Illinois General Assembly - Full Text of HB0090
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Full Text of HB0090  102nd General Assembly

HB0090 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0090

 

Introduced 1/14/2021, 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 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. Defines "minor traffic offense". Makes conforming changes.


LRB102 03775 HEP 13788 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0090LRB102 03775 HEP 13788 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative intent. It is the intent of this
5Act to provide economic relief to persons who need assistance
6in paying off debts incurred due to minor traffic offense
7tickets. The General Assembly recognizes that possessing a
8driver's license in this State is a privilege; however, it
9also recognizes that persons should not be deprived of the
10opportunity to provide for themselves or their families
11because of a suspended driver's license or increased debt from
12failure to pay fines and costs on traffic violation tickets.
 
13    Section 5. The Illinois Vehicle Code is amended by
14changing Sections 6-204 and 16-104e and by adding Section
1516-109 as follows:
 
16    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
17    Sec. 6-204. When court to forward license and reports.
18    (a) For the purpose of providing to the Secretary of State
19the records essential to the performance of the Secretary's
20duties under this Code to cancel, revoke or suspend the
21driver's license and privilege to drive motor vehicles of
22certain minors and of persons found guilty of the criminal

 

 

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1offenses or traffic violations which this Code recognizes as
2evidence relating to unfitness to safely operate motor
3vehicles, the following duties are imposed upon public
4officials:
5        (1) Whenever any person is convicted of any offense
6    for which this Code makes mandatory the cancellation or
7    revocation of the driver's license or permit of such
8    person by the Secretary of State, the judge of the court in
9    which such conviction is had shall require the surrender
10    to the clerk of the court of all driver's licenses or
11    permits then held by the person so convicted, and the
12    clerk of the court shall, within 5 days thereafter,
13    forward the same, together with a report of such
14    conviction, to the Secretary.
15        (2) Whenever any person is convicted of any offense
16    under this Code or similar offenses under a municipal
17    ordinance, other than regulations governing standing,
18    parking or weights of vehicles, and excepting the
19    following enumerated Sections of this Code: Sections
20    11-1406 (obstruction to driver's view or control), 11-1407
21    (improper opening of door into traffic), 11-1410 (coasting
22    on downgrade), 11-1411 (following fire apparatus),
23    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
24    vehicle which is in unsafe condition or improperly
25    equipped), 12-201(a) (daytime lights on motorcycles),
26    12-202 (clearance, identification and side marker lamps),

 

 

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1    12-204 (lamp or flag on projecting load), 12-205 (failure
2    to display the safety lights required), 12-401
3    (restrictions as to tire equipment), 12-502 (mirrors),
4    12-503 (windshields must be unobstructed and equipped with
5    wipers), 12-601 (horns and warning devices), 12-602
6    (mufflers, prevention of noise or smoke), 12-603 (seat
7    safety belts), 12-702 (certain vehicles to carry flares or
8    other warning devices), 12-703 (vehicles for oiling roads
9    operated on highways), 12-710 (splash guards and
10    replacements), 13-101 (safety tests), 15-101 (size, weight
11    and load), 15-102 (width), 15-103 (height), 15-104 (name
12    and address on second division vehicles), 15-107 (length
13    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
14    (weights), 15-112 (weights), 15-301 (weights), 15-316
15    (weights), 15-318 (weights), and also excepting the
16    following enumerated Sections of the Chicago Municipal
17    Code: Sections 27-245 (following fire apparatus), 27-254
18    (obstruction of traffic), 27-258 (driving vehicle which is
19    in unsafe condition), 27-259 (coasting on downgrade),
20    27-264 (use of horns and signal devices), 27-265
21    (obstruction to driver's view or driver mechanism), 27-267
22    (dimming of headlights), 27-268 (unattended motor
23    vehicle), 27-272 (illegal funeral procession), 27-273
24    (funeral procession on boulevard), 27-275 (driving freight
25    hauling vehicles on boulevard), 27-276 (stopping and
26    standing of buses or taxicabs), 27-277 (cruising of public

 

 

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

 

 

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

 

 

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1    thereafter to forward to the Secretary of State a report
2    of the adjudication and the court order requiring the
3    Secretary of State to suspend the minor's driver's license
4    and driving privilege for such time as determined by the
5    court, but only until he or she attains the age of 18
6    years. All juvenile court dispositions reported to the
7    Secretary of State under this provision shall be processed
8    by the Secretary of State as if the cases had been
9    adjudicated in traffic or criminal court. However,
10    information reported relative to the offense of reckless
11    homicide, or Section 11-501 of this Code, or a similar
12    provision of a local ordinance, shall be privileged and
13    available only to the Secretary of State, courts, and
14    police officers.
15        The reporting requirements of this subsection (a)
16    apply to all violations listed in paragraphs (1) and (2)
17    of this subsection (a), excluding parking violations, when
18    the driver holds a CLP or CDL, regardless of the type of
19    vehicle in which the violation occurred, or when any
20    driver committed the violation in a commercial motor
21    vehicle as defined in Section 6-500 of this Code.
22        (3) Whenever an order is entered vacating the
23    forfeiture of any bail, security or bond given to secure
24    appearance for any offense under this Code or similar
25    offenses under municipal ordinance, it shall be the duty
26    of the clerk of the court in which such vacation was had or

 

 

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1    the judge of such court if such court has no clerk, within
2    5 days thereafter to forward to the Secretary of State a
3    report of the vacation.
4        (4) A report of any disposition of court supervision
5    for a violation of Sections 6-303, 11-401, 11-501 or a
6    similar provision of a local ordinance, 11-503, 11-504,
7    and 11-506 of this Code, Section 5-7 of the Snowmobile
8    Registration and Safety Act, and Section 5-16 of the Boat
9    Registration and Safety Act shall be forwarded to the
10    Secretary of State. A report of any disposition of court
11    supervision for a violation of an offense defined as a
12    serious traffic violation in this Code or a similar
13    provision of a local ordinance committed by a person under
14    the age of 21 years shall be forwarded to the Secretary of
15    State.
16        (5) Reports of conviction under this Code and
17    sentencing hearings under the Juvenile Court Act of 1987
18    in an electronic format or a computer processible medium
19    shall be forwarded to the Secretary of State via the
20    Supreme Court in the form and format required by the
21    Illinois Supreme Court and established by a written
22    agreement between the Supreme Court and the Secretary of
23    State. In counties with a population over 300,000, instead
24    of forwarding reports to the Supreme Court, reports of
25    conviction under this Code and sentencing hearings under
26    the Juvenile Court Act of 1987 in an electronic format or a

 

 

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1    computer processible medium may be forwarded to the
2    Secretary of State by the Circuit Court Clerk in a form and
3    format required by the Secretary of State and established
4    by written agreement between the Circuit Court Clerk and
5    the Secretary of State. Failure to forward the reports of
6    conviction or sentencing hearing under the Juvenile Court
7    Act of 1987 as required by this Section shall be deemed an
8    omission of duty and it shall be the duty of the several
9    State's Attorneys to enforce the requirements of this
10    Section.
11    (b) Whenever a restricted driving permit is forwarded to a
12court, as a result of confiscation by a police officer
13pursuant to the authority in Section 6-113(f), it shall be the
14duty of the clerk, or judge, if the court has no clerk, to
15forward such restricted driving permit and a facsimile of the
16officer's citation to the Secretary of State as expeditiously
17as practicable.
18    (c) For the purposes of this Code, a forfeiture of bail or
19collateral deposited to secure a defendant's appearance in
20court when forfeiture has not been vacated, or the failure of a
21defendant to appear for trial after depositing his driver's
22license in lieu of other bail, shall be equivalent to a
23conviction.
24    (d) For the purpose of providing the Secretary of State
25with records necessary to properly monitor and assess driver
26performance and assist the courts in the proper disposition of

 

 

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1repeat traffic law offenders, the clerk of the court shall
2forward to the Secretary of State, on a form prescribed by the
3Secretary, records of a driver's participation in a driver
4remedial or rehabilitative program which was required, through
5a court order or court supervision, in relation to the
6driver's arrest for a violation of Section 11-501 of this Code
7or a similar provision of a local ordinance. The clerk of the
8court shall also forward to the Secretary, either on paper or
9in an electronic format or a computer processible medium as
10required under paragraph (5) of subsection (a) of this
11Section, any disposition of court supervision for any traffic
12violation, excluding those offenses listed in paragraph (2) of
13subsection (a) of this Section. These reports shall be sent
14within 5 days after disposition, or, if the driver is referred
15to a driver remedial or rehabilitative program, within 5 days
16of the driver's referral to that program. These reports
17received by the Secretary of State, including those required
18to be forwarded under paragraph (a)(4), shall be privileged
19information, available only (i) to the affected driver, (ii)
20to the parent or guardian of a person under the age of 18 years
21holding an instruction permit or a graduated driver's license,
22and (iii) for use by the courts, police officers, prosecuting
23authorities, the Secretary of State, and the driver licensing
24administrator of any other state. In accordance with 49 C.F.R.
25Part 384, all reports of court supervision, except violations
26related to parking, shall be forwarded to the Secretary of

 

 

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1State for all holders of a CLP or CDL or any driver who commits
2an offense while driving a commercial motor vehicle. These
3reports shall be recorded to the driver's record as a
4conviction for use in the disqualification of the driver's
5commercial motor vehicle privileges and shall not be
6privileged information.
7    (e) For purposes of reinstating a suspended or revoked
8driver's license, the clerk of court shall immediately notify
9the Secretary of a driver's participation in a traffic ticket
10fine waiver program under Section 16-109 of this Code.
11(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
12    (625 ILCS 5/16-104e)
13    Sec. 16-104e. Minimum penalty for traffic offenses. Except
14as provided under Section 16-109 of this Code or unless Unless
15otherwise disposed of prior to a court appearance in the same
16matter under Supreme Court Rule 529, a person who, after a
17court appearance in the same matter, is found guilty of or
18pleads guilty to, including any person receiving a disposition
19of court supervision, a violation of this Code or a similar
20provision of a local ordinance shall pay a fine that may not be
21waived. Nothing in this Section shall prevent the court from
22ordering that the fine be paid within a specified period of
23time or in installments under Section 5-9-1 of the Unified
24Code of Corrections.
25(Source: P.A. 96-1462, eff. 1-1-11.)
 

 

 

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1    (625 ILCS 5/16-109 new)
2    Sec. 16-109. Traffic ticket fine waiver program.
3    (a) As used in this Section, "minor traffic offense" means
4a petty offense or a business offense committed under this
5Code or a similar provision of a local ordinance.
6    (b) A defendant who is in default or is unable to pay
7required fines, fees, costs, or court assessments, or who has
8a suspended driver's license, resulting from a minor traffic
9offense under this Code or a similar provision of a local
10ordinance, may petition the court having jurisdiction over the
11defendant's case to enter into a traffic ticket fine waiver
12program.
13    (c) This Section applies only to a defendant who pleads
14guilty to or is convicted of a minor traffic offense committed
15no earlier than 2 years before the effective date of this
16amendatory Act of the 102nd General Assembly.
17    (d) An application under this Section shall be in writing
18and signed by the defendant or, if the defendant is a minor or
19person under legal disability, by another person having
20knowledge of the facts. The contents of the application and
21the procedure for deciding applications may be established by
22Supreme Court Rule.
23    (e) The court shall immediately notify the Secretary of
24State of the defendant's participation in the program and the
25Secretary shall, if applicable, reinstate the defendant's

 

 

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1suspended or revoked driver's license.
2    (f) Upon submission of the application to enter into the
3program, the court shall grant the defendant:
4        (1) the ability to convert the amount due into
5    court-approved public or community service, for which one
6    hour of public or community service shall be equivalent to
7    $10 of the amount due; or
8        (2) a partial obligation waiver as follows:
9            (A) 50% of the total amount due shall be waived for
10        any defendant who submits the application; or
11            (B) 80% of the total amount due shall be waived for
12        any defendant who:
13                (i) has an available income that is 125% or
14            less of the current poverty level as established
15            by the United States Department of Health and
16            Human Services; or
17                (ii) is receiving assistance under one or more
18            of the following means-based governmental public
19            benefits programs: Supplemental Security Income;
20            Aid to the Aged, Blind, and Disabled; Temporary
21            Assistance for Needy Families; Supplemental
22            Nutrition Assistance Program; General Assistance;
23            Transitional Assistance; or State Children and
24            Family Assistance.
25    (g) The Secretary of State shall provide information on
26the traffic ticket fine waiver program on its website. The

 

 

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1clerk of court shall provide the application to a defendant
2upon request.