HB4403sam001 93RD GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 4/27/2004

09300HB4403sam001 LRB093 15068 DRH 50127 a

AMENDMENT TO HOUSE BILL 4403

AMENDMENT NO. ______. Amend House Bill 4403 on page 1, line 5, by replacing "and 6-208" with "6-208, and 6-306.6"; and on page 23, below line 3, by inserting the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 6-306.6 as follows:

(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)

Sec. 6-306.6. Failure to pay traffic fines, penalties, or and court costs.

(a) Whenever any resident of this State fails to pay any traffic fine, penalty, or and cost imposed for a violation of this Code, or similar provision of local ordinance, the clerk may notify the Secretary of State, on a report prescribed by the Secretary, and the Secretary shall prohibit the renewal, reissue or reinstatement of such resident's driving privileges until such fine, penalty, or and cost has have been paid in full. The clerk shall provide notice to the driver, at the driver's last known address as shown on the court's records, stating that such action will be effective on the 46th day following the date of the above notice if payment is not received in full by the court of venue.

(a-1) Whenever any resident of this State who has made a partial payment on any traffic fine, penalty, or cost that was imposed under a conviction entered on or after the effective date of this amendatory Act of the 93rd General Assembly, for a violation of this Code or a similar provision of a local ordinance, fails to pay the remainder of the outstanding fine, penalty, or cost within the time limit set by the court, the clerk may notify the Secretary of State, on a report prescribed by the Secretary, and the Secretary shall prohibit the renewal, reissue, or reinstatement of the resident's driving privileges until the fine, penalty, or cost has been paid in full. The clerk shall provide notice to the driver, at the driver's last known address as shown on the court's records, stating that the action will be effective on the 46th day following the date of the notice if payment is not received in full by the court of venue.

(b) Following receipt of the report from the clerk, the Secretary of State shall make the proper notation to the driver's file to prohibit the renewal, reissue or reinstatement of such driver's driving privileges. Except as provided in paragraph (2) of subsection (d) of this Section, such notation shall not be removed from the driver's record until the driver satisfies the outstanding fine, penalty, or and cost and an appropriate notice on a form prescribed by the Secretary is received by the Secretary from the court of venue, stating that such fine, penalty, or and cost has been paid in full. Upon payment in full of a traffic fine, penalty, or and court cost which has previously been reported under this Section as unpaid, the clerk of the court shall present the driver with a signed receipt containing the seal of the court indicating that such fine, penalty, or and cost has have been paid in full, and shall forward forthwith to the Secretary of State a notice stating that the fine, penalty, or and cost has have been paid in full.

(c) The provisions of this Section shall be limited to a single action per arrest and as a post conviction measure only. Fines, penalty, or and costs to be collected subsequent to orders of court supervision, or other available court diversions are not applicable to this Section. A driver making a partial payment of any outstanding fine, penalty, and cost is not a sufficient basis for the clerk to notify the Secretary for any subsequent action pursuant to this Section.

(d) (1) Notwithstanding the receipt of a report from the clerk as prescribed in subsection (a), nothing in this Section is intended to place any responsibility upon the Secretary of State to provide independent notice to the driver of any potential action to disallow the renewal, reissue or reinstatement of such driver's driving privileges.

(2) The Secretary of State shall renew, reissue or reinstate a driver's driving privileges which were previously refused pursuant to this Section upon presentation of an original receipt which is signed by the clerk of the court and contains the seal of the court indicating that the fine, penalty, or and cost has have been paid in full. The Secretary of State shall retain such receipt for his records.

(Source: P.A. 89-71, eff. 1-1-96.)".