100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4123

 

Introduced , by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-204  from Ch. 95 1/2, par. 6-204
625 ILCS 5/16-104e
625 ILCS 5/16-109 new

    Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert all of the amount due into court-approved public community service or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date of the bill. Defines "minor traffic offense". Makes conforming changes.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. Legislative intent. It is the intent of this
5amendatory Act of the 100th General Assembly to provide
6economic relief to persons who need assistance in paying off
7debts incurred due to minor traffic offense tickets. The
8General Assembly recognizes that possessing a driver's license
9in this State is a privilege; however, it also recognizes that
10persons should not be deprived of the opportunity to provide
11for themselves or their families because of a suspended
12driver's license or increased debt from failure to pay fines
13and costs on traffic violation tickets.
 
14    Section 10. The Illinois Vehicle Code is amended by
15changing Sections 6-204 and 16-104e and by adding Section
1616-109 as follows:
 
17    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
18    Sec. 6-204. When court to forward license and reports.
19    (a) For the purpose of providing to the Secretary of State
20the records essential to the performance of the Secretary's
21duties under this Code to cancel, revoke or suspend the
22driver's license and privilege to drive motor vehicles of

 

 

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1certain minors adjudicated truant minors in need of
2supervision, addicted, or delinquent and of persons found
3guilty of the criminal offenses or traffic violations which
4this Code recognizes as evidence relating to unfitness to
5safely operate motor vehicles, the following duties are imposed
6upon public officials:
7        (1) Whenever any person is convicted of any offense for
8    which this Code makes mandatory the cancellation or
9    revocation of the driver's license or permit of such person
10    by the Secretary of State, the judge of the court in which
11    such conviction is had shall require the surrender to the
12    clerk of the court of all driver's licenses or permits then
13    held by the person so convicted, and the clerk of the court
14    shall, within 5 days thereafter, forward the same, together
15    with a report of such conviction, to the Secretary.
16        (2) Whenever any person is convicted of any offense
17    under this Code or similar offenses under a municipal
18    ordinance, other than regulations governing standing,
19    parking or weights of vehicles, and excepting the following
20    enumerated Sections of this Code: Sections 11-1406
21    (obstruction to driver's view or control), 11-1407
22    (improper opening of door into traffic), 11-1410 (coasting
23    on downgrade), 11-1411 (following fire apparatus),
24    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
25    vehicle which is in unsafe condition or improperly
26    equipped), 12-201(a) (daytime lights on motorcycles),

 

 

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1    12-202 (clearance, identification and side marker lamps),
2    12-204 (lamp or flag on projecting load), 12-205 (failure
3    to display the safety lights required), 12-401
4    (restrictions as to tire equipment), 12-502 (mirrors),
5    12-503 (windshields must be unobstructed and equipped with
6    wipers), 12-601 (horns and warning devices), 12-602
7    (mufflers, prevention of noise or smoke), 12-603 (seat
8    safety belts), 12-702 (certain vehicles to carry flares or
9    other warning devices), 12-703 (vehicles for oiling roads
10    operated on highways), 12-710 (splash guards and
11    replacements), 13-101 (safety tests), 15-101 (size, weight
12    and load), 15-102 (width), 15-103 (height), 15-104 (name
13    and address on second division vehicles), 15-107 (length of
14    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
15    15-112 (weights), 15-301 (weights), 15-316 (weights),
16    15-318 (weights), and also excepting the following
17    enumerated Sections of the Chicago Municipal Code:
18    Sections 27-245 (following fire apparatus), 27-254
19    (obstruction of traffic), 27-258 (driving vehicle which is
20    in unsafe condition), 27-259 (coasting on downgrade),
21    27-264 (use of horns and signal devices), 27-265
22    (obstruction to driver's view or driver mechanism), 27-267
23    (dimming of headlights), 27-268 (unattended motor
24    vehicle), 27-272 (illegal funeral procession), 27-273
25    (funeral procession on boulevard), 27-275 (driving freight
26    hauling vehicles on boulevard), 27-276 (stopping and

 

 

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1    standing of buses or taxicabs), 27-277 (cruising of public
2    passenger vehicles), 27-305 (parallel parking), 27-306
3    (diagonal parking), 27-307 (parking not to obstruct
4    traffic), 27-308 (stopping, standing or parking
5    regulated), 27-311 (parking regulations), 27-312 (parking
6    regulations), 27-313 (parking regulations), 27-314
7    (parking regulations), 27-315 (parking regulations),
8    27-316 (parking regulations), 27-317 (parking
9    regulations), 27-318 (parking regulations), 27-319
10    (parking regulations), 27-320 (parking regulations),
11    27-321 (parking regulations), 27-322 (parking
12    regulations), 27-324 (loading and unloading at an angle),
13    27-333 (wheel and axle loads), 27-334 (load restrictions in
14    the downtown district), 27-335 (load restrictions in
15    residential areas), 27-338 (width of vehicles), 27-339
16    (height of vehicles), 27-340 (length of vehicles), 27-352
17    (reflectors on trailers), 27-353 (mufflers), 27-354
18    (display of plates), 27-355 (display of city vehicle tax
19    sticker), 27-357 (identification of vehicles), 27-358
20    (projecting of loads), and also excepting the following
21    enumerated paragraphs of Section 2-201 of the Rules and
22    Regulations of the Illinois State Toll Highway Authority:
23    (l) (driving unsafe vehicle on tollway), (m) (vehicles
24    transporting dangerous cargo not properly indicated), it
25    shall be the duty of the clerk of the court in which such
26    conviction is had within 5 days thereafter to forward to

 

 

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1    the Secretary of State a report of the conviction and the
2    court may recommend the suspension of the driver's license
3    or permit of the person so convicted.
4        The reporting requirements of this subsection shall
5    apply to all violations stated in paragraphs (1) and (2) of
6    this subsection when the individual has been adjudicated
7    under the Juvenile Court Act or the Juvenile Court Act of
8    1987. Such reporting requirements shall also apply to
9    individuals adjudicated under the Juvenile Court Act or the
10    Juvenile Court Act of 1987 who have committed a violation
11    of Section 11-501 of this Code, or similar provision of a
12    local ordinance, or Section 9-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012, relating to the offense
14    of reckless homicide, or Section 5-7 of the Snowmobile
15    Registration and Safety Act or Section 5-16 of the Boat
16    Registration and Safety Act, relating to the offense of
17    operating a snowmobile or a watercraft while under the
18    influence of alcohol, other drug or drugs, intoxicating
19    compound or compounds, or combination thereof. These
20    reporting requirements also apply to individuals
21    adjudicated under the Juvenile Court Act of 1987 based on
22    any offense determined to have been committed in
23    furtherance of the criminal activities of an organized
24    gang, as provided in Section 5-710 of that Act, and that
25    involved the operation or use of a motor vehicle or the use
26    of a driver's license or permit. The reporting requirements

 

 

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1    of this subsection shall also apply to a truant minor in
2    need of supervision, an addicted minor, or a delinquent
3    minor and whose driver's license and privilege to drive a
4    motor vehicle has been ordered suspended for such times as
5    determined by the court, but only until he or she attains
6    18 years of age. It shall be the duty of the clerk of the
7    court in which adjudication is had within 5 days thereafter
8    to forward to the Secretary of State a report of the
9    adjudication and the court order requiring the Secretary of
10    State to suspend the minor's driver's license and driving
11    privilege for such time as determined by the court, but
12    only until he or she attains the age of 18 years. All
13    juvenile court dispositions reported to the Secretary of
14    State under this provision shall be processed by the
15    Secretary of State as if the cases had been adjudicated in
16    traffic or criminal court. However, information reported
17    relative to the offense of reckless homicide, or Section
18    11-501 of this Code, or a similar provision of a local
19    ordinance, shall be privileged and available only to the
20    Secretary of State, courts, and police officers.
21        The reporting requirements of this subsection (a)
22    apply to all violations listed in paragraphs (1) and (2) of
23    this subsection (a), excluding parking violations, when
24    the driver holds a CLP or CDL, regardless of the type of
25    vehicle in which the violation occurred, or when any driver
26    committed the violation in a commercial motor vehicle as

 

 

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1    defined in Section 6-500 of this Code.
2        (3) Whenever an order is entered vacating the
3    forfeiture of any bail, security or bond given to secure
4    appearance for any offense under this Code or similar
5    offenses under municipal ordinance, it shall be the duty of
6    the clerk of the court in which such vacation was had or
7    the judge of such court if such court has no clerk, within
8    5 days thereafter to forward to the Secretary of State a
9    report of the vacation.
10        (4) A report of any disposition of court supervision
11    for a violation of Sections 6-303, 11-401, 11-501 or a
12    similar provision of a local ordinance, 11-503, 11-504, and
13    11-506 of this Code, Section 5-7 of the Snowmobile
14    Registration and Safety Act, and Section 5-16 of the Boat
15    Registration and Safety Act shall be forwarded to the
16    Secretary of State. A report of any disposition of court
17    supervision for a violation of an offense defined as a
18    serious traffic violation in this Code or a similar
19    provision of a local ordinance committed by a person under
20    the age of 21 years shall be forwarded to the Secretary of
21    State.
22        (5) Reports of conviction under this Code and
23    sentencing hearings under the Juvenile Court Act of 1987 in
24    an electronic format or a computer processible medium shall
25    be forwarded to the Secretary of State via the Supreme
26    Court in the form and format required by the Illinois

 

 

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1    Supreme Court and established by a written agreement
2    between the Supreme Court and the Secretary of State. In
3    counties with a population over 300,000, instead of
4    forwarding reports to the Supreme Court, reports of
5    conviction under this Code and sentencing hearings under
6    the Juvenile Court Act of 1987 in an electronic format or a
7    computer processible medium may be forwarded to the
8    Secretary of State by the Circuit Court Clerk in a form and
9    format required by the Secretary of State and established
10    by written agreement between the Circuit Court Clerk and
11    the Secretary of State. Failure to forward the reports of
12    conviction or sentencing hearing under the Juvenile Court
13    Act of 1987 as required by this Section shall be deemed an
14    omission of duty and it shall be the duty of the several
15    State's Attorneys to enforce the requirements of this
16    Section.
17    (b) Whenever a restricted driving permit is forwarded to a
18court, as a result of confiscation by a police officer pursuant
19to the authority in Section 6-113(f), it shall be the duty of
20the clerk, or judge, if the court has no clerk, to forward such
21restricted driving permit and a facsimile of the officer's
22citation to the Secretary of State as expeditiously as
23practicable.
24    (c) For the purposes of this Code, a forfeiture of bail or
25collateral deposited to secure a defendant's appearance in
26court when forfeiture has not been vacated, or the failure of a

 

 

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1defendant to appear for trial after depositing his driver's
2license in lieu of other bail, shall be equivalent to a
3conviction.
4    (d) For the purpose of providing the Secretary of State
5with records necessary to properly monitor and assess driver
6performance and assist the courts in the proper disposition of
7repeat traffic law offenders, the clerk of the court shall
8forward to the Secretary of State, on a form prescribed by the
9Secretary, records of a driver's participation in a driver
10remedial or rehabilitative program which was required, through
11a court order or court supervision, in relation to the driver's
12arrest for a violation of Section 11-501 of this Code or a
13similar provision of a local ordinance. The clerk of the court
14shall also forward to the Secretary, either on paper or in an
15electronic format or a computer processible medium as required
16under paragraph (5) of subsection (a) of this Section, any
17disposition of court supervision for any traffic violation,
18excluding those offenses listed in paragraph (2) of subsection
19(a) of this Section. These reports shall be sent within 5 days
20after disposition, or, if the driver is referred to a driver
21remedial or rehabilitative program, within 5 days of the
22driver's referral to that program. These reports received by
23the Secretary of State, including those required to be
24forwarded under paragraph (a)(4), shall be privileged
25information, available only (i) to the affected driver, (ii) to
26the parent or guardian of a person under the age of 18 years

 

 

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1holding an instruction permit or a graduated driver's license,
2and (iii) for use by the courts, police officers, prosecuting
3authorities, the Secretary of State, and the driver licensing
4administrator of any other state. In accordance with 49 C.F.R.
5Part 384, all reports of court supervision, except violations
6related to parking, shall be forwarded to the Secretary of
7State for all holders of a CLP or CDL or any driver who commits
8an offense while driving a commercial motor vehicle. These
9reports shall be recorded to the driver's record as a
10conviction for use in the disqualification of the driver's
11commercial motor vehicle privileges and shall not be privileged
12information.
13    (e) For purposes of reinstating a suspended or revoked
14driver's license, the clerk of court shall immediately notify
15the Secretary of a driver's participation in a traffic ticket
16fine waiver program under Section 16-109 of this Code.
17(Source: P.A. 100-74, eff. 8-11-17.)
 
18    (625 ILCS 5/16-104e)
19    Sec. 16-104e. Minimum penalty for traffic offenses. Except
20as provided under Section 16-109 of this Code or unless Unless
21otherwise disposed of prior to a court appearance in the same
22matter under Supreme Court Rule 529, a person who, after a
23court appearance in the same matter, is found guilty of or
24pleads guilty to, including any person receiving a disposition
25of court supervision, a violation of this Code or a similar

 

 

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1provision of a local ordinance shall pay a fine that may not be
2waived. Nothing in this Section shall prevent the court from
3ordering that the fine be paid within a specified period of
4time or in installments under Section 5-9-1 of the Unified Code
5of Corrections.
6(Source: P.A. 96-1462, eff. 1-1-11.)
 
7    (625 ILCS 5/16-109 new)
8    Sec. 16-109. Traffic ticket fine waiver program.
9    (a) For purposes of this Section, "minor traffic offense"
10means a petty offense or a business offense committed under
11this Code or a similar provision of a local ordinance.
12    (b) A defendant who is in default or is unable to pay
13required fines, fees, costs, or court assessments, or who has a
14suspended driver's license, resulting from a minor traffic
15offense under this Code or a similar provision of a local
16ordinance, may petition the court having jurisdiction over the
17defendant's case to enter into a traffic ticket fine waiver
18program.
19    (c) This Section shall apply only to a defendant who
20pleaded guilty to or is convicted of a minor traffic offense
21committed no earlier than 2 years before the effective date of
22this amendatory Act of the 100th General Assembly.
23    (d) An application under this Section shall be in writing,
24signed by the defendant, or if the defendant is a minor or
25incompetent adult, by another person having knowledge of the

 

 

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1facts. The contents of the application, and the procedure for
2deciding applications, may be established by Supreme Court
3Rule.
4    (e) The court shall immediately notify the Secretary of
5State of the defendant's participation in the program and the
6Secretary shall, if applicable, reinstate the defendant's
7suspended or revoked driver's license.
8    (f) Upon submission of the application to enter into the
9program, the court shall grant the defendant:
10        (1) the ability to convert all of the amount due into
11    court-approved public or community service, for which one
12    hour of public or community service shall be equivalent to
13    $10 of the amount due; or
14        (2) a partial obligation waiver in the following
15    amounts:
16            (A) fifty percent of the total amount due shall be
17        waived for any defendant who submits the application;
18        or
19            (B) eighty percent of the total amount due shall be
20        waived for any defendant who:
21                (i) has an available income that is 125% or
22            less of the current poverty level as established by
23            the United States Department of Health and Human
24            Services; or
25                (ii) is receiving assistance under one or more
26            of the following means based governmental public

 

 

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1            benefits programs: Supplemental Security Income;
2            the Aged, Blind and Disabled; Temporary Assistance
3            for Needy Families; Supplemental Nutrition
4            Assistance Program; General Assistance;
5            Transitional Assistance; or State Children and
6            Family Assistance.
7    (g) The Secretary of State shall provide information on the
8traffic ticket fine waiver program on its website and shall
9provide an insert with each vehicle registration that contains
10information on the program. The clerk of court shall provide
11the application to a defendant upon request.