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

 

 

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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

 

 

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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.