Full Text of HB4539 093rd General Assembly
HB4539eng 93RD GENERAL ASSEMBLY
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HB4539 Engrossed |
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LRB093 18775 DRH 44507 b |
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| AN ACT concerning vehicles.
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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 | 5 |
| 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, and | 8 |
| court costs.
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| (a) Whenever any resident of this State fails to pay any | 10 |
| traffic fine,
penalty,
and 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,
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| reissue or reinstatement of such resident's driving privileges | 15 |
| until such
fine, penalty, and cost have 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.
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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 | 23 |
| driver's file to prohibit the
renewal, reissue or reinstatement | 24 |
| of such driver's driving privileges.
Except as provided in | 25 |
| paragraph (2) of subsection (d) of this Section, such
notation | 26 |
| shall not be removed from the driver's record until the
driver | 27 |
| satisfies the outstanding fine, penalty, and cost and an
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| appropriate notice on
a form prescribed by the Secretary is | 29 |
| received by the Secretary from the
court of venue, stating that | 30 |
| such fine, penalty, and cost has been paid
in full.
Upon | 31 |
| payment in full of a traffic fine, penalty, and court cost | 32 |
| which has
previously been reported under this Section as |
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HB4539 Engrossed |
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LRB093 18775 DRH 44507 b |
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| unpaid, the clerk of the
court shall present the driver with a | 2 |
| signed receipt containing the seal of
the court indicating that | 3 |
| such fine, penalty, and cost have been paid in
full, and
shall | 4 |
| forward forthwith to the Secretary of State a notice stating | 5 |
| that the
fine, penalty, and cost have been paid in full.
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| (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, and
costs to be
collected subsequent to orders | 9 |
| of court supervision, or other available
court diversions are | 10 |
| not applicable to this Section. Whenever any resident of this | 11 |
| State fails, after making a partial payment on any traffic | 12 |
| fine, penalty, and cost imposed for a violation of this Code or | 13 |
| a similar provision of a local ordinance, to pay the remainder | 14 |
| of the outstanding fine, penalty, and cost, the clerk may | 15 |
| notify the Secretary of State as provided in subsection (a) of | 16 |
| this Section.
A driver making a
partial payment of any | 17 |
| outstanding fine, penalty, and cost is not a
sufficient basis
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| for the clerk to notify the Secretary for any subsequent action
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| pursuant to
this Section.
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| (d) (1) Notwithstanding the receipt of a report from the | 21 |
| clerk
as
prescribed in subsection (a), nothing in this Section | 22 |
| is intended to place
any responsibility upon the Secretary of | 23 |
| State to provide independent
notice to the driver of any | 24 |
| potential action to disallow the renewal,
reissue or | 25 |
| reinstatement of such driver's driving privileges.
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| (2) The Secretary of State shall renew, reissue or | 27 |
| reinstate a
driver's driving privileges which were previously | 28 |
| refused pursuant to this
Section upon presentation of an | 29 |
| original receipt which is signed by the
clerk of the court and | 30 |
| contains the seal of the court indicating that the
fine, | 31 |
| penalty, and cost have been paid in full. The Secretary of | 32 |
| State
shall retain
such receipt for his records.
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| (Source: P.A. 89-71, eff. 1-1-96 .)
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