vehicles, and excepting the following
8    enumerated Sections of this Code: Sections 11-1406
9    (obstruction to driver's view or control), 11-1407
10    (improper opening of door into traffic), 11-1410 (coasting
11    on downgrade), 11-1411 (following fire apparatus),
12    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
13    vehicle which is in unsafe condition or improperly
14    equipped), 12-201(a) (daytime lights on motorcycles),
15    12-202 (clearance, identification and side marker lamps),
16    12-204 (lamp or flag on projecting load), 12-205 (failure
17    to display the safety lights required), 12-401
18    (restrictions as to tire equipment), 12-502 (mirrors),
19    12-503 (windshields must be unobstructed and equipped with
20    wipers), 12-601 (horns and warning devices), 12-602
21    (mufflers, prevention of noise or smoke), 12-603 (seat
22    safety belts), 12-702 (certain vehicles to carry flares or
23    other warning devices), 12-703 (vehicles for oiling roads
24    operated on highways), 12-710 (splash guards and
25    replacements), 13-101 (safety tests), 15-101 (size, weight
26    and load), 15-102 (width), 15-103 (height), 15-104 (name

 

 

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1    and address on second division vehicles), 15-107 (length of
2    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
3    15-112 (weights), 15-301 (weights), 15-316 (weights),
4    15-318 (weights), and also excepting the following
5    enumerated Sections of the Chicago Municipal Code:
6    Sections 27-245 (following fire apparatus), 27-254
7    (obstruction of traffic), 27-258 (driving vehicle which is
8    in unsafe condition), 27-259 (coasting on downgrade),
9    27-264 (use of horns and signal devices), 27-265
10    (obstruction to driver's view or driver mechanism), 27-267
11    (dimming of headlights), 27-268 (unattended motor
12    vehicle), 27-272 (illegal funeral procession), 27-273
13    (funeral procession on boulevard), 27-275 (driving freight
14    hauling vehicles on boulevard), 27-276 (stopping and
15    standing of buses or taxicabs), 27-277 (cruising of public
16    passenger vehicles), 27-305 (parallel parking), 27-306
17    (diagonal parking), 27-307 (parking not to obstruct
18    traffic), 27-308 (stopping, standing or parking
19    regulated), 27-311 (parking regulations), 27-312 (parking
20    regulations), 27-313 (parking regulations), 27-314
21    (parking regulations), 27-315 (parking regulations),
22    27-316 (parking regulations), 27-317 (parking
23    regulations), 27-318 (parking regulations), 27-319
24    (parking regulations), 27-320 (parking regulations),
25    27-321 (parking regulations), 27-322 (parking
26    regulations), 27-324 (loading and unloading at an angle),

 

 

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1    27-333 (wheel and axle loads), 27-334 (load restrictions in
2    the downtown district), 27-335 (load restrictions in
3    residential areas), 27-338 (width of vehicles), 27-339
4    (height of vehicles), 27-340 (length of vehicles), 27-352
5    (reflectors on trailers), 27-353 (mufflers), 27-354
6    (display of plates), 27-355 (display of city vehicle tax
7    sticker), 27-357 (identification of vehicles), 27-358
8    (projecting of loads), and also excepting the following
9    enumerated paragraphs of Section 2-201 of the Rules and
10    Regulations of the Illinois State Toll Highway Authority:
11    (l) (driving unsafe vehicle on tollway), (m) (vehicles
12    transporting dangerous cargo not properly indicated), it
13    shall be the duty of the clerk of the court in which such
14    conviction is had within 5 days thereafter to forward to
15    the Secretary of State a report of the conviction and the
16    court may recommend the suspension of the driver's license
17    or permit of the person so convicted.
18        The reporting requirements of this subsection shall
19    apply to all violations stated in paragraphs (1) and (2) of
20    this subsection when the individual has been adjudicated
21    under the Juvenile Court Act or the Juvenile Court Act of
22    1987. Such reporting requirements shall also apply to
23    individuals adjudicated under the Juvenile Court Act or the
24    Juvenile Court Act of 1987 who have committed a violation
25    of Section 11-501 of this Code, or similar provision of a
26    local ordinance, or Section 9-3 of the Criminal Code of

 

 

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1    1961 or the Criminal Code of 2012, relating to the offense
2    of reckless homicide. These reporting requirements also
3    apply to individuals adjudicated under the Juvenile Court
4    Act of 1987 based on any offense determined to have been
5    committed in furtherance of the criminal activities of an
6    organized gang, as provided in Section 5-710 of that Act,
7    and that involved the operation or use of a motor vehicle
8    or the use of a driver's license or permit. The reporting
9    requirements of this subsection shall also apply to a
10    truant minor in need of supervision, an addicted minor, or
11    a delinquent minor and whose driver's license and privilege
12    to drive a motor vehicle has been ordered suspended for
13    such times as determined by the Court, but only until he or
14    she attains 18 years of age. It shall be the duty of the
15    clerk of the court in which adjudication is had within 5
16    days thereafter to forward to the Secretary of State a
17    report of the adjudication and the court order requiring
18    the Secretary of State to suspend the minor's driver's
19    license and driving privilege for such time as determined
20    by the Court, but only until he or she attains the age of
21    18 years. All juvenile court dispositions reported to the
22    Secretary of State under this provision shall be processed
23    by the Secretary of State as if the cases had been
24    adjudicated in traffic or criminal court. However,
25    information reported relative to the offense of reckless
26    homicide, or Section 11-501 of this Code, or a similar

 

 

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1    provision of a local ordinance, shall be privileged and
2    available only to the Secretary of State, courts, and
3    police officers.
4        The reporting requirements of this subsection (a)
5    apply to all violations listed in paragraphs (1) and (2) of
6    this subsection (a), excluding parking violations, when
7    the driver holds a CLP or CDL, regardless of the type of
8    vehicle in which the violation occurred, or when any driver
9    committed the violation in a commercial motor vehicle as
10    defined in Section 6-500 of this Code.
11        (3) Whenever an order is entered vacating the
12    forfeiture of any bail, security or bond given to secure
13    appearance for any offense under this Code or similar
14    offenses under municipal ordinance, it shall be the duty of
15    the clerk of the court in which such vacation was had or
16    the judge of such court if such court has no clerk, within
17    5 days thereafter to forward to the Secretary of State a
18    report of the vacation.
19        (4) A report of any disposition of court supervision
20    for a violation of Sections 6-303, 11-401, 11-501 or a
21    similar provision of a local ordinance, 11-503, 11-504, and
22    11-506 shall be forwarded to the Secretary of State. A
23    report of any disposition of court supervision for a
24    violation of an offense defined as a serious traffic
25    violation in this Code or a similar provision of a local
26    ordinance committed by a person under the age of 21 years

 

 

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1    shall be forwarded to the Secretary of State.
2        (5) Reports of conviction under this Code and
3    sentencing hearings under the Juvenile Court Act of 1987 in
4    an electronic format or a computer processible medium shall
5    be forwarded to the Secretary of State via the Supreme
6    Court in the form and format required by the Illinois
7    Supreme Court and established by a written agreement
8    between the Supreme Court and the Secretary of State. In
9    counties with a population over 300,000, instead of
10    forwarding reports to the Supreme Court, reports of
11    conviction under this Code and sentencing hearings under
12    the Juvenile Court Act of 1987 in an electronic format or a
13    computer processible medium may be forwarded to the
14    Secretary of State by the Circuit Court Clerk in a form and
15    format required by the Secretary of State and established
16    by written agreement between the Circuit Court Clerk and
17    the Secretary of State. Failure to forward the reports of
18    conviction or sentencing hearing under the Juvenile Court
19    Act of 1987 as required by this Section shall be deemed an
20    omission of duty and it shall be the duty of the several
21    State's Attorneys to enforce the requirements of this
22    Section.
23    (b) Whenever a restricted driving permit is forwarded to a
24court, as a result of confiscation by a police officer pursuant
25to the authority in Section 6-113(f), it shall be the duty of
26the clerk, or judge, if the court has no clerk, to forward such

 

 

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1restricted driving permit and a facsimile of the officer's
2citation to the Secretary of State as expeditiously as
3practicable.
4    (c) For the purposes of this Code, a forfeiture of bail or
5collateral deposited to secure a defendant's appearance in
6court when forfeiture has not been vacated, or the failure of a
7defendant to appear for trial after depositing his driver's
8license in lieu of other bail, shall be equivalent to a
9conviction.
10    (d) For the purpose of providing the Secretary of State
11with records necessary to properly monitor and assess driver
12performance and assist the courts in the proper disposition of
13repeat traffic law offenders, the clerk of the court shall
14forward to the Secretary of State, on a form prescribed by the
15Secretary, records of a driver's participation in a driver
16remedial or rehabilitative program which was required, through
17a court order or court supervision, in relation to the driver's
18arrest for a violation of Section 11-501 of this Code or a
19similar provision of a local ordinance. The clerk of the court
20shall also forward to the Secretary, either on paper or in an
21electronic format or a computer processible medium as required
22under paragraph (5) of subsection (a) of this Section, any
23disposition of court supervision for any traffic violation,
24excluding those offenses listed in paragraph (2) of subsection
25(a) of this Section. These reports shall be sent immediately
26within 5 days after disposition, or, if the driver is referred

 

 

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1to a driver remedial or rehabilitative program, within 5 days
2of the driver's referral to that program. These reports
3received by the Secretary of State, including those required to
4be forwarded under paragraph (a)(4), shall be privileged
5information, available only (i) to the affected driver, (ii) to
6the parent or guardian of a person under the age of 18 years
7holding an instruction permit or a graduated driver's license,
8and (iii) for use by the courts, police officers, prosecuting
9authorities, the Secretary of State, and the driver licensing
10administrator of any other state. In accordance with 49 C.F.R.
11Part 384, all reports of court supervision, except violations
12related to parking, shall be forwarded to the Secretary of
13State for all holders of a CLP or CDL or any driver who commits
14an offense while driving a commercial motor vehicle. These
15reports shall be recorded to the driver's record as a
16conviction for use in the disqualification of the driver's
17commercial motor vehicle privileges and shall not be privileged
18information.
19(Source: P.A. 97-1150, eff. 1-25-13; 98-176 (see Section 10 of
20P.A. 98-722 and Section 10 of P.A. 99-414 for the effective
21date of changes made by P.A. 98-176).)