Full Text of HB0769 94th General Assembly
HB0769enr 94TH GENERAL ASSEMBLY
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HB0769 Enrolled |
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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 | 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, or | 8 |
| court costs.
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| (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,
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| 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.
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| (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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| 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.
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| (b) Except as provided in subsection (b-1), following
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| 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
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| 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
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| 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.
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| (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.
Such notation shall not be removed from the | 28 |
| driver's record until the
driver satisfies the outstanding | 29 |
| fine, penalty, or cost and an
appropriate notice on
a form | 30 |
| prescribed by the Secretary is received by the Secretary | 31 |
| directly from the
court of venue, stating that such fine, | 32 |
| penalty, or cost has been paid
in full.
Upon payment in full of | 33 |
| a traffic fine, penalty, or court cost which has
previously | 34 |
| been reported under this Section as unpaid, the clerk of the
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| court shall forward forthwith directly to the Secretary of | 36 |
| State a notice stating that the
fine, penalty, or cost has been |
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| paid in full and shall provide the driver with a signed receipt | 2 |
| containing the seal of the court, indicating that the fine, | 3 |
| penalty, and cost have been paid in full. The receipt may not | 4 |
| be used by the driver to clear the driver's record.
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| (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.
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| (d) (1) Notwithstanding the receipt of a report from the | 11 |
| clerk
as
prescribed in subsection (a), nothing in this Section | 12 |
| is intended to place
any responsibility upon the Secretary of | 13 |
| State to provide independent
notice to the driver of any | 14 |
| potential action to disallow the renewal,
reissue or | 15 |
| reinstatement of such driver's driving privileges.
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| (2) Except as provided in subsection (b-1), the
The
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| Secretary of State shall renew, reissue or reinstate a
driver's | 18 |
| driving privileges which were previously refused pursuant to | 19 |
| this
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, or cost has been paid | 22 |
| in full. The Secretary of State
shall retain
such receipt for | 23 |
| 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 January | 26 |
| 1, 2006.
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