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Public Act 100-0074


 

Public Act 0074 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0074
 
HB2611 EnrolledLRB100 10112 AXK 20286 b

    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
    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.
(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.

Effective Date: 8/11/2017