Bill Text: IL HB1017 | 2023-2024 | 103rd 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1017 Detail]

Download: Illinois-2023-HB1017-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1017 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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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 and of persons found guilty of the criminal

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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,
if those activities involved the operation or use of a
motor vehicle. It shall be the duty of the clerk of the
court in which adjudication is had within 5 days

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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.
(3) Whenever an order is entered revoking pretrial
release 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 revocation was had or the judge of such court if such

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court has no clerk, within 5 days thereafter to forward to
the Secretary of State a report of the revocation.
(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 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

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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 revocation of
pretrial release that has not been vacated, or the failure of a
defendant to appear for trial after depositing his driver's
license, 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

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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,
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

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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. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
102-1104, eff. 1-1-23.)
(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
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)

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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 103rd 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
person under legal disability, by another person having
knowledge of the facts. The contents of the application and
the procedure for 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

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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;
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. The
clerk of court shall provide the application to a defendant
upon request.