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90_HB3620
625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
Amends the Illinois Driver Licensing Law within the
Vehicle Code. Provides that whenever an order is entered
vacating a conviction under the Code or under a similar
municipal ordinance, it is the duty of the court in which the
order was entered to forward to the Secretary of State a copy
of the certification of traffic violation disposition,
indicating entry of the order vacating the conviction, within
10 days after entry of the order. Provides that the
Secretary of State may not accept a report of an order
vacating a conviction from any person other than the clerk of
the court in which the order was entered or, if the court has
no clerk, the judge of the court.
LRB9010828DJcd
LRB9010828DJcd
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-204.
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 Section 6-204 as follows:
7 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
8 Sec. 6-204. When Court to forward License and Reports.
9 (a) For the purpose of providing to the Secretary of
10 State the records essential to the performance of the
11 Secretary's duties under this Code to cancel, revoke or
12 suspend the driver's license and privilege to drive motor
13 vehicles of persons found guilty of the criminal offenses or
14 traffic violations which this Code recognizes as evidence
15 relating to unfitness to safely operate motor vehicles, the
16 following duties are imposed upon public officials:
17 1. Whenever any person is convicted of any offense
18 for which this Code makes mandatory the cancellation or
19 revocation of the driver's license or permit of such
20 person by the Secretary of State, the judge of the court
21 in which such conviction is had shall require the
22 surrender to the clerk of the court of all driver's
23 licenses or permits then held by the person so convicted,
24 and the clerk of the court shall, within 10 days
25 thereafter, forward the same, together with a report of
26 such conviction, to the Secretary.
27 2. Whenever any person is convicted of any offense
28 under this Code or similar offenses under a municipal
29 ordinance, other than regulations governing standing,
30 parking or weights of vehicles, and excepting the
31 following enumerated Sections of this Code: Sections
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1 11-1406 (obstruction to driver's view or control),
2 11-1407 (improper opening of door into traffic), 11-1410
3 (coasting on downgrade), 11-1411 (following fire
4 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
5 (driving vehicle which is in unsafe condition or
6 improperly equipped), 12-201(a) (daytime lights on
7 motorcycles), 12-202 (clearance, identification and side
8 marker lamps), 12-204 (lamp or flag on projecting load),
9 12-205 (failure to display the safety lights required),
10 12-401 (restrictions as to tire equipment), 12-502
11 (mirrors), 12-503 (windshields must be unobstructed and
12 equipped with wipers), 12-601 (horns and warning
13 devices), 12-602 (mufflers, prevention of noise or
14 smoke), 12-603 (seat safety belts), 12-702 (certain
15 vehicles to carry flares or other warning devices),
16 12-703 (vehicles for oiling roads operated on highways),
17 12-710 (splash guards and replacements), 13-101 (safety
18 tests), 15-101 (size, weight and load), 15-102 (width),
19 15-103 (height), 15-104 (name and address on second
20 division vehicles), 15-107 (length of vehicle), 15-109.1
21 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
22 15-301 (weights), 15-316 (weights), 15-318 (weights), and
23 also excepting the following enumerated Sections of the
24 Chicago Municipal Code: Sections 27-245 (following fire
25 apparatus), 27-254 (obstruction of traffic), 27-258
26 (driving vehicle which is in unsafe condition), 27-259
27 (coasting on downgrade), 27-264 (use of horns and signal
28 devices), 27-265 (obstruction to driver's view or driver
29 mechanism), 27-267 (dimming of headlights), 27-268
30 (unattended motor vehicle), 27-272 (illegal funeral
31 procession), 27-273 (funeral procession on boulevard),
32 27-275 (driving freighthauling vehicles on boulevard),
33 27-276 (stopping and standing of buses or taxicabs),
34 27-277 (cruising of public passenger vehicles), 27-305
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1 (parallel parking), 27-306 (diagonal parking), 27-307
2 (parking not to obstruct traffic), 27-308 (stopping,
3 standing or parking regulated), 27-311 (parking
4 regulations), 27-312 (parking regulations), 27-313
5 (parking regulations), 27-314 (parking regulations),
6 27-315 (parking regulations), 27-316 (parking
7 regulations), 27-317 (parking regulations), 27-318
8 (parking regulations), 27-319 (parking regulations),
9 27-320 (parking regulations), 27-321 (parking
10 regulations), 27-322 (parking regulations), 27-324
11 (loading and unloading at an angle), 27-333 (wheel and
12 axle loads), 27-334 (load restrictions in the downtown
13 district), 27-335 (load restrictions in residential
14 areas), 27-338 (width of vehicles), 27-339 (height of
15 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 10 days thereafter to forward to
26 the Secretary of State a report of the conviction and the
27 court may recommend the suspension of the driver's
28 license or permit of the person so convicted.
29 The reporting requirements of this subsection shall apply
30 to all violations stated in paragraphs 1 and 2 of this
31 subsection when the individual has been adjudicated under the
32 Juvenile Court Act or the Juvenile Court Act of 1987. Such
33 reporting requirements shall also apply to individuals
34 adjudicated under the Juvenile Court Act or the Juvenile
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1 Court Act of 1987 who have committed a violation of Section
2 11-501 of this Code, or similar provision of a local
3 ordinance, or Section 9-3 of the Criminal Code of 1961, as
4 amended, relating to the offense of reckless homicide. All
5 juvenile court dispositions reported to the Secretary of
6 State under this provision shall be processed by the
7 Secretary of State as if the cases had been adjudicated in
8 traffic or criminal court. However, information reported
9 relative to the offense of reckless homicide, or Section
10 11-501 of this Code, or a similar provision of a local
11 ordinance, shall be privileged and available only to the
12 Secretary of State, courts, and police officers.
13 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 3.5. Whenever an order is entered vacating a
22 conviction under this Code or under a similar municipal
23 ordinance that was reported to the Secretary of State
24 under paragraph 1 or 2 of this subsection (a), it is the
25 duty of the clerk of the court in which the order was
26 entered, or the judge of the court if the court has no
27 clerk, to forward to the Secretary of State a copy of the
28 certification of traffic violation disposition,
29 indicating entry of the order vacating the conviction,
30 within 10 days after entry of the order. The Secretary
31 of State may not accept a report of an order vacating a
32 conviction from any person other than the clerk of the
33 court in which the order was entered or, if the court has
34 no clerk, the judge of the court.
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1 4. A report of any disposition of court supervision
2 for a violation of Sections 6-303, 11-401, 11-501 or a
3 similar provision of a local ordinance, 11-503 and 11-504
4 shall be forwarded to the Secretary of State. A report of
5 any disposition of court supervision for a violation of
6 an offense defined as a serious traffic violation in this
7 Code or a similar provision of a local ordinance
8 committed by a person under the age of 21 years shall be
9 forwarded to the Secretary of State.
10 5. Reports of conviction in a computer processible
11 medium shall be forwarded to the Secretary of State via
12 the Supreme Court in the form and format required by the
13 Illinois Supreme Court and established by a written
14 agreement between the Supreme Court and the Secretary of
15 State. In counties with a population over 300,000,
16 instead of forwarding reports to the Supreme Court,
17 reports of conviction in a computer processible medium
18 may be forwarded to the Secretary of State by the Circuit
19 Court Clerk in a form and format required by the
20 Secretary of State and established by written agreement
21 between the Circuit Court Clerk and the Secretary of
22 State. Failure to forward the reports of conviction as
23 required by this Section shall be deemed an omission of
24 duty and it shall be the duty of the several State's
25 Attorneys to enforce the requirements of this Section.
26 (b) Whenever a restricted driving permit is forwarded to
27 a court, as a result of confiscation by a police officer
28 pursuant to the authority in Section 6-113(f), it shall be
29 the duty of the clerk, or judge, if the court has no clerk,
30 to forward such restricted driving permit and a facsimile of
31 the officer's citation to the Secretary of State as
32 expeditiously as practicable.
33 (c) For the purposes of this Code, a forfeiture of bail
34 or collateral deposited to secure a defendant's appearance in
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1 court when forfeiture has not been vacated, or the failure of
2 a defendant to appear for trial after depositing his driver's
3 license in lieu of other bail, shall be equivalent to a
4 conviction.
5 (d) For the purpose of providing the Secretary of State
6 with records necessary to properly monitor and assess driver
7 performance and assist the courts in the proper disposition
8 of repeat traffic law offenders, the clerk of the court shall
9 forward to the Secretary of State, on a form prescribed by
10 the Secretary, records of driver's participation in a driver
11 remedial or rehabilitative program which was required,
12 through a court order or court supervision, in relation to
13 the driver's arrest for a violation of Section 11-501 of this
14 Code or a similar provision of a local ordinance. Such
15 reports shall be sent within 10 days after the driver's
16 referral to such driver remedial or rehabilitative program.
17 Such reports, including those required to be forwarded under
18 subsection 4 of paragraph (a), shall be recorded to the
19 driver's file, but shall not be released to any outside
20 source, except the affected driver, and shall be used only to
21 assist in assessing driver performance and for the purpose of
22 informing the courts that such driver has been previously
23 assigned court supervision or referred to a driver's remedial
24 or rehabilitative program.
25 (Source: P.A. 90-369, eff. 1-1-98.)