Bill Text: IL HB0198 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-29 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB0198 Detail]

Download: Illinois-2019-HB0198-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB0198 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 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.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Legislative intent. It is the intent of this Act
to provide economic relief to persons who need assistance in
paying off debts incurred due to minor traffic offense tickets.
The General Assembly recognizes that possessing a driver's
license in this State is a privilege; however, it also
recognizes that persons should not be deprived of the
opportunity to provide for themselves or their families because
of a suspended driver's license or increased debt from failure
to pay fines and costs on traffic violation tickets.
Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-204 and 16-104e and by adding Section 16-109 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

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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),

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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

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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

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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

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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.

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(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

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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

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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,

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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.
(e) For purposes of reinstating a suspended or revoked
driver's license, the clerk of court shall immediately notify
the Secretary of a driver's participation in a traffic ticket
fine waiver program under Section 16-109 of this Code.
(Source: P.A. 100-74, eff. 8-11-17.)
(625 ILCS 5/16-104e)
Sec. 16-104e. Minimum penalty for traffic offenses. Except
as provided under Section 16-109 of this Code or unless Unless
otherwise disposed of prior to a court appearance in the same
matter under Supreme Court Rule 529, a person who, after a
court appearance in the same matter, is found guilty of or
pleads guilty to, including any person receiving a disposition
of court supervision, a violation of this Code or a similar
provision of a local ordinance shall pay a fine that may not be

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waived. Nothing in this Section shall prevent the court from
ordering that the fine be paid within a specified period of
time or in installments under Section 5-9-1 of the Unified Code
of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.)
(625 ILCS 5/16-109 new)
Sec. 16-109. Traffic ticket fine waiver program.
(a) As used in this Section, "minor traffic offense" means
a petty offense or a business offense committed under this Code
or a similar provision of a local ordinance.
(b) 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 this Code or a similar provision of a local
ordinance, may petition the court having jurisdiction over the
defendant's case to enter into a traffic ticket fine waiver
program.
(c) This Section applies only to a defendant who pleads
guilty to or is convicted of a minor traffic offense committed
no earlier than 2 years before the effective date of this
amendatory Act of the 101st General Assembly.
(d) An application under this Section shall be in writing
and signed by the defendant or, if the defendant is a minor or
incompetent adult, by another person having knowledge of the
facts. The contents of the application and the procedure for

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deciding applications may be established by Supreme Court Rule.
(e) The court shall immediately notify the Secretary of
State of the defendant's participation in the program and the
Secretary shall, if applicable, reinstate the defendant's
suspended or revoked driver's license.
(f) 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 or community service, for which one
hour of public or community service shall be equivalent to
$10 of the amount due; or
(2) a partial obligation waiver as follows:
(A) 50% of the total amount due shall be waived for
any defendant who submits the application; or
(B) 80% of the total amount due shall be waived for
any defendant who:
(i) has an available income that is 125% or
less of the current poverty level as established by
the United States Department of Health and Human
Services; or
(ii) is receiving assistance under one or more
of the following means-based governmental public
benefits programs: Supplemental Security Income;
Aid to the Aged, Blind, and Disabled; Temporary
Assistance for Needy Families; Supplemental
Nutrition Assistance Program; General Assistance;

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Transitional Assistance; or State Children and
Family Assistance.
(g) The Secretary of State shall provide information on the
traffic ticket fine waiver program on its website and shall
provide with each vehicle registration an insert that contains
information on the program. The clerk of court shall provide
the application to a defendant upon request.