Public Act 100-0074
Public Act 0074 100TH GENERAL ASSEMBLY
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Public Act 100-0074
| | HB2611 Enrolled | LRB100 10112 AXK 20286 b |
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| AN ACT concerning transportation.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Vehicle Code is amended by changing | Section 6-204 as follows:
| (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| Sec. 6-204. When Court to forward license and reports.
| (a) For the purpose of providing to the Secretary of State | the records
essential to the performance of the Secretary's | duties under this Code to
cancel, revoke or suspend the | driver's license and privilege to drive motor
vehicles of | certain minors adjudicated truant minors in need of | supervision,
addicted, or delinquent and of persons
found | guilty of the criminal offenses or traffic violations
which | this Code recognizes as evidence relating to unfitness to | safely operate
motor vehicles, the following duties are imposed | upon public officials:
| (1) Whenever any person is convicted of any offense for | which
this
Code makes mandatory the cancellation or | revocation of the driver's
license or permit of such person | by the Secretary of State, the judge of the
court in which | such conviction is had shall require the surrender to the | clerk
of the court of all driver's licenses or permits then |
| held by the person so
convicted, and the clerk of the court | shall, within 5 days thereafter, forward
the same, together | with a report of such conviction, to the Secretary.
| (2) Whenever any person is convicted of any offense | under this
Code or
similar offenses under a municipal | ordinance, other than regulations
governing standing, | parking or weights of vehicles, and excepting the
following | enumerated Sections of this Code: Sections 11-1406 | (obstruction
to driver's view or control), 11-1407 | (improper opening of door into
traffic), 11-1410 (coasting | on downgrade), 11-1411 (following fire
apparatus), | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| vehicle which is in unsafe condition or improperly | equipped), 12-201(a)
(daytime lights on motorcycles), | 12-202 (clearance, identification and
side marker lamps), | 12-204 (lamp or flag on projecting load), 12-205
(failure | to display the safety lights required), 12-401 | (restrictions as
to tire equipment), 12-502 (mirrors), | 12-503 (windshields must be
unobstructed and equipped with | wipers), 12-601 (horns and warning
devices), 12-602 | (mufflers, prevention of noise or smoke), 12-603 (seat
| safety belts), 12-702 (certain vehicles to carry flares or | other warning
devices), 12-703 (vehicles for oiling roads | operated on highways),
12-710 (splash guards and | replacements), 13-101 (safety tests), 15-101
(size, weight | and load), 15-102 (width), 15-103 (height), 15-104 (name
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| and address on second division vehicles), 15-107 (length of | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | 15-112 (weights), 15-301
(weights), 15-316 (weights), | 15-318 (weights), and also excepting the following
| enumerated Sections of the Chicago Municipal Code: | Sections 27-245 (following
fire apparatus), 27-254 | (obstruction of traffic), 27-258 (driving vehicle which
is | in unsafe condition), 27-259 (coasting on downgrade), | 27-264 (use of horns
and signal devices), 27-265 | (obstruction to driver's view or driver mechanism),
27-267 | (dimming of headlights), 27-268 (unattended motor | vehicle), 27-272
(illegal funeral procession), 27-273 | (funeral procession on boulevard), 27-275
(driving freight | hauling vehicles on boulevard), 27-276 (stopping and | standing
of buses or taxicabs), 27-277 (cruising of public | passenger vehicles), 27-305
(parallel parking), 27-306 | (diagonal parking), 27-307 (parking not to obstruct
| traffic), 27-308 (stopping, standing or parking | regulated), 27-311 (parking
regulations), 27-312 (parking | regulations), 27-313 (parking regulations),
27-314 | (parking regulations), 27-315 (parking regulations), | 27-316 (parking
regulations), 27-317 (parking | regulations), 27-318 (parking regulations),
27-319 | (parking regulations), 27-320 (parking regulations), | 27-321 (parking
regulations), 27-322 (parking | regulations), 27-324 (loading and
unloading at an angle), |
| 27-333 (wheel and axle loads), 27-334 (load
restrictions in | the downtown district), 27-335 (load restrictions in
| residential areas), 27-338 (width of vehicles), 27-339 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | (reflectors on trailers),
27-353 (mufflers), 27-354 | (display of plates), 27-355 (display of city
vehicle tax | sticker), 27-357 (identification of vehicles), 27-358
| (projecting of loads), and also excepting the following | enumerated
paragraphs of Section 2-201 of the Rules and | Regulations of the Illinois
State Toll Highway Authority: | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | transporting dangerous cargo not properly indicated), it
| shall be the duty of the clerk of the court in which such | conviction is
had within 5 days thereafter to forward to | the Secretary of State a report of
the conviction and the | court may recommend the suspension of the driver's
license | or permit of the person so convicted.
| The reporting requirements of this subsection shall | apply to all
violations stated in paragraphs (1) and (2) of | this
subsection when the
individual has been adjudicated | under the Juvenile Court Act or the
Juvenile Court Act of | 1987. Such reporting requirements shall also apply to
| individuals adjudicated under the Juvenile Court Act or the | Juvenile Court Act
of 1987 who have committed a violation | of Section 11-501 of this Code, or
similar provision of a | local ordinance, or Section 9-3 of the Criminal Code
of |
| 1961 or the Criminal Code of 2012, relating to the offense | of reckless homicide, or Section 5-7 of the Snowmobile | Registration and Safety Act or Section 5-16 of the Boat | Registration and Safety Act, relating to the offense of | operating a snowmobile or a watercraft while under the | influence of alcohol, other drug or drugs, intoxicating | compound or compounds, or combination thereof.
These | reporting requirements also apply to individuals | adjudicated under the Juvenile Court Act of 1987 based on | any offense determined to have been committed in | furtherance of the criminal activities of an organized | gang, as provided in Section 5-710 of that Act, and that | involved the operation or use of a motor vehicle or the use | of a driver's license or permit. The reporting requirements | of this subsection shall also apply to
a truant minor in | need of supervision, an addicted
minor, or a delinquent | minor and whose driver's license and privilege to
drive a | motor vehicle has been ordered suspended for such times as | determined
by the Court, but only until he or she attains
| 18 years of age. It shall be the duty of the clerk of the | court in which
adjudication is had within 5 days thereafter | to forward to the Secretary of
State a report of the | adjudication and the court order requiring the Secretary
of | State to suspend the minor's driver's license and driving | privilege for such
time as determined by the Court, but | only until he or she attains the age of 18
years. All |
| juvenile court dispositions reported to the Secretary of | State
under this provision shall be processed by the | Secretary of State as if the
cases had been adjudicated in | traffic or criminal court. However, information
reported | relative to the offense of reckless homicide, or Section | 11-501 of
this Code, or a similar provision of a local | ordinance, shall be privileged
and available only to the | Secretary of State, courts, and police officers.
| The reporting requirements of this subsection (a) | apply to all violations listed in paragraphs (1) and (2) of | this subsection (a), excluding parking violations, when | the driver holds a CLP or CDL, regardless of the type of | vehicle in which the violation occurred, or when any driver | committed the violation in a commercial motor vehicle as | defined in Section 6-500 of this Code.
| (3) Whenever an order is entered vacating the | forfeiture of any
bail,
security or bond given to secure | appearance for any offense under this
Code or similar | offenses under municipal ordinance, it shall be the duty
of | the clerk of the court in which such vacation was had or | the judge of
such court if such court has no clerk, within | 5 days thereafter to
forward to the Secretary of State a | report of the vacation.
| (4) A report of any disposition of court supervision | for a
violation of
Sections 6-303, 11-401, 11-501 or a | similar provision of a local ordinance,
11-503, 11-504, and |
| 11-506 of this Code, Section 5-7 of the Snowmobile | Registration and Safety Act, and Section 5-16 of the Boat | Registration and Safety Act shall be forwarded to the | Secretary of State.
A report of any disposition of court | supervision for a violation of an offense
defined as a | serious traffic violation in this Code or a similar | provision of a
local ordinance committed by a person under | the age of 21 years shall be
forwarded to the Secretary of | State.
| (5) Reports of conviction
under this Code
and | sentencing hearings under the
Juvenile Court
Act of 1987 in | an electronic format
or a computer processible medium
shall
| be
forwarded to the Secretary of State via the Supreme | Court in the form and
format required by the Illinois | Supreme Court and established by a written
agreement | between the Supreme Court and the Secretary of State.
In | counties with a population over 300,000, instead of | forwarding reports to
the Supreme Court, reports of | conviction
under this Code
and sentencing hearings under | the
Juvenile Court Act of 1987 in an electronic format
or a | computer processible medium
may
be forwarded to the | Secretary of State by the Circuit Court Clerk in a form and
| format required by the Secretary of State and established | by written agreement
between the Circuit Court Clerk and | the Secretary of State. Failure to
forward the reports of | conviction or sentencing hearing under the Juvenile
Court |
| Act of 1987 as required by this Section shall be
deemed an | omission of duty and it shall be the duty of the several | State's
Attorneys to enforce the requirements of this | Section.
| (b) Whenever a restricted driving permit is forwarded to a | court, as a
result of confiscation by a police officer pursuant | to the authority in
Section 6-113(f), it shall be the duty of | the clerk, or judge, if the court
has no clerk, to forward such | restricted driving permit and a facsimile of
the officer's | citation to the Secretary of State as expeditiously as
| practicable.
| (c) For the purposes of this Code, a forfeiture of bail or | collateral
deposited to secure a defendant's appearance in | court when forfeiture
has not been vacated, or the failure of a | defendant to appear for trial
after depositing his driver's | license in lieu of other bail, shall be
equivalent to a | conviction.
| (d) For the purpose of providing the Secretary of State | with records
necessary to properly monitor and assess driver | performance and assist the
courts in the proper disposition of | repeat traffic law offenders, the clerk
of the court shall | forward to the Secretary of State,
on a form prescribed
by the | Secretary, records of a driver's participation in a driver | remedial
or rehabilitative program which was required, through | a court order or court
supervision, in relation to the driver's | arrest for a violation of Section
11-501 of this Code or a |
| similar provision of a local ordinance.
The clerk of the court | shall also forward to the Secretary, either on
paper or in an | electronic format or a computer processible medium as required
| under paragraph (5) of subsection (a) of this Section, any | disposition
of court supervision for any traffic violation,
| excluding those offenses listed in paragraph (2)
of subsection | (a) of this Section.
These reports
shall be sent within 5
days | after disposition, or, if
the driver is
referred to a driver
| remedial or rehabilitative program, within 5 days of the | driver's referral
to that program.
These reports received by | the Secretary of State, including those required to
be | forwarded under paragraph (a)(4), shall be privileged | information, available
only (i) to the affected driver, (ii) to | the parent or guardian of a person under the age of 18 years | holding an instruction permit or a graduated driver's license, | and (iii) for use by the courts, police
officers, prosecuting | authorities, the Secretary of State, and the driver licensing | administrator of any other state. In accordance with 49 C.F.R. | Part 384, all reports of court supervision, except violations | related to parking, shall be forwarded to the Secretary of | State for all holders of a CLP or CDL or any driver who commits | an offense while driving a commercial motor vehicle. These | reports shall be recorded to the driver's record as a | conviction for use in the disqualification of the driver's | commercial motor vehicle privileges and shall not be privileged | information.
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| (Source: P.A. 97-1150, eff. 1-25-13; 98-176 (see Section 10 of | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective | date of changes made by P.A. 98-176).)
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/11/2017
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