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91_HB2883enr
HB2883 Enrolled LRB9107752WHdv
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 2-123, 6-204, and 16-104a.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 2-123, 6-204, and 16-104a as follows:
7 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
8 Sec. 2-123. Sale and Distribution of Information.
9 (a) Except as otherwise provided in this Section, the
10 Secretary may make the driver's license, vehicle and title
11 registration lists, in part or in whole, and any statistical
12 information derived from these lists available to local
13 governments, elected state officials, state educational
14 institutions, public libraries and all other governmental
15 units of the State and Federal Government requesting them for
16 governmental purposes. The Secretary shall require any such
17 applicant for services to pay for the costs of furnishing
18 such services and the use of the equipment involved, and in
19 addition is empowered to establish prices and charges for the
20 services so furnished and for the use of the electronic
21 equipment utilized.
22 (b) The Secretary is further empowered to and he may, in
23 his discretion, furnish to any applicant, other than listed
24 in subsection (a) of this Section, vehicle or driver data on
25 a computer tape, disk, or printout at a fixed fee of $250 in
26 advance and require in addition a further sufficient deposit
27 based upon the Secretary of State's estimate of the total
28 cost of the information requested and a charge of $25 per
29 1,000 units or part thereof identified or the actual cost,
30 whichever is greater. The Secretary is authorized to refund
31 any difference between the additional deposit and the actual
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1 cost of the request. This service shall not be in lieu of an
2 abstract of a driver's record nor of a title or registration
3 search. The information sold pursuant to this subsection
4 shall be the entire vehicle or driver data list, or part
5 thereof.
6 (c) Secretary of State may issue registration lists.
7 The Secretary of State shall compile and publish, at least
8 annually, a list of all registered vehicles. Each list of
9 registered vehicles shall be arranged serially according to
10 the registration numbers assigned to registered vehicles and
11 shall contain in addition the names and addresses of
12 registered owners and a brief description of each vehicle
13 including the serial or other identifying number thereof.
14 Such compilation may be in such form as in the discretion of
15 the Secretary of State may seem best for the purposes
16 intended.
17 (d) The Secretary of State shall furnish no more than 2
18 current available lists of such registrations to the sheriffs
19 of all counties and to the chiefs of police of all cities and
20 villages and towns of 2,000 population and over in this State
21 at no cost. Additional copies may be purchased at the fee of
22 $500 each or at the cost of producing the list as determined
23 by the Secretary of State.
24 (e) The Secretary of State shall upon written request
25 and the payment of the fee of $500 furnish the current
26 available list of such motor vehicle registrations to any
27 person so long as the supply of available registration lists
28 shall last.
29 (e-1) Commercial purchasers of driver and vehicle record
30 databases shall enter into a written agreement with the
31 Secretary of State that includes disclosure of the commercial
32 use of the intended purchase. Affected drivers, vehicle
33 owners, or registrants may request that their personally
34 identifiable information not be used for commercial
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1 solicitation purposes.
2 (f) The Secretary of State shall make a title or
3 registration search of the records of his office and a
4 written report on the same for any person, upon written
5 application of such person, accompanied by a fee of $5 for
6 each registration or title search. No fee shall be charged
7 for a title or registration search, or for the certification
8 thereof requested by a government agency.
9 The Secretary of State shall certify a title or
10 registration record upon written request. The fee for
11 certification shall be $5 in addition to the fee required for
12 a title or registration search. Certification shall be made
13 under the signature of the Secretary of State and shall be
14 authenticated by Seal of the Secretary of State.
15 The Secretary of State may notify the vehicle owner or
16 registrant of the request for purchase of his title or
17 registration information as the Secretary deems appropriate.
18 The vehicle owner or registrant residence address and
19 other personally identifiable information on the record shall
20 not be disclosed. This nondisclosure shall not apply to
21 requests made by law enforcement officials, government
22 agencies, financial institutions, attorneys, insurers,
23 employers, automobile associated businesses, other business
24 entities for purposes consistent with the Illinois Vehicle
25 Code, the vehicle owner or registrant, or other entities as
26 the Secretary may exempt by rule and regulation. This
27 information may be withheld from the entities listed above,
28 except law enforcement and government agencies upon
29 presentation of a valid court order of protection for the
30 duration of the order.
31 No information shall be released to the requestor until
32 expiration of a 10 day period. This 10 day period shall not
33 apply to requests for information made by law enforcement
34 officials, government agencies, financial institutions,
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1 attorneys, insurers, employers, automobile associated
2 businesses, persons licensed as a private detective or firms
3 licensed as a private detective agency under the Private
4 Detective, Private Alarm, and Private Security Act of 1983,
5 who are employed by or are acting on behalf of law
6 enforcement officials, government agencies, financial
7 institutions, attorneys, insurers, employers, automobile
8 associated businesses, and other business entities for
9 purposes consistent with the Illinois Vehicle Code, the
10 vehicle owner or registrant or other entities as the
11 Secretary may exempt by rule and regulation.
12 Any misrepresentation made by a requestor of title or
13 vehicle information shall be punishable as a petty offense,
14 except in the case of persons licensed as a private detective
15 or firms licensed as a private detective agency which shall
16 be subject to disciplinary sanctions under Section 22 or 25
17 of the Private Detective, Private Alarm, and Private Security
18 Act of 1983.
19 (g) 1. The Secretary of State may, upon receipt of a
20 written request and a fee of $6, furnish to the person or
21 agency so requesting a driver's record. Such document
22 may include a record of: current driver's license
23 issuance information, except that the information on
24 judicial driving permits shall be available only as
25 otherwise provided by this Code; convictions; orders
26 entered revoking, suspending or cancelling a driver's
27 license or privilege; and notations of accident
28 involvement. All other information, unless otherwise
29 permitted by this Code, shall remain confidential.
30 2. The Secretary of State may certify an abstract
31 of a driver's record upon written request therefor.
32 Such certification shall be made under the signature of
33 the Secretary of State and shall be authenticated by the
34 Seal of his office.
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1 3. All requests for driving record information
2 shall be made in a manner prescribed by the Secretary.
3 The Secretary of State may notify the affected
4 driver of the request for purchase of his driver's record
5 as the Secretary deems appropriate.
6 The affected driver residence address and other
7 personally identifiable information on the record shall
8 not be disclosed. This nondisclosure shall not apply to
9 requests made by law enforcement officials, government
10 agencies, financial institutions, attorneys, insurers,
11 employers, automobile associated businesses, other
12 business entities for purposes consistent with the
13 Illinois Vehicle Code, the affected driver, or other
14 entities as the Secretary may exempt by rule and
15 regulation. This information may be withheld from the
16 entities listed above, except law enforcement and
17 government agencies, upon presentation of a valid court
18 order of protection for the duration of the order.
19 No information shall be released to the requester
20 until expiration of a 10 day period. This 10 day period
21 shall not apply to requests for information made by law
22 enforcement officials, government agencies, financial
23 institutions, attorneys, insurers, employers, automobile
24 associated businesses, persons licensed as a private
25 detective or firms licensed as a private detective agency
26 under the Private Detective, Private Alarm, and Private
27 Security Act of 1983, who are employed by or are acting
28 on behalf of law enforcement officials, government
29 agencies, financial institutions, attorneys, insurers,
30 employers, automobile associated businesses, and other
31 business entities for purposes consistent with the
32 Illinois Vehicle Code, the affected driver or other
33 entities as the Secretary may exempt by rule and
34 regulation.
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1 Any misrepresentation made by a requestor of driver
2 information shall be punishable as a petty offense,
3 except in the case of persons licensed as a private
4 detective or firms licensed as a private detective agency
5 which shall be subject to disciplinary sanctions under
6 Section 22 or 25 of the Private Detective, Private Alarm,
7 and Private Security Act of 1983.
8 4. The Secretary of State may furnish without fee,
9 upon the written request of a law enforcement agency, any
10 information from a driver's record on file with the
11 Secretary of State when such information is required in
12 the enforcement of this Code or any other law relating to
13 the operation of motor vehicles, including records of
14 dispositions; documented information involving the use of
15 a motor vehicle; whether such individual has, or
16 previously had, a driver's license; and the address and
17 personal description as reflected on said driver's
18 record.
19 5. Except as otherwise provided in this Section,
20 the Secretary of State may furnish, without fee,
21 information from an individual driver's record on file,
22 if a written request therefor is submitted by any public
23 transit system or authority, public defender, law
24 enforcement agency, a state or federal agency, or an
25 Illinois local intergovernmental association, if the
26 request is for the purpose of a background check of
27 applicants for employment with the requesting agency, or
28 for the purpose of an official investigation conducted by
29 the agency, or to determine a current address for the
30 driver so public funds can be recovered or paid to the
31 driver, or for any other lawful purpose.
32 The Secretary may also furnish the courts a copy of
33 an abstract of a driver's record, without fee, subsequent
34 to an arrest for a violation of Section 11-501 or a
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1 similar provision of a local ordinance. Such abstract
2 may include records of dispositions; documented
3 information involving the use of a motor vehicle as
4 contained in the current file; whether such individual
5 has, or previously had, a driver's license; and the
6 address and personal description as reflected on said
7 driver's record.
8 6. Any certified abstract issued by the Secretary
9 of State or transmitted electronically by the Secretary
10 of State pursuant to this Section, to a court or on
11 request of a law enforcement agency, for the record of a
12 named person as to the status of the person's driver's
13 license shall be prima facie evidence of the facts
14 therein stated and if the name appearing in such abstract
15 is the same as that of a person named in an information
16 or warrant, such abstract shall be prima facie evidence
17 that the person named in such information or warrant is
18 the same person as the person named in such abstract and
19 shall be admissible for any prosecution under this Code
20 and be admitted as proof of any prior conviction or proof
21 of records, notices, or orders recorded on individual
22 driving records maintained by the Secretary of State.
23 7. Subject to any restrictions contained in the
24 Juvenile Court Act of 1987, and upon receipt of a proper
25 request and a fee of $6, the Secretary of State shall
26 provide a driver's record to the affected driver, or the
27 affected driver's attorney, upon verification. Such
28 record shall contain all the information referred to in
29 paragraph 1 of this subsection (g) plus: any recorded
30 accident involvement as a driver; information recorded
31 pursuant to subsection (e) of Section 6-117 and paragraph
32 (4) of subsection (a) of Section 6-204 of this Code. All
33 other information, unless otherwise permitted by this
34 Code, shall remain confidential.
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1 (h) The Secretary shall not disclose social security
2 numbers except pursuant to a written request by, or with the
3 prior written consent of, the individual except: (1) to
4 officers and employees of the Secretary who have a need to
5 know the social security numbers in performance of their
6 official duties, (2) to law enforcement officials for a
7 lawful, civil or criminal law enforcement investigation, and
8 if the head of the law enforcement agency has made a written
9 request to the Secretary specifying the law enforcement
10 investigation for which the social security numbers are being
11 sought, (3) to the United States Department of
12 Transportation, or any other State, pursuant to the
13 administration and enforcement of the Commercial Motor
14 Vehicle Safety Act of 1986, (4) pursuant to the order of a
15 court of competent jurisdiction, or (5) to the Department of
16 Public Aid for utilization in the child support enforcement
17 duties assigned to that Department under provisions of the
18 Public Aid Code after the individual has received advanced
19 meaningful notification of what redisclosure is sought by the
20 Secretary in accordance with the federal Privacy Act;
21 provided, the redisclosure shall not be authorized by the
22 Secretary prior to September 30, 1992.
23 (i) The Secretary of State is empowered to promulgate
24 rules and regulations to effectuate this Section.
25 (j) Medical statements or medical reports received in
26 the Secretary of State's Office shall be confidential. No
27 confidential information may be open to public inspection or
28 the contents disclosed to anyone, except officers and
29 employees of the Secretary who have a need to know the
30 information contained in the medical reports and the Driver
31 License Medical Advisory Board, unless so directed by an
32 order of a court of competent jurisdiction.
33 (k) All fees collected under this Section shall be paid
34 into the Road Fund of the State Treasury, except that $3 of
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1 the $6 fee for a driver's record shall be paid into the
2 Secretary of State Special Services Fund.
3 (l) The Secretary of State shall report his
4 recommendations to the General Assembly by January 1, 1993,
5 regarding the sale and dissemination of the information
6 maintained by the Secretary, including the sale of lists of
7 driver and vehicle records.
8 (m) Notations of accident involvement that may be
9 disclosed under this Section shall not include notations
10 relating to damage to a vehicle or other property being
11 transported by a tow truck. This information shall remain
12 confidential, provided that nothing in this subsection (m)
13 shall limit disclosure of any notification of accident
14 involvement to any law enforcement agency or official.
15 (n) Requests made by the news media for driver's
16 license, vehicle, or title registration information may be
17 furnished without charge or at a reduced charge, as
18 determined by the Secretary, when the specific purpose for
19 requesting the documents is deemed to be in the public
20 interest. Waiver or reduction of the fee is in the public
21 interest if the principal purpose of the request is to access
22 and disseminate information regarding the health, safety, and
23 welfare or the legal rights of the general public and is not
24 for the principal purpose of gaining a personal or commercial
25 benefit.
26 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97;
27 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff.
28 7-1-99; 91-357, eff. 7-29-99.)
29 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
30 Sec. 6-204. When Court to forward License and Reports.
31 (a) For the purpose of providing to the Secretary of
32 State the records essential to the performance of the
33 Secretary's duties under this Code to cancel, revoke or
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1 suspend the driver's license and privilege to drive motor
2 vehicles of certain minors adjudicated truant minors in need
3 of supervision, addicted, or delinquent and of persons found
4 guilty of the criminal offenses or traffic violations which
5 this Code recognizes as evidence relating to unfitness to
6 safely operate motor vehicles, the following duties are
7 imposed upon public officials:
8 (1) 1. Whenever any person is convicted of any
9 offense for which this Code makes mandatory the
10 cancellation or revocation of the driver's license or
11 permit of such person by the Secretary of State, the
12 judge of the court in which such conviction is had shall
13 require the surrender to the clerk of the court of all
14 driver's licenses or permits then held by the person so
15 convicted, and the clerk of the court shall, within 10
16 days thereafter, forward the same, together with a report
17 of such conviction, to the Secretary.
18 (2) 2. Whenever any person is convicted of any
19 offense under this Code or similar offenses under a
20 municipal ordinance, other than regulations governing
21 standing, parking or weights of vehicles, and excepting
22 the following enumerated Sections of this Code: Sections
23 11-1406 (obstruction to driver's view or control),
24 11-1407 (improper opening of door into traffic), 11-1410
25 (coasting on downgrade), 11-1411 (following fire
26 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
27 (driving vehicle which is in unsafe condition or
28 improperly equipped), 12-201(a) (daytime lights on
29 motorcycles), 12-202 (clearance, identification and side
30 marker lamps), 12-204 (lamp or flag on projecting load),
31 12-205 (failure to display the safety lights required),
32 12-401 (restrictions as to tire equipment), 12-502
33 (mirrors), 12-503 (windshields must be unobstructed and
34 equipped with wipers), 12-601 (horns and warning
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1 devices), 12-602 (mufflers, prevention of noise or
2 smoke), 12-603 (seat safety belts), 12-702 (certain
3 vehicles to carry flares or other warning devices),
4 12-703 (vehicles for oiling roads operated on highways),
5 12-710 (splash guards and replacements), 13-101 (safety
6 tests), 15-101 (size, weight and load), 15-102 (width),
7 15-103 (height), 15-104 (name and address on second
8 division vehicles), 15-107 (length of vehicle), 15-109.1
9 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
10 15-301 (weights), 15-316 (weights), 15-318 (weights), and
11 also excepting the following enumerated Sections of the
12 Chicago Municipal Code: Sections 27-245 (following fire
13 apparatus), 27-254 (obstruction of traffic), 27-258
14 (driving vehicle which is in unsafe condition), 27-259
15 (coasting on downgrade), 27-264 (use of horns and signal
16 devices), 27-265 (obstruction to driver's view or driver
17 mechanism), 27-267 (dimming of headlights), 27-268
18 (unattended motor vehicle), 27-272 (illegal funeral
19 procession), 27-273 (funeral procession on boulevard),
20 27-275 (driving freighthauling vehicles on boulevard),
21 27-276 (stopping and standing of buses or taxicabs),
22 27-277 (cruising of public passenger vehicles), 27-305
23 (parallel parking), 27-306 (diagonal parking), 27-307
24 (parking not to obstruct traffic), 27-308 (stopping,
25 standing or parking regulated), 27-311 (parking
26 regulations), 27-312 (parking regulations), 27-313
27 (parking regulations), 27-314 (parking regulations),
28 27-315 (parking regulations), 27-316 (parking
29 regulations), 27-317 (parking regulations), 27-318
30 (parking regulations), 27-319 (parking regulations),
31 27-320 (parking regulations), 27-321 (parking
32 regulations), 27-322 (parking regulations), 27-324
33 (loading and unloading at an angle), 27-333 (wheel and
34 axle loads), 27-334 (load restrictions in the downtown
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1 district), 27-335 (load restrictions in residential
2 areas), 27-338 (width of vehicles), 27-339 (height of
3 vehicles), 27-340 (length of vehicles), 27-352
4 (reflectors on trailers), 27-353 (mufflers), 27-354
5 (display of plates), 27-355 (display of city vehicle tax
6 sticker), 27-357 (identification of vehicles), 27-358
7 (projecting of loads), and also excepting the following
8 enumerated paragraphs of Section 2-201 of the Rules and
9 Regulations of the Illinois State Toll Highway Authority:
10 (l) (driving unsafe vehicle on tollway), (m) (vehicles
11 transporting dangerous cargo not properly indicated), it
12 shall be the duty of the clerk of the court in which such
13 conviction is had within 10 days thereafter to forward to
14 the Secretary of State a report of the conviction and the
15 court may recommend the suspension of the driver's
16 license or permit of the person so convicted.
17 The reporting requirements of this subsection shall apply
18 to all violations stated in paragraphs (1) and (2) of this
19 subsection when the individual has been adjudicated under the
20 Juvenile Court Act or the Juvenile Court Act of 1987. Such
21 reporting requirements shall also apply to individuals
22 adjudicated under the Juvenile Court Act or the Juvenile
23 Court Act of 1987 who have committed a violation of Section
24 11-501 of this Code, or similar provision of a local
25 ordinance, or Section 9-3 of the Criminal Code of 1961, as
26 amended, relating to the offense of reckless homicide. The
27 reporting requirements of this subsection shall also apply to
28 a truant minor in need of supervision, an addicted minor, or
29 a delinquent minor and whose driver's license and privilege
30 to drive a motor vehicle has been ordered suspended for such
31 times as determined by the Court, but only until he or she
32 attains 18 years of age. It shall be the duty of the clerk
33 of the court in which adjudication is had within 10 days
34 thereafter to forward to the Secretary of State a report of
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1 the adjudication and the court order requiring the Secretary
2 of State to suspend the minor's driver's license and driving
3 privilege for such time as determined by the Court, but only
4 until he or she attains the age of 18 years. All juvenile
5 court dispositions reported to the Secretary of State under
6 this provision shall be processed by the Secretary of State
7 as if the cases had been adjudicated in traffic or criminal
8 court. However, information reported relative to the offense
9 of reckless homicide, or Section 11-501 of this Code, or a
10 similar provision of a local ordinance, shall be privileged
11 and available only to the Secretary of State, courts, and
12 police officers.
13 (3) 3. Whenever an order is entered vacating the
14 forfeiture of any bail, security or bond given to secure
15 appearance for any offense under this Code or similar
16 offenses under municipal ordinance, it shall be the duty
17 of the clerk of the court in which such vacation was had
18 or the judge of such court if such court has no clerk,
19 within 10 days thereafter to forward to the Secretary of
20 State a report of the vacation.
21 (4) 4. A report of any disposition of court
22 supervision for a violation of Sections 6-303, 11-401,
23 11-501 or a similar provision of a local ordinance,
24 11-503 and 11-504 shall be forwarded to the Secretary of
25 State. A report of any disposition of court supervision
26 for a violation of an offense defined as a serious
27 traffic violation in this Code or a similar provision of
28 a local ordinance committed by a person under the age of
29 21 years shall be forwarded to the Secretary of State.
30 (5) 5. Reports of conviction and sentencing hearing
31 under the Juvenile Court Act of 1987 in an electronic
32 format a computer processible medium shall be forwarded
33 to the Secretary of State via the Supreme Court in the
34 form and format required by the Illinois Supreme Court
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1 and established by a written agreement between the
2 Supreme Court and the Secretary of State. In counties
3 with a population over 300,000, instead of forwarding
4 reports to the Supreme Court, reports of conviction and
5 sentencing hearing under the Juvenile Court Act of 1987
6 in an electronic format a computer processible medium may
7 be forwarded to the Secretary of State by the Circuit
8 Court Clerk in a form and format required by the
9 Secretary of State and established by written agreement
10 between the Circuit Court Clerk and the Secretary of
11 State. Failure to forward the reports of conviction or
12 sentencing hearing under the Juvenile Court Act of 1987
13 as required by this Section shall be deemed an omission
14 of duty and it shall be the duty of the several State's
15 Attorneys to enforce the requirements of this Section.
16 (b) Whenever a restricted driving permit is forwarded to
17 a court, as a result of confiscation by a police officer
18 pursuant to the authority in Section 6-113(f), it shall be
19 the duty of the clerk, or judge, if the court has no clerk,
20 to forward such restricted driving permit and a facsimile of
21 the officer's citation to the Secretary of State as
22 expeditiously as practicable.
23 (c) For the purposes of this Code, a forfeiture of bail
24 or collateral deposited to secure a defendant's appearance in
25 court when forfeiture has not been vacated, or the failure of
26 a defendant to appear for trial after depositing his driver's
27 license in lieu of other bail, shall be equivalent to a
28 conviction.
29 (d) For the purpose of providing the Secretary of State
30 with records necessary to properly monitor and assess driver
31 performance and assist the courts in the proper disposition
32 of repeat traffic law offenders, the clerk of the court shall
33 forward to the Secretary of State, either on paper or in an
34 electronic format, in on a form prescribed by the Secretary,
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1 records of any disposition of court supervision for any
2 traffic violation, excluding those listed in paragraph (a)(2)
3 of this Section, or records of a driver's participation in a
4 driver remedial or rehabilitative program which was required,
5 through a court order or court supervision, in relation to
6 the driver's arrest for a violation of Section 11-501 of this
7 Code or a similar provision of a local ordinance. These Such
8 reports shall be sent within 10 days after disposition, or,
9 if the driver is referred to a the driver's referral to such
10 driver remedial or rehabilitative program, within 10 days of
11 the driver's referral to that program. These reports received
12 by the Secretary of State, including those required to be
13 forwarded under paragraph (a)(4), shall be privileged
14 information, available only (i) to the affected driver and
15 (ii) for use by the courts, police officers, prosecuting
16 authorities, and the Secretary of State. Such reports,
17 including those required to be forwarded under subsection 4
18 of paragraph (a), shall be recorded to the driver's file, but
19 shall not be released to any outside source, except the
20 affected driver, and shall be used only to assist in
21 assessing driver performance and for the purpose of informing
22 the courts that such driver has been previously assigned
23 court supervision or referred to a driver's remedial or
24 rehabilitative program.
25 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
26 91-357, eff. 7-29-99.)
27 (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
28 Sec. 16-104a. Additional penalty for certain violations.
29 There is added to every fine imposed upon conviction of an
30 offense reportable to the Secretary of State under the
31 provisions of subdivision (a) (2) of Section 6-204 of this
32 Act an additional penalty of $4 for each $40, or fraction
33 thereof, of fine imposed. Each such additional penalty
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1 received shall be remitted within one month to the State
2 Treasurer to be deposited into the Drivers Education Fund,
3 unless the additional penalty is subject to disbursement by
4 the circuit clerk under Section 27.5 of the Clerks of Courts
5 Act. Such additional amounts shall be assessed by the court
6 and shall be collected by the Clerk of the Circuit Court in
7 addition to the fine and costs in the case. Such additional
8 penalty shall not be considered a part of the fine for
9 purposes of any reduction made in the fine for time served
10 either before or after sentencing. Not later than March 1 of
11 each year the Clerk of the Circuit Court shall submit to the
12 State Comptroller a report of the amount of funds remitted by
13 him to the State Treasurer under this Section during the
14 preceding calendar year. Except as otherwise provided by
15 Supreme Court Rules, if a court in sentencing an offender
16 levies a gross amount for fine, costs, fees and penalties,
17 the amount of the additional penalty provided for herein
18 shall be computed on the amount remaining after deducting
19 from the gross amount levied all fees of the Circuit Clerk,
20 the State's Attorney and the Sheriff. After deducting from
21 the gross amount levied the fees and additional penalty
22 provided for herein, less any other additional penalties
23 provided by law, the clerk shall remit the net balance
24 remaining to the entity authorized by law to receive the fine
25 imposed in the case. For purposes of this Section "fees of
26 the Circuit Clerk" shall include, if applicable, the fee
27 provided for under Section 27.3a of the Clerks of Courts Act
28 and the fee, if applicable, payable to the county in which
29 the violation occurred pursuant to Section 5-1101 of the
30 Counties Code.
31 When bail is forfeited for failure to appear in
32 connection with an offense reportable to the Secretary of
33 State under subdivision (a) (2) of Section 6-204 of this Act,
34 and no fine is imposed ex parte, $4 of every $40 cash
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1 deposit, or fraction thereof, given to secure appearance
2 shall be remitted within one month to the State Treasurer to
3 be deposited into the Drivers Education Fund, unless the bail
4 is subject to disbursement by the circuit clerk under Section
5 27.5 of the Clerks of Courts Act.
6 (Source: P.A. 86-1475; 87-670.)
7 Section 99. This Act takes effect on October 1, 2000.
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