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Public Act 100-0074
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| HB2611 Enrolled | LRB100 10112 AXK 20286 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Section 6-204 as follows:
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(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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Sec. 6-204. When Court to forward license and reports.
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(a) For the purpose of providing to the Secretary of State |
the records
essential to the performance of the Secretary's |
duties under this Code to
cancel, revoke or suspend the |
driver's license and privilege to drive motor
vehicles of |
certain minors adjudicated truant minors in need of |
supervision,
addicted, or delinquent and of persons
found |
guilty of the criminal offenses or traffic violations
which |
this Code recognizes as evidence relating to unfitness to |
safely operate
motor vehicles, the following duties are imposed |
upon public officials:
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(1) Whenever any person is convicted of any offense for |
which
this
Code makes mandatory the cancellation or |
revocation of the driver's
license or permit of such person |
by the Secretary of State, the judge of the
court in which |
such conviction is had shall require the surrender to the |
clerk
of the court of all driver's licenses or permits then |
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held by the person so
convicted, and the clerk of the court |
shall, within 5 days thereafter, forward
the same, together |
with a report of such conviction, to the Secretary.
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(2) Whenever any person is convicted of any offense |
under this
Code or
similar offenses under a municipal |
ordinance, other than regulations
governing standing, |
parking or weights of vehicles, and excepting the
following |
enumerated Sections of this Code: Sections 11-1406 |
(obstruction
to driver's view or control), 11-1407 |
(improper opening of door into
traffic), 11-1410 (coasting |
on downgrade), 11-1411 (following fire
apparatus), |
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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vehicle which is in unsafe condition or improperly |
equipped), 12-201(a)
(daytime lights on motorcycles), |
12-202 (clearance, identification and
side marker lamps), |
12-204 (lamp or flag on projecting load), 12-205
(failure |
to display the safety lights required), 12-401 |
(restrictions as
to tire equipment), 12-502 (mirrors), |
12-503 (windshields must be
unobstructed and equipped with |
wipers), 12-601 (horns and warning
devices), 12-602 |
(mufflers, prevention of noise or smoke), 12-603 (seat
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safety belts), 12-702 (certain vehicles to carry flares or |
other warning
devices), 12-703 (vehicles for oiling roads |
operated on highways),
12-710 (splash guards and |
replacements), 13-101 (safety tests), 15-101
(size, weight |
and load), 15-102 (width), 15-103 (height), 15-104 (name
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and address on second division vehicles), 15-107 (length of |
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
15-112 (weights), 15-301
(weights), 15-316 (weights), |
15-318 (weights), and also excepting the following
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enumerated Sections of the Chicago Municipal Code: |
Sections 27-245 (following
fire apparatus), 27-254 |
(obstruction of traffic), 27-258 (driving vehicle which
is |
in unsafe condition), 27-259 (coasting on downgrade), |
27-264 (use of horns
and signal devices), 27-265 |
(obstruction to driver's view or driver mechanism),
27-267 |
(dimming of headlights), 27-268 (unattended motor |
vehicle), 27-272
(illegal funeral procession), 27-273 |
(funeral procession on boulevard), 27-275
(driving freight |
hauling vehicles on boulevard), 27-276 (stopping and |
standing
of buses or taxicabs), 27-277 (cruising of public |
passenger vehicles), 27-305
(parallel parking), 27-306 |
(diagonal parking), 27-307 (parking not to obstruct
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traffic), 27-308 (stopping, standing or parking |
regulated), 27-311 (parking
regulations), 27-312 (parking |
regulations), 27-313 (parking regulations),
27-314 |
(parking regulations), 27-315 (parking regulations), |
27-316 (parking
regulations), 27-317 (parking |
regulations), 27-318 (parking regulations),
27-319 |
(parking regulations), 27-320 (parking regulations), |
27-321 (parking
regulations), 27-322 (parking |
regulations), 27-324 (loading and
unloading at an angle), |
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27-333 (wheel and axle loads), 27-334 (load
restrictions in |
the downtown district), 27-335 (load restrictions in
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residential areas), 27-338 (width of vehicles), 27-339 |
(height of
vehicles), 27-340 (length of vehicles), 27-352 |
(reflectors on trailers),
27-353 (mufflers), 27-354 |
(display of plates), 27-355 (display of city
vehicle tax |
sticker), 27-357 (identification of vehicles), 27-358
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(projecting of loads), and also excepting the following |
enumerated
paragraphs of Section 2-201 of the Rules and |
Regulations of the Illinois
State Toll Highway Authority: |
(l) (driving unsafe vehicle on tollway),
(m) (vehicles |
transporting dangerous cargo not properly indicated), it
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shall be the duty of the clerk of the court in which such |
conviction is
had within 5 days thereafter to forward to |
the Secretary of State a report of
the conviction and the |
court may recommend the suspension of the driver's
license |
or permit of the person so convicted.
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The reporting requirements of this subsection shall |
apply to all
violations stated in paragraphs (1) and (2) of |
this
subsection when the
individual has been adjudicated |
under the Juvenile Court Act or the
Juvenile Court Act of |
1987. Such reporting requirements shall also apply to
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individuals adjudicated under the Juvenile Court Act or the |
Juvenile Court Act
of 1987 who have committed a violation |
of Section 11-501 of this Code, or
similar provision of a |
local ordinance, or Section 9-3 of the Criminal Code
of |
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1961 or the Criminal Code of 2012, relating to the offense |
of reckless homicide, or Section 5-7 of the Snowmobile |
Registration and Safety Act or Section 5-16 of the Boat |
Registration and Safety Act, relating to the offense of |
operating a snowmobile or a watercraft while under the |
influence of alcohol, other drug or drugs, intoxicating |
compound or compounds, or combination thereof.
These |
reporting requirements also apply to individuals |
adjudicated under the Juvenile Court Act of 1987 based on |
any offense determined to have been committed in |
furtherance of the criminal activities of an organized |
gang, as provided in Section 5-710 of that Act, and that |
involved the operation or use of a motor vehicle or the use |
of a driver's license or permit. The reporting requirements |
of this subsection shall also apply to
a truant minor in |
need of supervision, an addicted
minor, or a delinquent |
minor and whose driver's license and privilege to
drive a |
motor vehicle has been ordered suspended for such times as |
determined
by the Court, but only until he or she attains
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18 years of age. It shall be the duty of the clerk of the |
court in which
adjudication is had within 5 days thereafter |
to forward to the Secretary of
State a report of the |
adjudication and the court order requiring the Secretary
of |
State to suspend the minor's driver's license and driving |
privilege for such
time as determined by the Court, but |
only until he or she attains the age of 18
years. All |
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juvenile court dispositions reported to the Secretary of |
State
under this provision shall be processed by the |
Secretary of State as if the
cases had been adjudicated in |
traffic or criminal court. However, information
reported |
relative to the offense of reckless homicide, or Section |
11-501 of
this Code, or a similar provision of a local |
ordinance, shall be privileged
and available only to the |
Secretary of State, courts, and police officers.
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The reporting requirements of this subsection (a) |
apply to all violations listed in paragraphs (1) and (2) of |
this subsection (a), excluding parking violations, when |
the driver holds a CLP or CDL, regardless of the type of |
vehicle in which the violation occurred, or when any driver |
committed the violation in a commercial motor vehicle as |
defined in Section 6-500 of this Code.
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(3) Whenever an order is entered vacating the |
forfeiture of any
bail,
security or bond given to secure |
appearance for any offense under this
Code or similar |
offenses under municipal ordinance, it shall be the duty
of |
the clerk of the court in which such vacation was had or |
the judge of
such court if such court has no clerk, within |
5 days thereafter to
forward to the Secretary of State a |
report of the vacation.
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(4) A report of any disposition of court supervision |
for a
violation of
Sections 6-303, 11-401, 11-501 or a |
similar provision of a local ordinance,
11-503, 11-504, and |
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11-506 of this Code, Section 5-7 of the Snowmobile |
Registration and Safety Act, and Section 5-16 of the Boat |
Registration and Safety Act shall be forwarded to the |
Secretary of State.
A report of any disposition of court |
supervision for a violation of an offense
defined as a |
serious traffic violation in this Code or a similar |
provision of a
local ordinance committed by a person under |
the age of 21 years shall be
forwarded to the Secretary of |
State.
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(5) Reports of conviction
under this Code
and |
sentencing hearings under the
Juvenile Court
Act of 1987 in |
an electronic format
or a computer processible medium
shall
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be
forwarded to the Secretary of State via the Supreme |
Court in the form and
format required by the Illinois |
Supreme Court and established by a written
agreement |
between the Supreme Court and the Secretary of State.
In |
counties with a population over 300,000, instead of |
forwarding reports to
the Supreme Court, reports of |
conviction
under this Code
and sentencing hearings under |
the
Juvenile Court Act of 1987 in an electronic format
or a |
computer processible medium
may
be forwarded to the |
Secretary of State by the Circuit Court Clerk in a form and
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format required by the Secretary of State and established |
by written agreement
between the Circuit Court Clerk and |
the Secretary of State. Failure to
forward the reports of |
conviction or sentencing hearing under the Juvenile
Court |
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Act of 1987 as required by this Section shall be
deemed an |
omission of duty and it shall be the duty of the several |
State's
Attorneys to enforce the requirements of this |
Section.
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(b) Whenever a restricted driving permit is forwarded to a |
court, as a
result of confiscation by a police officer pursuant |
to the authority in
Section 6-113(f), it shall be the duty of |
the clerk, or judge, if the court
has no clerk, to forward such |
restricted driving permit and a facsimile of
the officer's |
citation to the Secretary of State as expeditiously as
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practicable.
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(c) For the purposes of this Code, a forfeiture of bail or |
collateral
deposited to secure a defendant's appearance in |
court when forfeiture
has not been vacated, or the failure of a |
defendant to appear for trial
after depositing his driver's |
license in lieu of other bail, shall be
equivalent to a |
conviction.
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(d) For the purpose of providing the Secretary of State |
with records
necessary to properly monitor and assess driver |
performance and assist the
courts in the proper disposition of |
repeat traffic law offenders, the clerk
of the court shall |
forward to the Secretary of State,
on a form prescribed
by the |
Secretary, records of a driver's participation in a driver |
remedial
or rehabilitative program which was required, through |
a court order or court
supervision, in relation to the driver's |
arrest for a violation of Section
11-501 of this Code or a |
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similar provision of a local ordinance.
The clerk of the court |
shall also forward to the Secretary, either on
paper or in an |
electronic format or a computer processible medium as required
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under paragraph (5) of subsection (a) of this Section, any |
disposition
of court supervision for any traffic violation,
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excluding those offenses listed in paragraph (2)
of subsection |
(a) of this Section.
These reports
shall be sent within 5
days |
after disposition, or, if
the driver is
referred to a driver
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remedial or rehabilitative program, within 5 days of the |
driver's referral
to that program.
These reports received by |
the Secretary of State, including those required to
be |
forwarded under paragraph (a)(4), shall be privileged |
information, available
only (i) to the affected driver, (ii) to |
the parent or guardian of a person under the age of 18 years |
holding an instruction permit or a graduated driver's license, |
and (iii) for use by the courts, police
officers, prosecuting |
authorities, the Secretary of State, and the driver licensing |
administrator of any other state. In accordance with 49 C.F.R. |
Part 384, all reports of court supervision, except violations |
related to parking, shall be forwarded to the Secretary of |
State for all holders of a CLP or CDL or any driver who commits |
an offense while driving a commercial motor vehicle. These |
reports shall be recorded to the driver's record as a |
conviction for use in the disqualification of the driver's |
commercial motor vehicle privileges and shall not be privileged |
information.
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