Bill Text: IL HB0221 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that a report of any disposition of court supervision for a violation of an offense defined as a serious traffic violation under the Code or a similar provision of a local ordinance shall be forwarded to the Secretary of State (previously, report restricted to a serious traffic violation committed by a person under 21 years of age). Provides that a clerk of court shall immediately forward (rather than forward within 5 days after disposition) to the Secretary a disposition of court supervision for any traffic violation, except for certain violations under the Code.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0221 Detail]
Download: Illinois-2017-HB0221-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-204 as follows:
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6 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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7 | Sec. 6-204. When Court to forward license and reports.
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8 | (a) For the purpose of providing to the Secretary of State | |||||||||||||||||||
9 | the records
essential to the performance of the Secretary's | |||||||||||||||||||
10 | duties under this Code to
cancel, revoke or suspend the | |||||||||||||||||||
11 | driver's license and privilege to drive motor
vehicles of | |||||||||||||||||||
12 | certain minors adjudicated truant minors in need of | |||||||||||||||||||
13 | supervision,
addicted, or delinquent and of persons
found | |||||||||||||||||||
14 | guilty of the criminal offenses or traffic violations
which | |||||||||||||||||||
15 | this Code recognizes as evidence relating to unfitness to | |||||||||||||||||||
16 | safely operate
motor vehicles, the following duties are imposed | |||||||||||||||||||
17 | upon public officials:
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18 | (1) Whenever any person is convicted of any offense for | |||||||||||||||||||
19 | which
this
Code makes mandatory the cancellation or | |||||||||||||||||||
20 | revocation of the driver's
license or permit of such person | |||||||||||||||||||
21 | by the Secretary of State, the judge of the
court in which | |||||||||||||||||||
22 | such conviction is had shall require the surrender to the | |||||||||||||||||||
23 | clerk
of the court of all driver's licenses or permits then |
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1 | held by the person so
convicted, and the clerk of the court | ||||||
2 | shall, within 5 days thereafter, forward
the same, together | ||||||
3 | with a report of such conviction, to the Secretary.
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4 | (2) Whenever any person is convicted of any offense | ||||||
5 | under this
Code or
similar offenses under a municipal | ||||||
6 | ordinance, other than regulations
governing standing, | ||||||
7 | parking or weights of vehicles, and excepting the
following | ||||||
8 | enumerated Sections of this Code: Sections 11-1406 | ||||||
9 | (obstruction
to driver's view or control), 11-1407 | ||||||
10 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
11 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
12 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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13 | vehicle which is in unsafe condition or improperly | ||||||
14 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
15 | 12-202 (clearance, identification and
side marker lamps), | ||||||
16 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
17 | to display the safety lights required), 12-401 | ||||||
18 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
19 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
20 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
21 | (mufflers, prevention of noise or smoke), 12-603 (seat
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22 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
23 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
24 | operated on highways),
12-710 (splash guards and | ||||||
25 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
26 | and load), 15-102 (width), 15-103 (height), 15-104 (name
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1 | and address on second division vehicles), 15-107 (length of | ||||||
2 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
3 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
4 | 15-318 (weights), and also excepting the following
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5 | enumerated Sections of the Chicago Municipal Code: | ||||||
6 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
7 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
8 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
9 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
10 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
11 | (dimming of headlights), 27-268 (unattended motor | ||||||
12 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
13 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
14 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
15 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
16 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
17 | (diagonal parking), 27-307 (parking not to obstruct
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18 | traffic), 27-308 (stopping, standing or parking | ||||||
19 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
20 | regulations), 27-313 (parking regulations),
27-314 | ||||||
21 | (parking regulations), 27-315 (parking regulations), | ||||||
22 | 27-316 (parking
regulations), 27-317 (parking | ||||||
23 | regulations), 27-318 (parking regulations),
27-319 | ||||||
24 | (parking regulations), 27-320 (parking regulations), | ||||||
25 | 27-321 (parking
regulations), 27-322 (parking | ||||||
26 | regulations), 27-324 (loading and
unloading at an angle), |
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1 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
2 | the downtown district), 27-335 (load restrictions in
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3 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
4 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
5 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
6 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
7 | sticker), 27-357 (identification of vehicles), 27-358
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8 | (projecting of loads), and also excepting the following | ||||||
9 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
10 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
11 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
12 | transporting dangerous cargo not properly indicated), it
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13 | shall be the duty of the clerk of the court in which such | ||||||
14 | conviction is
had within 5 days thereafter to forward to | ||||||
15 | the Secretary of State a report of
the conviction and the | ||||||
16 | court may recommend the suspension of the driver's
license | ||||||
17 | or permit of the person so convicted.
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18 | The reporting requirements of this subsection shall | ||||||
19 | apply to all
violations stated in paragraphs (1) and (2) of | ||||||
20 | this
subsection when the
individual has been adjudicated | ||||||
21 | under the Juvenile Court Act or the
Juvenile Court Act of | ||||||
22 | 1987. Such reporting requirements shall also apply to
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23 | individuals adjudicated under the Juvenile Court Act or the | ||||||
24 | Juvenile Court Act
of 1987 who have committed a violation | ||||||
25 | of Section 11-501 of this Code, or
similar provision of a | ||||||
26 | local ordinance, or Section 9-3 of the Criminal Code
of |
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1 | 1961 or the Criminal Code of 2012, relating to the offense | ||||||
2 | of reckless homicide.
These reporting requirements also | ||||||
3 | apply to individuals adjudicated under the Juvenile Court | ||||||
4 | Act of 1987 based on any offense determined to have been | ||||||
5 | committed in furtherance of the criminal activities of an | ||||||
6 | organized gang, as provided in Section 5-710 of that Act, | ||||||
7 | and that involved the operation or use of a motor vehicle | ||||||
8 | or the use of a driver's license or permit. The reporting | ||||||
9 | requirements of this subsection shall also apply to
a | ||||||
10 | truant minor in need of supervision, an addicted
minor, or | ||||||
11 | a delinquent minor and whose driver's license and privilege | ||||||
12 | to
drive a motor vehicle has been ordered suspended for | ||||||
13 | such times as determined
by the Court, but only until he or | ||||||
14 | she attains
18 years of age. It shall be the duty of the | ||||||
15 | clerk of the court in which
adjudication is had within 5 | ||||||
16 | days thereafter to forward to the Secretary of
State a | ||||||
17 | report of the adjudication and the court order requiring | ||||||
18 | the Secretary
of State to suspend the minor's driver's | ||||||
19 | license and driving privilege for such
time as determined | ||||||
20 | by the Court, but only until he or she attains the age of | ||||||
21 | 18
years. All juvenile court dispositions reported to the | ||||||
22 | Secretary of State
under this provision shall be processed | ||||||
23 | by the Secretary of State as if the
cases had been | ||||||
24 | adjudicated in traffic or criminal court. However, | ||||||
25 | information
reported relative to the offense of reckless | ||||||
26 | homicide, or Section 11-501 of
this Code, or a similar |
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1 | provision of a local ordinance, shall be privileged
and | ||||||
2 | available only to the Secretary of State, courts, and | ||||||
3 | police officers.
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4 | The reporting requirements of this subsection (a) | ||||||
5 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
6 | this subsection (a), excluding parking violations, when | ||||||
7 | the driver holds a CLP or CDL, regardless of the type of | ||||||
8 | vehicle in which the violation occurred, or when any driver | ||||||
9 | committed the violation in a commercial motor vehicle as | ||||||
10 | defined in Section 6-500 of this Code.
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11 | (3) Whenever an order is entered vacating the | ||||||
12 | forfeiture of any
bail,
security or bond given to secure | ||||||
13 | appearance for any offense under this
Code or similar | ||||||
14 | offenses under municipal ordinance, it shall be the duty
of | ||||||
15 | the clerk of the court in which such vacation was had or | ||||||
16 | the judge of
such court if such court has no clerk, within | ||||||
17 | 5 days thereafter to
forward to the Secretary of State a | ||||||
18 | report of the vacation.
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19 | (4) A report of any disposition of court supervision | ||||||
20 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
21 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
22 | 11-506 shall be forwarded to the Secretary of State.
A | ||||||
23 | report of any disposition of court supervision for a | ||||||
24 | violation of an offense
defined as a serious traffic | ||||||
25 | violation in this Code or a similar provision of a
local | ||||||
26 | ordinance committed by a person under the age of 21 years |
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1 | shall be
forwarded to the Secretary of State.
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2 | (5) Reports of conviction
under this Code
and | ||||||
3 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
4 | an electronic format
or a computer processible medium
shall
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5 | be
forwarded to the Secretary of State via the Supreme | ||||||
6 | Court in the form and
format required by the Illinois | ||||||
7 | Supreme Court and established by a written
agreement | ||||||
8 | between the Supreme Court and the Secretary of State.
In | ||||||
9 | counties with a population over 300,000, instead of | ||||||
10 | forwarding reports to
the Supreme Court, reports of | ||||||
11 | conviction
under this Code
and sentencing hearings under | ||||||
12 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
13 | computer processible medium
may
be forwarded to the | ||||||
14 | Secretary of State by the Circuit Court Clerk in a form and
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15 | format required by the Secretary of State and established | ||||||
16 | by written agreement
between the Circuit Court Clerk and | ||||||
17 | the Secretary of State. Failure to
forward the reports of | ||||||
18 | conviction or sentencing hearing under the Juvenile
Court | ||||||
19 | Act of 1987 as required by this Section shall be
deemed an | ||||||
20 | omission of duty and it shall be the duty of the several | ||||||
21 | State's
Attorneys to enforce the requirements of this | ||||||
22 | Section.
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23 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
24 | court, as a
result of confiscation by a police officer pursuant | ||||||
25 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
26 | the clerk, or judge, if the court
has no clerk, to forward such |
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1 | restricted driving permit and a facsimile of
the officer's | ||||||
2 | citation to the Secretary of State as expeditiously as
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3 | practicable.
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4 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
5 | collateral
deposited to secure a defendant's appearance in | ||||||
6 | court when forfeiture
has not been vacated, or the failure of a | ||||||
7 | defendant to appear for trial
after depositing his driver's | ||||||
8 | license in lieu of other bail, shall be
equivalent to a | ||||||
9 | conviction.
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10 | (d) For the purpose of providing the Secretary of State | ||||||
11 | with records
necessary to properly monitor and assess driver | ||||||
12 | performance and assist the
courts in the proper disposition of | ||||||
13 | repeat traffic law offenders, the clerk
of the court shall | ||||||
14 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
15 | Secretary, records of a driver's participation in a driver | ||||||
16 | remedial
or rehabilitative program which was required, through | ||||||
17 | a court order or court
supervision, in relation to the driver's | ||||||
18 | arrest for a violation of Section
11-501 of this Code or a | ||||||
19 | similar provision of a local ordinance.
The clerk of the court | ||||||
20 | shall also forward to the Secretary, either on
paper or in an | ||||||
21 | electronic format or a computer processible medium as required
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22 | under paragraph (5) of subsection (a) of this Section, any | ||||||
23 | disposition
of court supervision for any traffic violation,
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24 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
25 | (a) of this Section.
These reports
shall be sent immediately | ||||||
26 | within 5
days after disposition, or, if
the driver is
referred |
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1 | to a driver
remedial or rehabilitative program, within 5 days | ||||||
2 | of the driver's referral
to that program.
These reports | ||||||
3 | received by the Secretary of State, including those required to
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4 | be forwarded under paragraph (a)(4), shall be privileged | ||||||
5 | information, available
only (i) to the affected driver, (ii) to | ||||||
6 | the parent or guardian of a person under the age of 18 years | ||||||
7 | holding an instruction permit or a graduated driver's license, | ||||||
8 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
9 | authorities, the Secretary of State, and the driver licensing | ||||||
10 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
11 | Part 384, all reports of court supervision, except violations | ||||||
12 | related to parking, shall be forwarded to the Secretary of | ||||||
13 | State for all holders of a CLP or CDL or any driver who commits | ||||||
14 | an offense while driving a commercial motor vehicle. These | ||||||
15 | reports shall be recorded to the driver's record as a | ||||||
16 | conviction for use in the disqualification of the driver's | ||||||
17 | commercial motor vehicle privileges and shall not be privileged | ||||||
18 | information.
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19 | (Source: P.A. 97-1150, eff. 1-25-13; 98-176 (see Section 10 of | ||||||
20 | P.A. 98-722 and Section 10 of P.A. 99-414 for the effective | ||||||
21 | date of changes made by P.A. 98-176).)
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