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Public Act 91-0716
HB2883 Enrolled LRB9107752WHdv
AN ACT to amend the Illinois Vehicle Code by changing
Sections 2-123, 6-204, and 16-104a.
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 Sections 2-123, 6-204, and 16-104a as follows:
(625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
Sec. 2-123. Sale and Distribution of Information.
(a) Except as otherwise provided in this Section, the
Secretary may make the driver's license, vehicle and title
registration lists, in part or in whole, and any statistical
information derived from these lists available to local
governments, elected state officials, state educational
institutions, public libraries and all other governmental
units of the State and Federal Government requesting them for
governmental purposes. The Secretary shall require any such
applicant for services to pay for the costs of furnishing
such services and the use of the equipment involved, and in
addition is empowered to establish prices and charges for the
services so furnished and for the use of the electronic
equipment utilized.
(b) The Secretary is further empowered to and he may, in
his discretion, furnish to any applicant, other than listed
in subsection (a) of this Section, vehicle or driver data on
a computer tape, disk, or printout at a fixed fee of $250 in
advance and require in addition a further sufficient deposit
based upon the Secretary of State's estimate of the total
cost of the information requested and a charge of $25 per
1,000 units or part thereof identified or the actual cost,
whichever is greater. The Secretary is authorized to refund
any difference between the additional deposit and the actual
cost of the request. This service shall not be in lieu of an
abstract of a driver's record nor of a title or registration
search. The information sold pursuant to this subsection
shall be the entire vehicle or driver data list, or part
thereof.
(c) Secretary of State may issue registration lists.
The Secretary of State shall compile and publish, at least
annually, a list of all registered vehicles. Each list of
registered vehicles shall be arranged serially according to
the registration numbers assigned to registered vehicles and
shall contain in addition the names and addresses of
registered owners and a brief description of each vehicle
including the serial or other identifying number thereof.
Such compilation may be in such form as in the discretion of
the Secretary of State may seem best for the purposes
intended.
(d) The Secretary of State shall furnish no more than 2
current available lists of such registrations to the sheriffs
of all counties and to the chiefs of police of all cities and
villages and towns of 2,000 population and over in this State
at no cost. Additional copies may be purchased at the fee of
$500 each or at the cost of producing the list as determined
by the Secretary of State.
(e) The Secretary of State shall upon written request
and the payment of the fee of $500 furnish the current
available list of such motor vehicle registrations to any
person so long as the supply of available registration lists
shall last.
(e-1) Commercial purchasers of driver and vehicle record
databases shall enter into a written agreement with the
Secretary of State that includes disclosure of the commercial
use of the intended purchase. Affected drivers, vehicle
owners, or registrants may request that their personally
identifiable information not be used for commercial
solicitation purposes.
(f) The Secretary of State shall make a title or
registration search of the records of his office and a
written report on the same for any person, upon written
application of such person, accompanied by a fee of $5 for
each registration or title search. No fee shall be charged
for a title or registration search, or for the certification
thereof requested by a government agency.
The Secretary of State shall certify a title or
registration record upon written request. The fee for
certification shall be $5 in addition to the fee required for
a title or registration search. Certification shall be made
under the signature of the Secretary of State and shall be
authenticated by Seal of the Secretary of State.
The Secretary of State may notify the vehicle owner or
registrant of the request for purchase of his title or
registration information as the Secretary deems appropriate.
The vehicle owner or registrant residence address and
other personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other business
entities for purposes consistent with the Illinois Vehicle
Code, the vehicle owner or registrant, or other entities as
the Secretary may exempt by rule and regulation. This
information may be withheld from the entities listed above,
except law enforcement and government agencies upon
presentation of a valid court order of protection for the
duration of the order.
No information shall be released to the requestor until
expiration of a 10 day period. This 10 day period shall not
apply to requests for information made by law enforcement
officials, government agencies, financial institutions,
attorneys, insurers, employers, automobile associated
businesses, persons licensed as a private detective or firms
licensed as a private detective agency under the Private
Detective, Private Alarm, and Private Security Act of 1983,
who are employed by or are acting on behalf of law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, and other business entities for
purposes consistent with the Illinois Vehicle Code, the
vehicle owner or registrant or other entities as the
Secretary may exempt by rule and regulation.
Any misrepresentation made by a requestor of title or
vehicle information shall be punishable as a petty offense,
except in the case of persons licensed as a private detective
or firms licensed as a private detective agency which shall
be subject to disciplinary sanctions under Section 22 or 25
of the Private Detective, Private Alarm, and Private Security
Act of 1983.
(g) 1. The Secretary of State may, upon receipt of a
written request and a fee of $6, furnish to the person or
agency so requesting a driver's record. Such document
may include a record of: current driver's license
issuance information, except that the information on
judicial driving permits shall be available only as
otherwise provided by this Code; convictions; orders
entered revoking, suspending or cancelling a driver's
license or privilege; and notations of accident
involvement. All other information, unless otherwise
permitted by this Code, shall remain confidential.
2. The Secretary of State may certify an abstract
of a driver's record upon written request therefor.
Such certification shall be made under the signature of
the Secretary of State and shall be authenticated by the
Seal of his office.
3. All requests for driving record information
shall be made in a manner prescribed by the Secretary.
The Secretary of State may notify the affected
driver of the request for purchase of his driver's record
as the Secretary deems appropriate.
The affected driver residence address and other
personally identifiable information on the record shall
not be disclosed. This nondisclosure shall not apply to
requests made by law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver, or other
entities as the Secretary may exempt by rule and
regulation. This information may be withheld from the
entities listed above, except law enforcement and
government agencies, upon presentation of a valid court
order of protection for the duration of the order.
No information shall be released to the requester
until expiration of a 10 day period. This 10 day period
shall not apply to requests for information made by law
enforcement officials, government agencies, financial
institutions, attorneys, insurers, employers, automobile
associated businesses, persons licensed as a private
detective or firms licensed as a private detective agency
under the Private Detective, Private Alarm, and Private
Security Act of 1983, who are employed by or are acting
on behalf of law enforcement officials, government
agencies, financial institutions, attorneys, insurers,
employers, automobile associated businesses, and other
business entities for purposes consistent with the
Illinois Vehicle Code, the affected driver or other
entities as the Secretary may exempt by rule and
regulation.
Any misrepresentation made by a requestor of driver
information shall be punishable as a petty offense,
except in the case of persons licensed as a private
detective or firms licensed as a private detective agency
which shall be subject to disciplinary sanctions under
Section 22 or 25 of the Private Detective, Private Alarm,
and Private Security Act of 1983.
4. The Secretary of State may furnish without fee,
upon the written request of a law enforcement agency, any
information from a driver's record on file with the
Secretary of State when such information is required in
the enforcement of this Code or any other law relating to
the operation of motor vehicles, including records of
dispositions; documented information involving the use of
a motor vehicle; whether such individual has, or
previously had, a driver's license; and the address and
personal description as reflected on said driver's
record.
5. Except as otherwise provided in this Section,
the Secretary of State may furnish, without fee,
information from an individual driver's record on file,
if a written request therefor is submitted by any public
transit system or authority, public defender, law
enforcement agency, a state or federal agency, or an
Illinois local intergovernmental association, if the
request is for the purpose of a background check of
applicants for employment with the requesting agency, or
for the purpose of an official investigation conducted by
the agency, or to determine a current address for the
driver so public funds can be recovered or paid to the
driver, or for any other lawful purpose.
The Secretary may also furnish the courts a copy of
an abstract of a driver's record, without fee, subsequent
to an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance. Such abstract
may include records of dispositions; documented
information involving the use of a motor vehicle as
contained in the current file; whether such individual
has, or previously had, a driver's license; and the
address and personal description as reflected on said
driver's record.
6. Any certified abstract issued by the Secretary
of State or transmitted electronically by the Secretary
of State pursuant to this Section, to a court or on
request of a law enforcement agency, for the record of a
named person as to the status of the person's driver's
license shall be prima facie evidence of the facts
therein stated and if the name appearing in such abstract
is the same as that of a person named in an information
or warrant, such abstract shall be prima facie evidence
that the person named in such information or warrant is
the same person as the person named in such abstract and
shall be admissible for any prosecution under this Code
and be admitted as proof of any prior conviction or proof
of records, notices, or orders recorded on individual
driving records maintained by the Secretary of State.
7. Subject to any restrictions contained in the
Juvenile Court Act of 1987, and upon receipt of a proper
request and a fee of $6, the Secretary of State shall
provide a driver's record to the affected driver, or the
affected driver's attorney, upon verification. Such
record shall contain all the information referred to in
paragraph 1 of this subsection (g) plus: any recorded
accident involvement as a driver; information recorded
pursuant to subsection (e) of Section 6-117 and paragraph
(4) of subsection (a) of Section 6-204 of this Code. All
other information, unless otherwise permitted by this
Code, shall remain confidential.
(h) The Secretary shall not disclose social security
numbers except pursuant to a written request by, or with the
prior written consent of, the individual except: (1) to
officers and employees of the Secretary who have a need to
know the social security numbers in performance of their
official duties, (2) to law enforcement officials for a
lawful, civil or criminal law enforcement investigation, and
if the head of the law enforcement agency has made a written
request to the Secretary specifying the law enforcement
investigation for which the social security numbers are being
sought, (3) to the United States Department of
Transportation, or any other State, pursuant to the
administration and enforcement of the Commercial Motor
Vehicle Safety Act of 1986, (4) pursuant to the order of a
court of competent jurisdiction, or (5) to the Department of
Public Aid for utilization in the child support enforcement
duties assigned to that Department under provisions of the
Public Aid Code after the individual has received advanced
meaningful notification of what redisclosure is sought by the
Secretary in accordance with the federal Privacy Act;
provided, the redisclosure shall not be authorized by the
Secretary prior to September 30, 1992.
(i) The Secretary of State is empowered to promulgate
rules and regulations to effectuate this Section.
(j) Medical statements or medical reports received in
the Secretary of State's Office shall be confidential. No
confidential information may be open to public inspection or
the contents disclosed to anyone, except officers and
employees of the Secretary who have a need to know the
information contained in the medical reports and the Driver
License Medical Advisory Board, unless so directed by an
order of a court of competent jurisdiction.
(k) All fees collected under this Section shall be paid
into the Road Fund of the State Treasury, except that $3 of
the $6 fee for a driver's record shall be paid into the
Secretary of State Special Services Fund.
(l) The Secretary of State shall report his
recommendations to the General Assembly by January 1, 1993,
regarding the sale and dissemination of the information
maintained by the Secretary, including the sale of lists of
driver and vehicle records.
(m) Notations of accident involvement that may be
disclosed under this Section shall not include notations
relating to damage to a vehicle or other property being
transported by a tow truck. This information shall remain
confidential, provided that nothing in this subsection (m)
shall limit disclosure of any notification of accident
involvement to any law enforcement agency or official.
(n) Requests made by the news media for driver's
license, vehicle, or title registration information may be
furnished without charge or at a reduced charge, as
determined by the Secretary, when the specific purpose for
requesting the documents is deemed to be in the public
interest. Waiver or reduction of the fee is in the public
interest if the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public and is not
for the principal purpose of gaining a personal or commercial
benefit.
(Source: P.A. 90-144, eff. 7-23-97; 90-330, eff. 8-8-97;
90-400, eff. 8-15-97; 90-655, eff. 7-30-98; 91-37, eff.
7-1-99; 91-357, eff. 7-29-99.)
(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) 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 10
days thereafter, forward the same, together with a report
of such conviction, to the Secretary.
(2) 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 freighthauling 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 10 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, as
amended, relating to the offense of reckless homicide. 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 10 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.
(3) 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 10 days thereafter to forward to the Secretary of
State a report of the vacation.
(4) 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 and 11-504 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) 5. Reports of conviction and sentencing hearing
under the Juvenile Court Act of 1987 in an electronic
format 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 and
sentencing hearing under the Juvenile Court Act of 1987
in an electronic format 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, either on paper or in an
electronic format, in on a form prescribed by the Secretary,
records of any disposition of court supervision for any
traffic violation, excluding those listed in paragraph (a)(2)
of this Section, or 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. These Such
reports shall be sent within 10 days after disposition, or,
if the driver is referred to a the driver's referral to such
driver remedial or rehabilitative program, within 10 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 and
(ii) for use by the courts, police officers, prosecuting
authorities, and the Secretary of State. Such reports,
including those required to be forwarded under subsection 4
of paragraph (a), shall be recorded to the driver's file, but
shall not be released to any outside source, except the
affected driver, and shall be used only to assist in
assessing driver performance and for the purpose of informing
the courts that such driver has been previously assigned
court supervision or referred to a driver's remedial or
rehabilitative program.
(Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
91-357, eff. 7-29-99.)
(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. Additional penalty for certain violations.
There is added to every fine imposed upon conviction of an
offense reportable to the Secretary of State under the
provisions of subdivision (a) (2) of Section 6-204 of this
Act an additional penalty of $4 for each $40, or fraction
thereof, of fine imposed. Each such additional penalty
received shall be remitted within one month to the State
Treasurer to be deposited into the Drivers Education Fund,
unless the additional penalty is subject to disbursement by
the circuit clerk under Section 27.5 of the Clerks of Courts
Act. Such additional amounts shall be assessed by the court
and shall be collected by the Clerk of the Circuit Court in
addition to the fine and costs in the case. Such additional
penalty shall not be considered a part of the fine for
purposes of any reduction made in the fine for time served
either before or after sentencing. Not later than March 1 of
each year the Clerk of the Circuit Court shall submit to the
State Comptroller a report of the amount of funds remitted by
him to the State Treasurer under this Section during the
preceding calendar year. Except as otherwise provided by
Supreme Court Rules, if a court in sentencing an offender
levies a gross amount for fine, costs, fees and penalties,
the amount of the additional penalty provided for herein
shall be computed on the amount remaining after deducting
from the gross amount levied all fees of the Circuit Clerk,
the State's Attorney and the Sheriff. After deducting from
the gross amount levied the fees and additional penalty
provided for herein, less any other additional penalties
provided by law, the clerk shall remit the net balance
remaining to the entity authorized by law to receive the fine
imposed in the case. For purposes of this Section "fees of
the Circuit Clerk" shall include, if applicable, the fee
provided for under Section 27.3a of the Clerks of Courts Act
and the fee, if applicable, payable to the county in which
the violation occurred pursuant to Section 5-1101 of the
Counties Code.
When bail is forfeited for failure to appear in
connection with an offense reportable to the Secretary of
State under subdivision (a) (2) of Section 6-204 of this Act,
and no fine is imposed ex parte, $4 of every $40 cash
deposit, or fraction thereof, given to secure appearance
shall be remitted within one month to the State Treasurer to
be deposited into the Drivers Education Fund, unless the bail
is subject to disbursement by the circuit clerk under Section
27.5 of the Clerks of Courts Act.
(Source: P.A. 86-1475; 87-670.)
Section 99. This Act takes effect on October 1, 2000.
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