Full Text of SB3321 98th General Assembly
SB3321 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3321 Introduced 2/14/2014, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/6-306.6 | from Ch. 95 1/2, par. 6-306.6 |
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Amends the Illinois Vehicle Code. Provides that failure to pay a fine for a violation of any statute, not just traffic violations, on a conviction entered on or after the effective date of this amendatory Act will prevent the issuance, renewal, reissue, or reinstatement of driving privileges.
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| | A BILL FOR |
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| 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, | 8 | | fees, or court costs.
| 9 | | (a) Whenever any resident of this State fails to pay any | 10 | | traffic fine,
penalty, fee,
or cost imposed for a violation of | 11 | | this Code, any other statute, or similar provision of
local | 12 | | ordinance, the clerk may notify the Secretary of State, on
a | 13 | | report
prescribed by the Secretary, and the Secretary shall | 14 | | prohibit the issuance, renewal,
reissue or reinstatement of | 15 | | such resident's driving privileges until such
fine, penalty, | 16 | | fee, or cost has been paid in full. The clerk
shall provide | 17 | | notice to
the driver, at the driver's last known address as | 18 | | shown on the court's
records, stating that such action
will be | 19 | | effective on the 46th day following the date of the above | 20 | | notice if
payment is not received in full by the court of | 21 | | venue.
| 22 | | (a-1) Whenever any resident of this State who has made a | 23 | | partial payment on any traffic fine, penalty, or cost that was |
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| 1 | | imposed under a conviction entered on or after the effective | 2 | | date of this amendatory Act of the 93rd General Assembly, for a | 3 | | violation of this Code or a similar provision of a local | 4 | | ordinance, or any fine, fee, penalty, or cost that was imposed | 5 | | under a conviction entered on or after the effective date of | 6 | | this amendatory Act of the 98th General Assembly for a | 7 | | violation of this Code, any other statute, or a similar | 8 | | provision of a local ordinance, fails to pay the remainder of | 9 | | the outstanding fine, penalty, fee, or cost within the time | 10 | | limit set by the court, the clerk may notify the Secretary of | 11 | | State, on a report prescribed by the Secretary, and the | 12 | | Secretary shall prohibit the renewal, reissue, or | 13 | | reinstatement of the resident's driving privileges until the | 14 | | fine, penalty, fee, or cost has been paid in full. The clerk | 15 | | shall provide notice to the driver, at the driver's last known | 16 | | address as shown on the court's records, stating that the | 17 | | action will be effective on the 46th day following the date of | 18 | | the notice if payment is not received in full by the court of | 19 | | venue.
| 20 | | (b) Except as provided in subsection (b-1), following | 21 | | receipt of the report from the clerk, the
Secretary of
State | 22 | | shall make the proper notation to the driver's file to prohibit | 23 | | the issuance,
renewal, reissue or reinstatement of such | 24 | | driver's driving privileges.
Except as provided in paragraph | 25 | | (2) of subsection (d) of this Section, such
notation shall not | 26 | | be removed from the driver's record until the
driver satisfies |
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| 1 | | the outstanding fine, penalty, fee, or cost and an
appropriate | 2 | | notice on
a form prescribed by the Secretary is received by the | 3 | | Secretary from the
court of venue, stating that such fine, | 4 | | penalty, fee, or cost has been paid
in full.
Upon payment in | 5 | | full of a traffic fine, penalty, or court cost which has
| 6 | | previously been reported under this Section as unpaid, the | 7 | | clerk of the
court shall present the driver with a signed | 8 | | receipt containing the seal of
the court indicating that such | 9 | | fine, penalty, fee, or cost has been paid in
full, and
shall | 10 | | forward forthwith to the Secretary of State a notice stating | 11 | | that the
fine, penalty, fee, or cost has been paid in full.
| 12 | | (b-1) In a county with a population of 3,000,000 or more, | 13 | | following receipt of the report from the clerk, the
Secretary | 14 | | of
State shall make the proper notation to the driver's file to | 15 | | prohibit the
issuance, renewal, reissue or reinstatement of | 16 | | such driver's driving privileges.
Such notation shall not be | 17 | | removed from the driver's record until the
driver satisfies the | 18 | | outstanding fine, penalty, fee, or cost and an
appropriate | 19 | | notice on
a form prescribed by the Secretary is received by the | 20 | | Secretary directly from the
court of venue, stating that such | 21 | | fine, penalty, fee, or cost has been paid
in full.
Upon payment | 22 | | in full of a traffic fine, penalty, or court cost which has
| 23 | | previously been reported under this Section as unpaid, the | 24 | | clerk of the
court shall forward forthwith directly to the | 25 | | Secretary of State a notice stating that the
fine, penalty, | 26 | | fee, or cost has been paid in full and shall provide the driver |
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| 1 | | with a signed receipt containing the seal of the court, | 2 | | indicating that the fine, penalty, and cost have been paid in | 3 | | full. The receipt may not be used by the driver to clear the | 4 | | driver's record.
| 5 | | (c) The provisions of this Section shall be limited to a | 6 | | single action
per arrest and as a post conviction measure only. | 7 | | Fines, penalty, or
costs to be
collected subsequent to orders | 8 | | of court supervision, or other available
court diversions are | 9 | | not applicable to this Section.
| 10 | | (d)(1) Notwithstanding the receipt of a report from the | 11 | | clerk
as
prescribed in subsections (a) and (e), nothing in this | 12 | | Section is intended to place
any responsibility upon the | 13 | | Secretary of State to provide independent
notice to the driver | 14 | | of any potential action to disallow the issuance, renewal,
| 15 | | reissue or reinstatement of such driver's driving privileges.
| 16 | | (2) Except as provided in subsection (b-1), the
Secretary | 17 | | of State shall renew, reissue or reinstate a
driver's driving | 18 | | privileges which were previously refused pursuant to this
| 19 | | Section upon presentation of an original receipt which is | 20 | | signed by the
clerk of the court and contains the seal of the | 21 | | court indicating that the
fine, penalty, fee, or cost has been | 22 | | paid in full. The Secretary of State
shall retain
such receipt | 23 | | for his records.
| 24 | | (e) Upon receipt of notification from another state that is | 25 | | a member of the Nonresident Violator Compact of 1977, stating a | 26 | | resident of this State failed to pay a traffic fine, penalty, |
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| 1 | | or cost imposed for a violation that occurs in another state, | 2 | | the Secretary shall make the proper notation to the driver's | 3 | | license file to prohibit the renewal, reissue, or reinstatement | 4 | | of the resident's driving privileges until the fine, penalty, | 5 | | or cost has been paid in full. The Secretary of State shall | 6 | | renew, reissue, or reinstate the driver's driving privileges | 7 | | that were previously refused under this Section upon receipt of | 8 | | notification from the other state that indicates that the fine, | 9 | | penalty, or cost has been paid in full. The Secretary of State | 10 | | shall retain the out-of-state receipt for his or her records.
| 11 | | (Source: P.A. 98-178, eff. 1-1-14.)
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