94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB0769


 
Introduced 2/1/2005, by Rep. Cynthia Soto
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Illinois Vehicle Code. Amends the provision regarding failure to pay fines, penalties, and court costs to provide that the Secretary of State may not remove the notation indicating a driver's failure to pay until the Secretary has received, directly from the court of venue (rather than from the driver), written notice of payment. Provides that, if full payment has been received, the court shall provide the driver with a receipt indicating payment in full. Provides that the receipt provided to the driver may not be used by the driver to clear the driver's record. Effective immediately.
















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A BILL FOR









 











HB0769

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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 
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Section 6-306.6 as follows:
 



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



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

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

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

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


 






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

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    (b) Following receipt of the report from the clerk, the

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

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appropriate notice on
a form prescribed by the Secretary is 
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received by the Secretary directly from the
court of venue, 
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stating that such fine, penalty, or cost has been paid
in full.

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Upon payment in full of a traffic fine, penalty, or court cost 
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which has
previously been reported under this Section as 
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unpaid, the clerk of the
court shall present the driver with a 
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signed receipt containing the seal of
the court indicating that 
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such fine, penalty, or cost has been paid in
full, and
shall 
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forward forthwith directly to the Secretary of State a notice 
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stating that the
fine, penalty, or cost has been paid in full 
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and shall provide the driver with a signed receipt containing 
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the seal of the court, indicating that the fine, penalty, and 
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cost have been paid in full. The receipt may not be used by the 
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driver to clear the driver's record.

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

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

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

 


 






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

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shall retain
such receipt for his records.

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

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.