Bill Text: IL SB3321 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB3321 Detail]
Download: Illinois-2013-SB3321-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-306.6 as follows:
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6 | (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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7 | Sec. 6-306.6. Failure to pay traffic fines, penalties, | |||||||||||||||||||
8 | fees, or court costs.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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,
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15 | reissue or reinstatement of such driver's driving privileges.
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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
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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.
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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.
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11 | (Source: P.A. 98-178, eff. 1-1-14.)
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