HB0769 Engrossed

LRB094 07021 DRH 37160 b






1
    AN ACT concerning transportation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 5. The Illinois Vehicle Code is amended  by changing 
5
Section 6-306.6 as follows:
 



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


7
    Sec. 6-306.6. Failure to pay traffic fines, penalties, or 
8
court costs. 

9
    (a) Whenever any resident of this State fails to pay any 
10
traffic fine,
penalty,
or cost imposed for a violation of this 
11
Code, or similar provision of
local ordinance, the clerk may 
12
notify the Secretary of State, on
a report
prescribed by the 
13
Secretary, and the Secretary shall prohibit the renewal,

14
reissue or reinstatement of such resident's driving privileges 
15
until such
fine, penalty, or cost has been paid in full.  The 
16
clerk
shall provide notice to
the driver, at the driver's last 
17
known address as shown on the court's
records, stating that 
18
such action
will be effective on the 46th day following the 
19
date of the above notice if
payment is not received in full by 
20
the court of venue.

21
    (a-1)  Whenever any resident of this State who has made a 
22
partial payment on any traffic fine, penalty, or cost that was 
23
imposed under a conviction entered on or after the effective 
24
date of this amendatory Act of the 93rd General Assembly, for a 
25
violation of this Code or a similar provision of a local 
26
ordinance, fails to pay the remainder of the outstanding fine, 
27
penalty, or cost within the time limit set by the court, the 
28
clerk may notify the Secretary of State, on a report prescribed 
29
by the Secretary, and the Secretary shall prohibit the renewal, 
30
reissue, or reinstatement of the resident's driving privileges 
31
until the fine, penalty, or cost has been paid in full.  The 
32
clerk shall provide notice to the driver, at the driver's last 
 


 






HB0769 Engrossed
- 2 -
LRB094 07021 DRH 37160 b




1
known address as shown on the court's records, stating that the 
2
action will be effective on the 46th day following the date of 
3
the notice if payment is not received in full by the court of 
4
venue.

5
    (b) Except as provided in subsection (b-1), following

6
Following receipt of the report from the clerk, the
Secretary 
7
of
State shall make the proper notation to the driver's file to 
8
prohibit the
renewal, reissue or reinstatement of such driver's 
9
driving privileges.
Except as provided in paragraph (2) of 
10
subsection (d) of this Section, such
notation shall not be 
11
removed from the driver's record until the
driver satisfies the 
12
outstanding fine, penalty, or cost and an
appropriate notice on

13
a form prescribed by the Secretary is received by the Secretary 
14
from the
court of venue, stating that such fine, penalty, or 
15
cost has been paid
in full.
Upon payment in full of a traffic 
16
fine, penalty, or court cost which has
previously been reported 
17
under this Section as unpaid, the clerk of the
court shall 
18
present the driver with a signed receipt containing the seal of

19
the court indicating that such fine, penalty, or cost has been 
20
paid in
full, and
shall forward forthwith to the Secretary of 
21
State a notice stating that the
fine, penalty, or cost has been 
22
paid in full.

23
    (b-1) In a county with a population of 3,000,000 or more, 
24
following receipt of the report from the clerk, the
Secretary 
25
of
State shall make the proper notation to the driver's file to 
26
prohibit the
renewal, reissue or reinstatement of such driver's 
27
driving privileges.
Except as provided in paragraph (2) of 
28
subsection (d) of this Section, such
notation shall not be 
29
removed from the driver's record until the
driver satisfies the 
30
outstanding fine, penalty, or cost and an
appropriate notice on

31
a form prescribed by the Secretary is received by the Secretary 
32
directly from the
court of venue, stating that such fine, 
33
penalty, or cost has been paid
in full.
Upon payment in full of 
34
a traffic fine, penalty, or court cost which has
previously 
35
been reported under this Section as unpaid, the clerk of the

36
court shall forward forthwith directly to the Secretary of 
 


 






HB0769 Engrossed
- 3 -
LRB094 07021 DRH 37160 b




1
State a notice stating that the
fine, penalty, or cost has been 
2
paid in full and shall provide the driver with a signed receipt 
3
containing the seal of the court, indicating that the fine, 
4
penalty, and cost have been paid in full. The receipt may not 
5
be used by the driver to clear the driver's record.

6
    (c) The provisions of this Section shall be limited to a 
7
single action
per arrest and as a post conviction measure only.  
8
Fines, penalty, or

costs to be
collected subsequent to orders 
9
of court supervision, or other available
court diversions are 
10
not applicable to this Section.

11
    (d) (1) Notwithstanding the receipt of a report from the 
12
clerk
as
prescribed in subsection (a), nothing in this Section 
13
is intended to place
any responsibility upon the Secretary of 
14
State to provide independent
notice to the driver of any 
15
potential action to disallow the renewal,
reissue or 
16
reinstatement of such driver's driving privileges.

17
    (2) The Secretary of State shall renew, reissue or 
18
reinstate a
driver's driving privileges which were previously 
19
refused pursuant to this
Section upon presentation of an 
20
original receipt which is signed by the
clerk of the court and 
21
contains the seal of the court indicating that the
fine, 
22
penalty, or cost has been paid in full.  The Secretary of State

23
shall retain
such receipt for his records.

24
(Source: P.A. 93-788, eff. 1-1-05.)


 
25
    Section 99. Effective date. This Act takes effect January 
26
1, 2006.