State Government Administration Committee
Filed: 3/2/2005
 
 

 




 

 		












09400HB0769ham001

LRB094 07021 DRH 42820 a






1

AMENDMENT TO HOUSE BILL 769




2
    AMENDMENT NO. ______. Amend House Bill 769 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Illinois Vehicle Code is amended  by 
5
changing 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 
 


 






09400HB0769ham001
- 2 -
LRB094 07021 DRH 42820 a




1
violation of this Code or a similar provision of a local 
2
ordinance, fails to pay the remainder of the outstanding fine, 
3
penalty, or cost within the time limit set by the court, the 
4
clerk may notify the Secretary of State, on a report prescribed 
5
by the Secretary, and the Secretary shall prohibit the renewal, 
6
reissue, or reinstatement of the resident's driving privileges 
7
until the fine, penalty, or cost has been paid in full.  The 
8
clerk shall provide notice to the driver, at the driver's last 
9
known address as shown on the court's records, stating that the 
10
action will be effective on the 46th day following the date of 
11
the notice if payment is not received in full by the court of 
12
venue.

13
    (b) Except as provided in subsection (b-1), following

14
Following receipt of the report from the clerk, the
Secretary 
15
of
State shall make the proper notation to the driver's file to 
16
prohibit the
renewal, reissue or reinstatement of such driver's 
17
driving privileges.
Except as provided in paragraph (2) of 
18
subsection (d) of this Section, such
notation shall not be 
19
removed from the driver's record until the
driver satisfies the 
20
outstanding fine, penalty, or cost and an
appropriate notice on

21
a form prescribed by the Secretary is received by the Secretary 
22
from the
court of venue, stating that such fine, penalty, or 
23
cost has been paid
in full.
Upon payment in full of a traffic 
24
fine, penalty, or court cost which has
previously been reported 
25
under this Section as unpaid, the clerk of the
court shall 
26
present the driver with a signed receipt containing the seal of

27
the court indicating that such fine, penalty, or cost has been 
28
paid in
full, and
shall forward forthwith to the Secretary of 
29
State a notice stating that the
fine, penalty, or cost has been 
30
paid in full.

31
    (b-1) In a county with a population of 3,000,000 or more, 
32
following receipt of the report from the clerk, the
Secretary 
33
of
State shall make the proper notation to the driver's file to 
34
prohibit the
renewal, reissue or reinstatement of such driver's 
 


 






09400HB0769ham001
- 3 -
LRB094 07021 DRH 42820 a




1
driving privileges.
Except as provided in paragraph (2) of 
2
subsection (d) of this Section, such
notation shall not be 
3
removed from the driver's record until the
driver satisfies the 
4
outstanding fine, penalty, or cost and an
appropriate notice on

5
a form prescribed by the Secretary is received by the Secretary 
6
directly from the
court of venue, stating that such fine, 
7
penalty, or cost has been paid
in full.
Upon payment in full of 
8
a traffic fine, penalty, or court cost which has
previously 
9
been reported under this Section as unpaid, the clerk of the

10
court shall forward forthwith directly to the Secretary of 
11
State a notice stating that the
fine, penalty, or cost has been 
12
paid in full and shall provide the driver with a signed receipt 
13
containing the seal of the court, indicating that the fine, 
14
penalty, and cost have been paid in full. The receipt may not 
15
be used by the driver to clear the driver's record.

16
    (c) The provisions of this Section shall be limited to a 
17
single action
per arrest and as a post conviction measure only.  
18
Fines, penalty, or

costs to be
collected subsequent to orders 
19
of court supervision, or other available
court diversions are 
20
not applicable to this Section.

21
    (d) (1) Notwithstanding the receipt of a report from the 
22
clerk
as
prescribed in subsection (a), nothing in this Section 
23
is intended to place
any responsibility upon the Secretary of 
24
State to provide independent
notice to the driver of any 
25
potential action to disallow the renewal,
reissue or 
26
reinstatement of such driver's driving privileges.

27
    (2) The Secretary of State shall renew, reissue or 
28
reinstate a
driver's driving privileges which were previously 
29
refused pursuant to this
Section upon presentation of an 
30
original receipt which is signed by the
clerk of the court and 
31
contains the seal of the court indicating that the
fine, 
32
penalty, or cost has been paid in full.  The Secretary of State

33
shall retain
such receipt for his records.

34
(Source: P.A. 93-788, eff. 1-1-05.)


 
 


 






09400HB0769ham001
- 4 -
LRB094 07021 DRH 42820 a




1
    Section 99. Effective date. This Act takes effect January 
2
1, 2006.".