Public Act 094-0618
 		





HB0769 Enrolled
LRB094 07021 DRH 37160 b






    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Section 6-306.6 as follows:
 



    (625 ILCS 5/6-306.6)  (from Ch. 95 1/2, par. 6-306.6)


    Sec. 6-306.6. Failure to pay traffic fines, penalties, or 
court costs. 

    (a) Whenever any resident of this State fails to pay any 
traffic fine,
penalty,
or cost imposed for a violation of this 
Code, or similar provision of
local ordinance, the clerk may 
notify the Secretary of State, on
a report
prescribed by the 
Secretary, and the Secretary shall prohibit the renewal,

reissue or reinstatement of such resident's driving privileges 
until such
fine, penalty, or cost has been paid in full.  The 
clerk
shall provide notice to
the driver, at the driver's last 
known address as shown on the court's
records, stating that 
such action
will be effective on the 46th day following the 
date of the above notice if
payment is not received in full by 
the court of venue.

    (a-1)  Whenever any resident of this State who has made a 
partial payment on any traffic fine, penalty, or cost that was 
imposed under a conviction entered on or after the effective 
date of this amendatory Act of the 93rd General Assembly, for a 
violation of this Code or a similar provision of a local 
ordinance, fails to pay the remainder of the outstanding fine, 
penalty, or cost within the time limit set by the court, the 
clerk may notify the Secretary of State, on a report prescribed 
by the Secretary, and the Secretary shall prohibit the renewal, 
reissue, or reinstatement of the resident's driving privileges 
until the fine, penalty, or cost has been paid in full.  The 
clerk shall provide notice to the driver, at the driver's last 
known address as shown on the court's records, stating that the 
action will be effective on the 46th day following the date of 
the notice if payment is not received in full by the court of 
venue.

    (b) Except as provided in subsection (b-1), following

Following receipt of the report from the clerk, the
Secretary 
of
State shall make the proper notation to the driver's file to 
prohibit the
renewal, reissue or reinstatement of such driver's 
driving privileges.
Except as provided in paragraph (2) of 
subsection (d) of this Section, such
notation shall not be 
removed from the driver's record until the
driver satisfies the 
outstanding fine, penalty, or cost and an
appropriate notice on

a form prescribed by the Secretary is received by the Secretary 
from the
court of venue, stating that such fine, penalty, or 
cost has been paid
in full.
Upon payment in full of a traffic 
fine, penalty, or court cost which has
previously been reported 
under this Section as unpaid, the clerk of the
court shall 
present the driver with a signed receipt containing the seal of

the court indicating that such fine, penalty, or cost has been 
paid in
full, and
shall forward forthwith to the Secretary of 
State a notice stating that the
fine, penalty, or cost has been 
paid in full.

    (b-1) In a county with a population of 3,000,000 or more, 
following receipt of the report from the clerk, the
Secretary 
of
State shall make the proper notation to the driver's file to 
prohibit the
renewal, reissue or reinstatement of such driver's 
driving privileges.
Such notation shall not be removed from the 
driver's record until the
driver satisfies the outstanding 
fine, penalty, or cost and an
appropriate notice on
a form 
prescribed by the Secretary is received by the Secretary 
directly from the
court of venue, stating that such fine, 
penalty, or cost has been paid
in full.
Upon payment in full of 
a traffic fine, penalty, or court cost which has
previously 
been reported under this Section as unpaid, the clerk of the

court shall forward forthwith directly to the Secretary of 
State a notice stating that the
fine, penalty, or cost has been 
paid in full and shall provide the driver with a signed receipt 
containing the seal of the court, indicating that the fine, 
penalty, and cost have been paid in full. The receipt may not 
be used by the driver to clear the driver's record.

    (c) The provisions of this Section shall be limited to a 
single action
per arrest and as a post conviction measure only.  
Fines, penalty, or

costs to be
collected subsequent to orders 
of court supervision, or other available
court diversions are 
not applicable to this Section.

    (d) (1) Notwithstanding the receipt of a report from the 
clerk
as
prescribed in subsection (a), nothing in this Section 
is intended to place
any responsibility upon the Secretary of 
State to provide independent
notice to the driver of any 
potential action to disallow the renewal,
reissue or 
reinstatement of such driver's driving privileges.

    (2) Except as provided in subsection (b-1), the
The

Secretary of State shall renew, reissue or reinstate a
driver's 
driving privileges which were previously refused pursuant to 
this
Section upon presentation of an original receipt which is 
signed by the
clerk of the court and contains the seal of the 
court indicating that the
fine, penalty, or cost has been paid 
in full.  The Secretary of State
shall retain
such receipt for 
his records.

(Source: P.A. 93-788, eff. 1-1-05.)


 
    Section 99. Effective date. This Act takes effect January 
1, 2006.