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|[ Introduced ]||[ Engrossed ]||[ House Amendment 001 ]|
91_HB2883enr HB2883 Enrolled LRB9107752WHdv 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Sections 2-123, 6-204, and 16-104a. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Sections 2-123, 6-204, and 16-104a as follows: 7 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123) 8 Sec. 2-123. Sale and Distribution of Information. 9 (a) Except as otherwise provided in this Section, the 10 Secretary may make the driver's license, vehicle and title 11 registration lists, in part or in whole, and any statistical 12 information derived from these lists available to local 13 governments, elected state officials, state educational 14 institutions, public libraries and all other governmental 15 units of the State and Federal Government requesting them for 16 governmental purposes. The Secretary shall require any such 17 applicant for services to pay for the costs of furnishing 18 such services and the use of the equipment involved, and in 19 addition is empowered to establish prices and charges for the 20 services so furnished and for the use of the electronic 21 equipment utilized. 22 (b) The Secretary is further empowered to and he may, in 23 his discretion, furnish to any applicant, other than listed 24 in subsection (a) of this Section, vehicle or driver data on 25 a computer tape, disk, or printout at a fixed fee of $250 in 26 advance and require in addition a further sufficient deposit 27 based upon the Secretary of State's estimate of the total 28 cost of the information requested and a charge of $25 per 29 1,000 units or part thereof identified or the actual cost, 30 whichever is greater. The Secretary is authorized to refund 31 any difference between the additional deposit and the actual HB2883 Enrolled -2- LRB9107752WHdv 1 cost of the request. This service shall not be in lieu of an 2 abstract of a driver's record nor of a title or registration 3 search. The information sold pursuant to this subsection 4 shall be the entire vehicle or driver data list, or part 5 thereof. 6 (c) Secretary of State may issue registration lists. 7 The Secretary of State shall compile and publish, at least 8 annually, a list of all registered vehicles. Each list of 9 registered vehicles shall be arranged serially according to 10 the registration numbers assigned to registered vehicles and 11 shall contain in addition the names and addresses of 12 registered owners and a brief description of each vehicle 13 including the serial or other identifying number thereof. 14 Such compilation may be in such form as in the discretion of 15 the Secretary of State may seem best for the purposes 16 intended. 17 (d) The Secretary of State shall furnish no more than 2 18 current available lists of such registrations to the sheriffs 19 of all counties and to the chiefs of police of all cities and 20 villages and towns of 2,000 population and over in this State 21 at no cost. Additional copies may be purchased at the fee of 22 $500 each or at the cost of producing the list as determined 23 by the Secretary of State. 24 (e) The Secretary of State shall upon written request 25 and the payment of the fee of $500 furnish the current 26 available list of such motor vehicle registrations to any 27 person so long as the supply of available registration lists 28 shall last. 29 (e-1) Commercial purchasers of driver and vehicle record 30 databases shall enter into a written agreement with the 31 Secretary of State that includes disclosure of the commercial 32 use of the intended purchase. Affected drivers, vehicle 33 owners, or registrants may request that their personally 34 identifiable information not be used for commercial HB2883 Enrolled -3- LRB9107752WHdv 1 solicitation purposes. 2 (f) The Secretary of State shall make a title or 3 registration search of the records of his office and a 4 written report on the same for any person, upon written 5 application of such person, accompanied by a fee of $5 for 6 each registration or title search. No fee shall be charged 7 for a title or registration search, or for the certification 8 thereof requested by a government agency. 9 The Secretary of State shall certify a title or 10 registration record upon written request. The fee for 11 certification shall be $5 in addition to the fee required for 12 a title or registration search. Certification shall be made 13 under the signature of the Secretary of State and shall be 14 authenticated by Seal of the Secretary of State. 15 The Secretary of State may notify the vehicle owner or 16 registrant of the request for purchase of his title or 17 registration information as the Secretary deems appropriate. 18 The vehicle owner or registrant residence address and 19 other personally identifiable information on the record shall 20 not be disclosed. This nondisclosure shall not apply to 21 requests made by law enforcement officials, government 22 agencies, financial institutions, attorneys, insurers, 23 employers, automobile associated businesses, other business 24 entities for purposes consistent with the Illinois Vehicle 25 Code, the vehicle owner or registrant, or other entities as 26 the Secretary may exempt by rule and regulation. This 27 information may be withheld from the entities listed above, 28 except law enforcement and government agencies upon 29 presentation of a valid court order of protection for the 30 duration of the order. 31 No information shall be released to the requestor until 32 expiration of a 10 day period. This 10 day period shall not 33 apply to requests for information made by law enforcement 34 officials, government agencies, financial institutions, HB2883 Enrolled -4- LRB9107752WHdv 1 attorneys, insurers, employers, automobile associated 2 businesses, persons licensed as a private detective or firms 3 licensed as a private detective agency under the Private 4 Detective, Private Alarm, and Private Security Act of 1983, 5 who are employed by or are acting on behalf of law 6 enforcement officials, government agencies, financial 7 institutions, attorneys, insurers, employers, automobile 8 associated businesses, and other business entities for 9 purposes consistent with the Illinois Vehicle Code, the 10 vehicle owner or registrant or other entities as the 11 Secretary may exempt by rule and regulation. 12 Any misrepresentation made by a requestor of title or 13 vehicle information shall be punishable as a petty offense, 14 except in the case of persons licensed as a private detective 15 or firms licensed as a private detective agency which shall 16 be subject to disciplinary sanctions under Section 22 or 25 17 of the Private Detective, Private Alarm, and Private Security 18 Act of 1983. 19 (g) 1. The Secretary of State may, upon receipt of a 20 written request and a fee of $6, furnish to the person or 21 agency so requesting a driver's record. Such document 22 may include a record of: current driver's license 23 issuance information, except that the information on 24 judicial driving permits shall be available only as 25 otherwise provided by this Code; convictions; orders 26 entered revoking, suspending or cancelling a driver's 27 license or privilege; and notations of accident 28 involvement. All other information, unless otherwise 29 permitted by this Code, shall remain confidential. 30 2. The Secretary of State may certify an abstract 31 of a driver's record upon written request therefor. 32 Such certification shall be made under the signature of 33 the Secretary of State and shall be authenticated by the 34 Seal of his office. HB2883 Enrolled -5- LRB9107752WHdv 1 3. All requests for driving record information 2 shall be made in a manner prescribed by the Secretary. 3 The Secretary of State may notify the affected 4 driver of the request for purchase of his driver's record 5 as the Secretary deems appropriate. 6 The affected driver residence address and other 7 personally identifiable information on the record shall 8 not be disclosed. This nondisclosure shall not apply to 9 requests made by law enforcement officials, government 10 agencies, financial institutions, attorneys, insurers, 11 employers, automobile associated businesses, other 12 business entities for purposes consistent with the 13 Illinois Vehicle Code, the affected driver, or other 14 entities as the Secretary may exempt by rule and 15 regulation. This information may be withheld from the 16 entities listed above, except law enforcement and 17 government agencies, upon presentation of a valid court 18 order of protection for the duration of the order. 19 No information shall be released to the requester 20 until expiration of a 10 day period. This 10 day period 21 shall not apply to requests for information made by law 22 enforcement officials, government agencies, financial 23 institutions, attorneys, insurers, employers, automobile 24 associated businesses, persons licensed as a private 25 detective or firms licensed as a private detective agency 26 under the Private Detective, Private Alarm, and Private 27 Security Act of 1983, who are employed by or are acting 28 on behalf of law enforcement officials, government 29 agencies, financial institutions, attorneys, insurers, 30 employers, automobile associated businesses, and other 31 business entities for purposes consistent with the 32 Illinois Vehicle Code, the affected driver or other 33 entities as the Secretary may exempt by rule and 34 regulation. HB2883 Enrolled -6- LRB9107752WHdv 1 Any misrepresentation made by a requestor of driver 2 information shall be punishable as a petty offense, 3 except in the case of persons licensed as a private 4 detective or firms licensed as a private detective agency 5 which shall be subject to disciplinary sanctions under 6 Section 22 or 25 of the Private Detective, Private Alarm, 7 and Private Security Act of 1983. 8 4. The Secretary of State may furnish without fee, 9 upon the written request of a law enforcement agency, any 10 information from a driver's record on file with the 11 Secretary of State when such information is required in 12 the enforcement of this Code or any other law relating to 13 the operation of motor vehicles, including records of 14 dispositions; documented information involving the use of 15 a motor vehicle; whether such individual has, or 16 previously had, a driver's license; and the address and 17 personal description as reflected on said driver's 18 record. 19 5. Except as otherwise provided in this Section, 20 the Secretary of State may furnish, without fee, 21 information from an individual driver's record on file, 22 if a written request therefor is submitted by any public 23 transit system or authority, public defender, law 24 enforcement agency, a state or federal agency, or an 25 Illinois local intergovernmental association, if the 26 request is for the purpose of a background check of 27 applicants for employment with the requesting agency, or 28 for the purpose of an official investigation conducted by 29 the agency, or to determine a current address for the 30 driver so public funds can be recovered or paid to the 31 driver, or for any other lawful purpose. 32 The Secretary may also furnish the courts a copy of 33 an abstract of a driver's record, without fee, subsequent 34 to an arrest for a violation of Section 11-501 or a HB2883 Enrolled -7- LRB9107752WHdv 1 similar provision of a local ordinance. Such abstract 2 may include records of dispositions; documented 3 information involving the use of a motor vehicle as 4 contained in the current file; whether such individual 5 has, or previously had, a driver's license; and the 6 address and personal description as reflected on said 7 driver's record. 8 6. Any certified abstract issued by the Secretary 9 of State or transmitted electronically by the Secretary 10 of State pursuant to this Section, to a court or on 11 request of a law enforcement agency, for the record of a 12 named person as to the status of the person's driver's 13 license shall be prima facie evidence of the facts 14 therein stated and if the name appearing in such abstract 15 is the same as that of a person named in an information 16 or warrant, such abstract shall be prima facie evidence 17 that the person named in such information or warrant is 18 the same person as the person named in such abstract and 19 shall be admissible for any prosecution under this Code 20 and be admitted as proof of any prior conviction or proof 21 of records, notices, or orders recorded on individual 22 driving records maintained by the Secretary of State. 23 7. Subject to any restrictions contained in the 24 Juvenile Court Act of 1987, and upon receipt of a proper 25 request and a fee of $6, the Secretary of State shall 26 provide a driver's record to the affected driver, or the 27 affected driver's attorney, upon verification. Such 28 record shall contain all the information referred to in 29 paragraph 1 of this subsection (g) plus: any recorded 30 accident involvement as a driver; information recorded 31 pursuant to subsection (e) of Section 6-117 and paragraph 32 (4) of subsection (a) of Section 6-204 of this Code. All 33 other information, unless otherwise permitted by this 34 Code, shall remain confidential. HB2883 Enrolled -8- LRB9107752WHdv 1 (h) The Secretary shall not disclose social security 2 numbers except pursuant to a written request by, or with the 3 prior written consent of, the individual except: (1) to 4 officers and employees of the Secretary who have a need to 5 know the social security numbers in performance of their 6 official duties, (2) to law enforcement officials for a 7 lawful, civil or criminal law enforcement investigation, and 8 if the head of the law enforcement agency has made a written 9 request to the Secretary specifying the law enforcement 10 investigation for which the social security numbers are being 11 sought, (3) to the United States Department of 12 Transportation, or any other State, pursuant to the 13 administration and enforcement of the Commercial Motor 14 Vehicle Safety Act of 1986, (4) pursuant to the order of a 15 court of competent jurisdiction, or (5) to the Department of 16 Public Aid for utilization in the child support enforcement 17 duties assigned to that Department under provisions of the 18 Public Aid Code after the individual has received advanced 19 meaningful notification of what redisclosure is sought by the 20 Secretary in accordance with the federal Privacy Act; 21 provided, the redisclosure shall not be authorized by the 22 Secretary prior to September 30, 1992. 23 (i) The Secretary of State is empowered to promulgate 24 rules and regulations to effectuate this Section. 25 (j) Medical statements or medical reports received in 26 the Secretary of State's Office shall be confidential. No 27 confidential information may be open to public inspection or 28 the contents disclosed to anyone, except officers and 29 employees of the Secretary who have a need to know the 30 information contained in the medical reports and the Driver 31 License Medical Advisory Board, unless so directed by an 32 order of a court of competent jurisdiction. 33 (k) All fees collected under this Section shall be paid 34 into the Road Fund of the State Treasury, except that $3 of HB2883 Enrolled -9- LRB9107752WHdv 1 the $6 fee for a driver's record shall be paid into the 2 Secretary of State Special Services Fund. 3 (l) The Secretary of State shall report his 4 recommendations to the General Assembly by January 1, 1993, 5 regarding the sale and dissemination of the information 6 maintained by the Secretary, including the sale of lists of 7 driver and vehicle records. 8 (m) Notations of accident involvement that may be 9 disclosed under this Section shall not include notations 10 relating to damage to a vehicle or other property being 11 transported by a tow truck. This information shall remain 12 confidential, provided that nothing in this subsection (m) 13 shall limit disclosure of any notification of accident 14 involvement to any law enforcement agency or official. 15 (n) Requests made by the news media for driver's 16 license, vehicle, or title registration information may be 17 furnished without charge or at a reduced charge, as 18 determined by the Secretary, when the specific purpose for 19 requesting the documents is deemed to be in the public 20 interest. Waiver or reduction of the fee is in the public 21 interest if the principal purpose of the request is to access 22 and disseminate information regarding the health, safety, and 23 welfare or the legal rights of the general public and is not 24 for the principal purpose of gaining a personal or commercial 25 benefit. 26 (Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97; 27 90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff. 28 7-1-99; 91-357, eff. 7-29-99.) 29 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) 30 Sec. 6-204. When Court to forward License and Reports. 31 (a) For the purpose of providing to the Secretary of 32 State the records essential to the performance of the 33 Secretary's duties under this Code to cancel, revoke or HB2883 Enrolled -10- LRB9107752WHdv 1 suspend the driver's license and privilege to drive motor 2 vehicles of certain minors adjudicated truant minors in need 3 of supervision, addicted, or delinquent and of persons found 4 guilty of the criminal offenses or traffic violations which 5 this Code recognizes as evidence relating to unfitness to 6 safely operate motor vehicles, the following duties are 7 imposed upon public officials: 8 (1)
1.Whenever any person is convicted of any 9 offense for which this Code makes mandatory the 10 cancellation or revocation of the driver's license or 11 permit of such person by the Secretary of State, the 12 judge of the court in which such conviction is had shall 13 require the surrender to the clerk of the court of all 14 driver's licenses or permits then held by the person so 15 convicted, and the clerk of the court shall, within 10 16 days thereafter, forward the same, together with a report 17 of such conviction, to the Secretary. 18 (2) 2.Whenever any person is convicted of any 19 offense under this Code or similar offenses under a 20 municipal ordinance, other than regulations governing 21 standing, parking or weights of vehicles, and excepting 22 the following enumerated Sections of this Code: Sections 23 11-1406 (obstruction to driver's view or control), 24 11-1407 (improper opening of door into traffic), 11-1410 25 (coasting on downgrade), 11-1411 (following fire 26 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 27 (driving vehicle which is in unsafe condition or 28 improperly equipped), 12-201(a) (daytime lights on 29 motorcycles), 12-202 (clearance, identification and side 30 marker lamps), 12-204 (lamp or flag on projecting load), 31 12-205 (failure to display the safety lights required), 32 12-401 (restrictions as to tire equipment), 12-502 33 (mirrors), 12-503 (windshields must be unobstructed and 34 equipped with wipers), 12-601 (horns and warning HB2883 Enrolled -11- LRB9107752WHdv 1 devices), 12-602 (mufflers, prevention of noise or 2 smoke), 12-603 (seat safety belts), 12-702 (certain 3 vehicles to carry flares or other warning devices), 4 12-703 (vehicles for oiling roads operated on highways), 5 12-710 (splash guards and replacements), 13-101 (safety 6 tests), 15-101 (size, weight and load), 15-102 (width), 7 15-103 (height), 15-104 (name and address on second 8 division vehicles), 15-107 (length of vehicle), 15-109.1 9 (cover or tarpaulin), 15-111 (weights), 15-112 (weights), 10 15-301 (weights), 15-316 (weights), 15-318 (weights), and 11 also excepting the following enumerated Sections of the 12 Chicago Municipal Code: Sections 27-245 (following fire 13 apparatus), 27-254 (obstruction of traffic), 27-258 14 (driving vehicle which is in unsafe condition), 27-259 15 (coasting on downgrade), 27-264 (use of horns and signal 16 devices), 27-265 (obstruction to driver's view or driver 17 mechanism), 27-267 (dimming of headlights), 27-268 18 (unattended motor vehicle), 27-272 (illegal funeral 19 procession), 27-273 (funeral procession on boulevard), 20 27-275 (driving freighthauling vehicles on boulevard), 21 27-276 (stopping and standing of buses or taxicabs), 22 27-277 (cruising of public passenger vehicles), 27-305 23 (parallel parking), 27-306 (diagonal parking), 27-307 24 (parking not to obstruct traffic), 27-308 (stopping, 25 standing or parking regulated), 27-311 (parking 26 regulations), 27-312 (parking regulations), 27-313 27 (parking regulations), 27-314 (parking regulations), 28 27-315 (parking regulations), 27-316 (parking 29 regulations), 27-317 (parking regulations), 27-318 30 (parking regulations), 27-319 (parking regulations), 31 27-320 (parking regulations), 27-321 (parking 32 regulations), 27-322 (parking regulations), 27-324 33 (loading and unloading at an angle), 27-333 (wheel and 34 axle loads), 27-334 (load restrictions in the downtown HB2883 Enrolled -12- LRB9107752WHdv 1 district), 27-335 (load restrictions in residential 2 areas), 27-338 (width of vehicles), 27-339 (height of 3 vehicles), 27-340 (length of vehicles), 27-352 4 (reflectors on trailers), 27-353 (mufflers), 27-354 5 (display of plates), 27-355 (display of city vehicle tax 6 sticker), 27-357 (identification of vehicles), 27-358 7 (projecting of loads), and also excepting the following 8 enumerated paragraphs of Section 2-201 of the Rules and 9 Regulations of the Illinois State Toll Highway Authority: 10 (l) (driving unsafe vehicle on tollway), (m) (vehicles 11 transporting dangerous cargo not properly indicated), it 12 shall be the duty of the clerk of the court in which such 13 conviction is had within 10 days thereafter to forward to 14 the Secretary of State a report of the conviction and the 15 court may recommend the suspension of the driver's 16 license or permit of the person so convicted. 17 The reporting requirements of this subsection shall apply 18 to all violations stated in paragraphs (1) and (2) of this 19 subsection when the individual has been adjudicated under the 20 Juvenile Court Act or the Juvenile Court Act of 1987. Such 21 reporting requirements shall also apply to individuals 22 adjudicated under the Juvenile Court Act or the Juvenile 23 Court Act of 1987 who have committed a violation of Section 24 11-501 of this Code, or similar provision of a local 25 ordinance, or Section 9-3 of the Criminal Code of 1961, as 26 amended, relating to the offense of reckless homicide. The 27 reporting requirements of this subsection shall also apply to 28 a truant minor in need of supervision, an addicted minor, or 29 a delinquent minor and whose driver's license and privilege 30 to drive a motor vehicle has been ordered suspended for such 31 times as determined by the Court, but only until he or she 32 attains 18 years of age. It shall be the duty of the clerk 33 of the court in which adjudication is had within 10 days 34 thereafter to forward to the Secretary of State a report of HB2883 Enrolled -13- LRB9107752WHdv 1 the adjudication and the court order requiring the Secretary 2 of State to suspend the minor's driver's license and driving 3 privilege for such time as determined by the Court, but only 4 until he or she attains the age of 18 years. All juvenile 5 court dispositions reported to the Secretary of State under 6 this provision shall be processed by the Secretary of State 7 as if the cases had been adjudicated in traffic or criminal 8 court. However, information reported relative to the offense 9 of reckless homicide, or Section 11-501 of this Code, or a 10 similar provision of a local ordinance, shall be privileged 11 and available only to the Secretary of State, courts, and 12 police officers. 13 (3) 3.Whenever an order is entered vacating the 14 forfeiture of any bail, security or bond given to secure 15 appearance for any offense under this Code or similar 16 offenses under municipal ordinance, it shall be the duty 17 of the clerk of the court in which such vacation was had 18 or the judge of such court if such court has no clerk, 19 within 10 days thereafter to forward to the Secretary of 20 State a report of the vacation. 21 (4) 4.A report of any disposition of court 22 supervision for a violation of Sections 6-303, 11-401, 23 11-501 or a similar provision of a local ordinance, 24 11-503 and 11-504 shall be forwarded to the Secretary of 25 State. A report of any disposition of court supervision 26 for a violation of an offense defined as a serious 27 traffic violation in this Code or a similar provision of 28 a local ordinance committed by a person under the age of 29 21 years shall be forwarded to the Secretary of State. 30 (5) 5.Reports of conviction and sentencing hearing 31 under the Juvenile Court Act of 1987 in an electronic 32 format a computer processible mediumshall be forwarded 33 to the Secretary of State via the Supreme Court in the 34 form and format required by the Illinois Supreme Court HB2883 Enrolled -14- LRB9107752WHdv 1 and established by a written agreement between the 2 Supreme Court and the Secretary of State. In counties 3 with a population over 300,000, instead of forwarding 4 reports to the Supreme Court, reports of conviction and 5 sentencing hearing under the Juvenile Court Act of 1987 6 in an electronic format a computer processible mediummay 7 be forwarded to the Secretary of State by the Circuit 8 Court Clerk in a form and format required by the 9 Secretary of State and established by written agreement 10 between the Circuit Court Clerk and the Secretary of 11 State. Failure to forward the reports of conviction or 12 sentencing hearing under the Juvenile Court Act of 1987 13 as required by this Section shall be deemed an omission 14 of duty and it shall be the duty of the several State's 15 Attorneys to enforce the requirements of this Section. 16 (b) Whenever a restricted driving permit is forwarded to 17 a court, as a result of confiscation by a police officer 18 pursuant to the authority in Section 6-113(f), it shall be 19 the duty of the clerk, or judge, if the court has no clerk, 20 to forward such restricted driving permit and a facsimile of 21 the officer's citation to the Secretary of State as 22 expeditiously as practicable. 23 (c) For the purposes of this Code, a forfeiture of bail 24 or collateral deposited to secure a defendant's appearance in 25 court when forfeiture has not been vacated, or the failure of 26 a defendant to appear for trial after depositing his driver's 27 license in lieu of other bail, shall be equivalent to a 28 conviction. 29 (d) For the purpose of providing the Secretary of State 30 with records necessary to properly monitor and assess driver 31 performance and assist the courts in the proper disposition 32 of repeat traffic law offenders, the clerk of the court shall 33 forward to the Secretary of State, either on paper or in an 34 electronic format, in ona form prescribed by the Secretary, HB2883 Enrolled -15- LRB9107752WHdv 1 records of any disposition of court supervision for any 2 traffic violation, excluding those listed in paragraph (a)(2) 3 of this Section, or records of a driver's participation in a 4 driver remedial or rehabilitative program which was required, 5 through a court order or court supervision, in relation to 6 the driver's arrest for a violation of Section 11-501 of this 7 Code or a similar provision of a local ordinance. These Such8 reports shall be sent within 10 days after disposition, or, 9 if the driver is referred to a the driver's referral to such10 driver remedial or rehabilitative program, within 10 days of 11 the driver's referral to that program. These reports received 12 by the Secretary of State, including those required to be 13 forwarded under paragraph (a)(4), shall be privileged 14 information, available only (i) to the affected driver and 15 (ii) for use by the courts, police officers, prosecuting 16 authorities, and the Secretary of State. Such reports,17 including those required to be forwarded under subsection 418 of paragraph (a), shall be recorded to the driver's file, but19 shall not be released to any outside source, except the20 affected driver, and shall be used only to assist in21 assessing driver performance and for the purpose of informing22 the courts that such driver has been previously assigned23 court supervision or referred to a driver's remedial or24 rehabilitative program.25 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99; 26 91-357, eff. 7-29-99.) 27 (625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a) 28 Sec. 16-104a. Additional penalty for certain violations. 29 There is added to every fine imposed upon conviction of an 30 offense reportable to the Secretary of State under the 31 provisions of subdivision (a) (2) of Section 6-204 of this 32 Act an additional penalty of $4 for each $40, or fraction 33 thereof, of fine imposed. Each such additional penalty HB2883 Enrolled -16- LRB9107752WHdv 1 received shall be remitted within one month to the State 2 Treasurer to be deposited into the Drivers Education Fund, 3 unless the additional penalty is subject to disbursement by 4 the circuit clerk under Section 27.5 of the Clerks of Courts 5 Act. Such additional amounts shall be assessed by the court 6 and shall be collected by the Clerk of the Circuit Court in 7 addition to the fine and costs in the case. Such additional 8 penalty shall not be considered a part of the fine for 9 purposes of any reduction made in the fine for time served 10 either before or after sentencing. Not later than March 1 of 11 each year the Clerk of the Circuit Court shall submit to the 12 State Comptroller a report of the amount of funds remitted by 13 him to the State Treasurer under this Section during the 14 preceding calendar year. Except as otherwise provided by 15 Supreme Court Rules, if a court in sentencing an offender 16 levies a gross amount for fine, costs, fees and penalties, 17 the amount of the additional penalty provided for herein 18 shall be computed on the amount remaining after deducting 19 from the gross amount levied all fees of the Circuit Clerk, 20 the State's Attorney and the Sheriff. After deducting from 21 the gross amount levied the fees and additional penalty 22 provided for herein, less any other additional penalties 23 provided by law, the clerk shall remit the net balance 24 remaining to the entity authorized by law to receive the fine 25 imposed in the case. For purposes of this Section "fees of 26 the Circuit Clerk" shall include, if applicable, the fee 27 provided for under Section 27.3a of the Clerks of Courts Act 28 and the fee, if applicable, payable to the county in which 29 the violation occurred pursuant to Section 5-1101 of the 30 Counties Code. 31 When bail is forfeited for failure to appear in 32 connection with an offense reportable to the Secretary of 33 State under subdivision (a) (2) of Section 6-204 of this Act, 34 and no fine is imposed ex parte, $4 of every $40 cash HB2883 Enrolled -17- LRB9107752WHdv 1 deposit, or fraction thereof, given to secure appearance 2 shall be remitted within one month to the State Treasurer to 3 be deposited into the Drivers Education Fund, unless the bail 4 is subject to disbursement by the circuit clerk under Section 5 27.5 of the Clerks of Courts Act. 6 (Source: P.A. 86-1475; 87-670.) 7 Section 99. This Act takes effect on October 1, 2000.
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