Bill Text: IL HB2611 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Illinois Vehicle Code. Provides that public officials shall report to the Secretary of State when an individual has been adjudicated under the Juvenile Court Act or the Juvenile Court Act of 1987 and has committed a violation of a provision in the Snowmobile Registration and Safety Act or 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. Provides that public officials shall forward a report on any disposition of court supervision for an individual's violation of a provision in the Snowmobile Registration and Safety Act or 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. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2017-05-19 - Passed Both Houses [HB2611 Detail]

Download: Illinois-2017-HB2611-Enrolled.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 6-204 as follows:
6 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
7 Sec. 6-204. When Court to forward license and reports.
8 (a) For the purpose of providing to the Secretary of State
9the records essential to the performance of the Secretary's
10duties under this Code to cancel, revoke or suspend the
11driver's license and privilege to drive motor vehicles of
12certain minors adjudicated truant minors in need of
13supervision, addicted, or delinquent and of persons found
14guilty of the criminal offenses or traffic violations which
15this Code recognizes as evidence relating to unfitness to
16safely operate motor vehicles, the following duties are imposed
17upon public officials:
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.
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
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
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
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
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
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
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
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.
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
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, or Section 5-7 of the Snowmobile
3 Registration and Safety Act or Section 5-16 of the Boat
4 Registration and Safety Act, relating to the offense of
5 operating a snowmobile or a watercraft while under the
6 influence of alcohol, other drug or drugs, intoxicating
7 compound or compounds, or combination thereof. These
8 reporting requirements also apply to individuals
9 adjudicated under the Juvenile Court Act of 1987 based on
10 any offense determined to have been committed in
11 furtherance of the criminal activities of an organized
12 gang, as provided in Section 5-710 of that Act, and that
13 involved the operation or use of a motor vehicle or the use
14 of a driver's license or permit. The reporting requirements
15 of this subsection shall also apply to a truant minor in
16 need of supervision, an addicted minor, or a delinquent
17 minor and whose driver's license and privilege to drive a
18 motor vehicle has been ordered suspended for such times as
19 determined by the Court, but only until he or she attains
20 18 years of age. It shall be the duty of the clerk of the
21 court in which adjudication is had within 5 days thereafter
22 to forward to the Secretary of State a report of the
23 adjudication and the court order requiring the Secretary of
24 State to suspend the minor's driver's license and driving
25 privilege for such time as determined by the Court, but
26 only until he or she attains the age of 18 years. All

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1 juvenile court dispositions reported to the Secretary of
2 State under this provision shall be processed by the
3 Secretary of State as if the cases had been adjudicated in
4 traffic or criminal court. However, information reported
5 relative to the offense of reckless homicide, or Section
6 11-501 of this Code, or a similar provision of a local
7 ordinance, shall be privileged and available only to the
8 Secretary of State, courts, and police officers.
9 The reporting requirements of this subsection (a)
10 apply to all violations listed in paragraphs (1) and (2) of
11 this subsection (a), excluding parking violations, when
12 the driver holds a CLP or CDL, regardless of the type of
13 vehicle in which the violation occurred, or when any driver
14 committed the violation in a commercial motor vehicle as
15 defined in Section 6-500 of this Code.
16 (3) Whenever an order is entered vacating the
17 forfeiture of any bail, security or bond given to secure
18 appearance for any offense under this Code or similar
19 offenses under municipal ordinance, it shall be the duty of
20 the clerk of the court in which such vacation was had or
21 the judge of such court if such court has no clerk, within
22 5 days thereafter to forward to the Secretary of State a
23 report of the vacation.
24 (4) A report of any disposition of court supervision
25 for a violation of Sections 6-303, 11-401, 11-501 or a
26 similar provision of a local ordinance, 11-503, 11-504, and

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1 11-506 of this Code, Section 5-7 of the Snowmobile
2 Registration and Safety Act, and Section 5-16 of the Boat
3 Registration and Safety Act shall be forwarded to the
4 Secretary of State. A report of any disposition of court
5 supervision for a violation of an offense defined as a
6 serious traffic violation in this Code or a similar
7 provision of a local ordinance committed by a person under
8 the age of 21 years shall be forwarded to the Secretary of
9 State.
10 (5) Reports of conviction under this Code and
11 sentencing hearings under the Juvenile Court Act of 1987 in
12 an electronic format or a computer processible medium shall
13 be forwarded to the Secretary of State via the Supreme
14 Court in the form and format required by the Illinois
15 Supreme Court and established by a written agreement
16 between the Supreme Court and the Secretary of State. In
17 counties with a population over 300,000, instead of
18 forwarding reports to the Supreme Court, reports of
19 conviction under this Code and sentencing hearings under
20 the Juvenile Court Act of 1987 in an electronic format or a
21 computer processible medium may be forwarded to the
22 Secretary of State by the Circuit Court Clerk in a form and
23 format required by the Secretary of State and established
24 by written agreement between the Circuit Court Clerk and
25 the Secretary of State. Failure to forward the reports of
26 conviction or sentencing hearing under the Juvenile Court

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1 Act of 1987 as required by this Section shall be deemed an
2 omission of duty and it shall be the duty of the several
3 State's Attorneys to enforce the requirements of this
4 Section.
5 (b) Whenever a restricted driving permit is forwarded to a
6court, as a result of confiscation by a police officer pursuant
7to the authority in Section 6-113(f), it shall be the duty of
8the clerk, or judge, if the court has no clerk, to forward such
9restricted driving permit and a facsimile of the officer's
10citation to the Secretary of State as expeditiously as
11practicable.
12 (c) For the purposes of this Code, a forfeiture of bail or
13collateral deposited to secure a defendant's appearance in
14court when forfeiture has not been vacated, or the failure of a
15defendant to appear for trial after depositing his driver's
16license in lieu of other bail, shall be equivalent to a
17conviction.
18 (d) For the purpose of providing the Secretary of State
19with records necessary to properly monitor and assess driver
20performance and assist the courts in the proper disposition of
21repeat traffic law offenders, the clerk of the court shall
22forward to the Secretary of State, on a form prescribed by the
23Secretary, records of a driver's participation in a driver
24remedial or rehabilitative program which was required, through
25a court order or court supervision, in relation to the driver's
26arrest for a violation of Section 11-501 of this Code or a

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1similar provision of a local ordinance. The clerk of the court
2shall also forward to the Secretary, either on paper or in an
3electronic format or a computer processible medium as required
4under paragraph (5) of subsection (a) of this Section, any
5disposition of court supervision for any traffic violation,
6excluding those offenses listed in paragraph (2) of subsection
7(a) of this Section. These reports shall be sent within 5 days
8after disposition, or, if the driver is referred to a driver
9remedial or rehabilitative program, within 5 days of the
10driver's referral to that program. These reports received by
11the Secretary of State, including those required to be
12forwarded under paragraph (a)(4), shall be privileged
13information, available only (i) to the affected driver, (ii) to
14the parent or guardian of a person under the age of 18 years
15holding an instruction permit or a graduated driver's license,
16and (iii) for use by the courts, police officers, prosecuting
17authorities, the Secretary of State, and the driver licensing
18administrator of any other state. In accordance with 49 C.F.R.
19Part 384, all reports of court supervision, except violations
20related to parking, shall be forwarded to the Secretary of
21State for all holders of a CLP or CDL or any driver who commits
22an offense while driving a commercial motor vehicle. These
23reports shall be recorded to the driver's record as a
24conviction for use in the disqualification of the driver's
25commercial motor vehicle privileges and shall not be privileged
26information.

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1(Source: P.A. 97-1150, eff. 1-25-13; 98-176 (see Section 10 of
2P.A. 98-722 and Section 10 of P.A. 99-414 for the effective
3date of changes made by P.A. 98-176).)
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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