Bill Text: IL HB5281 | 2025-2026 | 104th General Assembly | Engrossed
Bill Title: Amends the Illinois Vehicle Code. Provides that for the purpose of providing the Secretary of State with records necessary to impose a revocation, upon filing with the clerk of court, the clerk shall forward in a manner and form prescribed by the Secretary (i) a copy of a Uniform Citation and Complaint where the officer indicated a crash type of fatal, (ii) a copy of information or an indictment in which a person is charged with a violation of the Code that resulted in the death of another person, or (iii) a copy of information or an indictment in which a person is charged with reckless homicide. Allows the Secretary to adopt rules to implement the provisions. Provides that the Act may be referred to as the Protz-Liddy Act. Effective January 1, 2027.
Sponsorship: Slight Partisan Bill (Republican 5-3)
Status: (Engrossed - Dead) 2026-05-26 - Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee [HB5281 Detail]
Download: Illinois-2025-HB5281-Engrossed.html
| |||||||
| |||||||
| 1 | AN ACT concerning transportation. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 1. References to Act. This Act may be referred to | ||||||
| 5 | as the Protz-Liddy Act. | ||||||
| 6 | Section 5. The Illinois Vehicle Code is amended by | ||||||
| 7 | changing Section 6-204 as follows: | ||||||
| 8 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) | ||||||
| 9 | Sec. 6-204. When court to forward license and reports. | ||||||
| 10 | (a) For the purpose of providing to the Secretary of State | ||||||
| 11 | the records essential to the performance of the Secretary's | ||||||
| 12 | duties under this Code to cancel, revoke or suspend the | ||||||
| 13 | driver's license and privilege to drive motor vehicles of | ||||||
| 14 | certain minors and of persons found guilty of the criminal | ||||||
| 15 | offenses or traffic violations which this Code recognizes as | ||||||
| 16 | evidence relating to unfitness to safely operate motor | ||||||
| 17 | vehicles, the following duties are imposed upon public | ||||||
| 18 | officials: | ||||||
| 19 | (1) Whenever any person is convicted of any offense | ||||||
| 20 | for which this Code makes mandatory the cancellation or | ||||||
| 21 | revocation of the driver's license or permit of such | ||||||
| 22 | person by the Secretary of State, the judge of the court in | ||||||
| |||||||
| |||||||
| 1 | which such conviction is had shall require the surrender | ||||||
| 2 | to the clerk of the court of all driver's licenses or | ||||||
| 3 | permits then held by the person so convicted, and the | ||||||
| 4 | clerk of the court shall, within 5 days thereafter, | ||||||
| 5 | forward the same, together with a report of such | ||||||
| 6 | conviction, to the Secretary. | ||||||
| 7 | (2) Whenever any person is convicted of any offense | ||||||
| 8 | under this Code or similar offenses under a municipal | ||||||
| 9 | ordinance, other than regulations governing standing, | ||||||
| 10 | parking or weights of vehicles, and excepting the | ||||||
| 11 | following enumerated Sections of this Code: Sections | ||||||
| 12 | 11-1406 (obstruction to driver's view or control), 11-1407 | ||||||
| 13 | (improper opening of door into traffic), 11-1410 (coasting | ||||||
| 14 | on downgrade), 11-1411 (following fire apparatus), | ||||||
| 15 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving | ||||||
| 16 | vehicle which is in unsafe condition or improperly | ||||||
| 17 | equipped), 12-201(a) (daytime lights on motorcycles), | ||||||
| 18 | 12-202 (clearance, identification and side marker lamps), | ||||||
| 19 | 12-204 (lamp or flag on projecting load), 12-205 (failure | ||||||
| 20 | to display the safety lights required), 12-401 | ||||||
| 21 | (restrictions as to tire equipment), 12-502 (mirrors), | ||||||
| 22 | 12-503 (windshields must be unobstructed and equipped with | ||||||
| 23 | wipers), 12-601 (horns and warning devices), 12-602 | ||||||
| 24 | (mufflers, prevention of noise or smoke), 12-603 (seat | ||||||
| 25 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
| 26 | other warning devices), 12-703 (vehicles for oiling roads | ||||||
| |||||||
| |||||||
| 1 | operated on highways), 12-710 (splash guards and | ||||||
| 2 | replacements), 13-101 (safety tests), 15-101 (size, weight | ||||||
| 3 | and load), 15-102 (width), 15-103 (height), 15-104 (name | ||||||
| 4 | and address on second division vehicles), 15-107 (length | ||||||
| 5 | of vehicle), 15-109.1 (cover or tarpaulin), 15-111 | ||||||
| 6 | (weights), 15-112 (weights), 15-301 (weights), 15-316 | ||||||
| 7 | (weights), 15-318 (weights), and also excepting the | ||||||
| 8 | following enumerated Sections of the Chicago Municipal | ||||||
| 9 | Code: Sections 27-245 (following fire apparatus), 27-254 | ||||||
| 10 | (obstruction of traffic), 27-258 (driving vehicle which is | ||||||
| 11 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
| 12 | 27-264 (use of horns and signal devices), 27-265 | ||||||
| 13 | (obstruction to driver's view or driver mechanism), 27-267 | ||||||
| 14 | (dimming of headlights), 27-268 (unattended motor | ||||||
| 15 | vehicle), 27-272 (illegal funeral procession), 27-273 | ||||||
| 16 | (funeral procession on boulevard), 27-275 (driving freight | ||||||
| 17 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
| 18 | standing of buses or taxicabs), 27-277 (cruising of public | ||||||
| 19 | passenger vehicles), 27-305 (parallel parking), 27-306 | ||||||
| 20 | (diagonal parking), 27-307 (parking not to obstruct | ||||||
| 21 | traffic), 27-308 (stopping, standing or parking | ||||||
| 22 | regulated), 27-311 (parking regulations), 27-312 (parking | ||||||
| 23 | regulations), 27-313 (parking regulations), 27-314 | ||||||
| 24 | (parking regulations), 27-315 (parking regulations), | ||||||
| 25 | 27-316 (parking regulations), 27-317 (parking | ||||||
| 26 | regulations), 27-318 (parking regulations), 27-319 | ||||||
| |||||||
| |||||||
| 1 | (parking regulations), 27-320 (parking regulations), | ||||||
| 2 | 27-321 (parking regulations), 27-322 (parking | ||||||
| 3 | regulations), 27-324 (loading and unloading at an angle), | ||||||
| 4 | 27-333 (wheel and axle loads), 27-334 (load restrictions | ||||||
| 5 | in the downtown district), 27-335 (load restrictions in | ||||||
| 6 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
| 7 | (height of vehicles), 27-340 (length of vehicles), 27-352 | ||||||
| 8 | (reflectors on trailers), 27-353 (mufflers), 27-354 | ||||||
| 9 | (display of plates), 27-355 (display of city vehicle tax | ||||||
| 10 | sticker), 27-357 (identification of vehicles), 27-358 | ||||||
| 11 | (projecting of loads), and also excepting the following | ||||||
| 12 | enumerated paragraphs of Section 2-201 of the Rules and | ||||||
| 13 | Regulations of the Illinois State Toll Highway Authority: | ||||||
| 14 | (l) (driving unsafe vehicle on tollway), (m) (vehicles | ||||||
| 15 | transporting dangerous cargo not properly indicated), it | ||||||
| 16 | shall be the duty of the clerk of the court in which such | ||||||
| 17 | conviction is had within 5 days thereafter to forward to | ||||||
| 18 | the Secretary of State a report of the conviction and the | ||||||
| 19 | court may recommend the suspension of the driver's license | ||||||
| 20 | or permit of the person so convicted. | ||||||
| 21 | The reporting requirements of this subsection shall | ||||||
| 22 | apply to all violations stated in paragraphs (1) and (2) | ||||||
| 23 | of this subsection when the individual has been | ||||||
| 24 | adjudicated under the Juvenile Court Act or the Juvenile | ||||||
| 25 | Court Act of 1987. Such reporting requirements shall also | ||||||
| 26 | apply to individuals adjudicated under the Juvenile Court | ||||||
| |||||||
| |||||||
| 1 | Act or the Juvenile Court Act of 1987 who have committed a | ||||||
| 2 | violation of Section 11-501 of this Code, or similar | ||||||
| 3 | provision of a local ordinance, or Section 9-3 of the | ||||||
| 4 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 5 | relating to the offense of reckless homicide, or Section | ||||||
| 6 | 5-7 of the Snowmobile Registration and Safety Act or | ||||||
| 7 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
| 8 | relating to the offense of operating a snowmobile or a | ||||||
| 9 | watercraft while under the influence of alcohol, other | ||||||
| 10 | drug or drugs, intoxicating compound or compounds, or | ||||||
| 11 | combination thereof. These reporting requirements also | ||||||
| 12 | apply to individuals adjudicated under the Juvenile Court | ||||||
| 13 | Act of 1987 based on any offense determined to have been | ||||||
| 14 | committed in furtherance of the criminal activities of an | ||||||
| 15 | organized gang, as provided in Section 5-710 of that Act, | ||||||
| 16 | if those activities involved the operation or use of a | ||||||
| 17 | motor vehicle. It shall be the duty of the clerk of the | ||||||
| 18 | court in which adjudication is had within 5 days | ||||||
| 19 | thereafter to forward to the Secretary of State a report | ||||||
| 20 | of the adjudication and the court order requiring the | ||||||
| 21 | Secretary of State to suspend the minor's driver's license | ||||||
| 22 | and driving privilege for such time as determined by the | ||||||
| 23 | court, but only until he or she attains the age of 18 | ||||||
| 24 | years. All juvenile court dispositions reported to the | ||||||
| 25 | Secretary of State under this provision shall be processed | ||||||
| 26 | by the Secretary of State as if the cases had been | ||||||
| |||||||
| |||||||
| 1 | adjudicated in traffic or criminal court. However, | ||||||
| 2 | information reported relative to the offense of reckless | ||||||
| 3 | homicide, or Section 11-501 of this Code, or a similar | ||||||
| 4 | provision of a local ordinance, shall be privileged and | ||||||
| 5 | available only to the Secretary of State, courts, and | ||||||
| 6 | police officers. | ||||||
| 7 | The reporting requirements of this subsection (a) | ||||||
| 8 | apply to all violations listed in paragraphs (1) and (2) | ||||||
| 9 | of this subsection (a), excluding parking violations, when | ||||||
| 10 | the driver holds a CLP or CDL, regardless of the type of | ||||||
| 11 | vehicle in which the violation occurred, or when any | ||||||
| 12 | driver committed the violation in a commercial motor | ||||||
| 13 | vehicle as defined in Section 6-500 of this Code. | ||||||
| 14 | (3) Whenever an order is entered revoking pretrial | ||||||
| 15 | release given to secure appearance for any offense under | ||||||
| 16 | this Code or similar offenses under municipal ordinance, | ||||||
| 17 | it shall be the duty of the clerk of the court in which | ||||||
| 18 | such revocation was had or the judge of such court if such | ||||||
| 19 | court has no clerk, within 5 days thereafter to forward to | ||||||
| 20 | the Secretary of State a report of the revocation. | ||||||
| 21 | (4) A report of any disposition of court supervision | ||||||
| 22 | for a violation of Sections 6-303, 11-401, 11-501 or a | ||||||
| 23 | similar provision of a local ordinance, 11-503, 11-504, | ||||||
| 24 | and 11-506 of this Code, Section 5-7 of the Snowmobile | ||||||
| 25 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
| 26 | Registration and Safety Act shall be forwarded to the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State. A report of any disposition of court | ||||||
| 2 | supervision for a violation of an offense defined as a | ||||||
| 3 | serious traffic violation in this Code or a similar | ||||||
| 4 | provision of a local ordinance committed by a person under | ||||||
| 5 | the age of 21 years shall be forwarded to the Secretary of | ||||||
| 6 | State. | ||||||
| 7 | (5) Reports of conviction under this Code and | ||||||
| 8 | sentencing hearings under the Juvenile Court Act of 1987 | ||||||
| 9 | in an electronic format or a computer processible medium | ||||||
| 10 | shall be forwarded to the Secretary of State via the | ||||||
| 11 | Supreme Court in the form and format required by the | ||||||
| 12 | Illinois Supreme Court and established by a written | ||||||
| 13 | agreement between the Supreme Court and the Secretary of | ||||||
| 14 | State. In counties with a population over 300,000, instead | ||||||
| 15 | of forwarding reports to the Supreme Court, reports of | ||||||
| 16 | conviction under this Code and sentencing hearings under | ||||||
| 17 | the Juvenile Court Act of 1987 in an electronic format or a | ||||||
| 18 | computer processible medium may be forwarded to the | ||||||
| 19 | Secretary of State by the Circuit Court Clerk in a form and | ||||||
| 20 | format required by the Secretary of State and established | ||||||
| 21 | by written agreement between the Circuit Court Clerk and | ||||||
| 22 | the Secretary of State. Failure to forward the reports of | ||||||
| 23 | conviction or sentencing hearing under the Juvenile Court | ||||||
| 24 | Act of 1987 as required by this Section shall be deemed an | ||||||
| 25 | omission of duty and it shall be the duty of the several | ||||||
| 26 | State's Attorneys to enforce the requirements of this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
| 3 | court, as a result of confiscation by a police officer | ||||||
| 4 | pursuant to the authority in Section 6-113(f), it shall be the | ||||||
| 5 | duty of the clerk, or judge, if the court has no clerk, to | ||||||
| 6 | forward such restricted driving permit and a facsimile of the | ||||||
| 7 | officer's citation to the Secretary of State as expeditiously | ||||||
| 8 | as practicable. | ||||||
| 9 | (c) For the purposes of this Code, a revocation of | ||||||
| 10 | pretrial release that has not been vacated, or the failure of a | ||||||
| 11 | defendant to appear for trial after depositing his driver's | ||||||
| 12 | license, shall be equivalent to a conviction. | ||||||
| 13 | (d) For the purpose of providing the Secretary of State | ||||||
| 14 | with records necessary to properly monitor and assess driver | ||||||
| 15 | performance and assist the courts in the proper disposition of | ||||||
| 16 | repeat traffic law offenders, the clerk of the court shall | ||||||
| 17 | forward to the Secretary of State, on a form prescribed by the | ||||||
| 18 | Secretary, records of a driver's participation in a driver | ||||||
| 19 | remedial or rehabilitative program which was required, through | ||||||
| 20 | a court order or court supervision, in relation to the | ||||||
| 21 | driver's arrest for a violation of Section 11-501 of this Code | ||||||
| 22 | or a similar provision of a local ordinance. The clerk of the | ||||||
| 23 | court shall also forward to the Secretary, either on paper or | ||||||
| 24 | in an electronic format or a computer processible medium as | ||||||
| 25 | required under paragraph (5) of subsection (a) of this | ||||||
| 26 | Section, any disposition of court supervision for any traffic | ||||||
| |||||||
| |||||||
| 1 | violation, excluding those offenses listed in paragraph (2) of | ||||||
| 2 | subsection (a) of this Section. These reports shall be sent | ||||||
| 3 | within 5 days after disposition, or, if the driver is referred | ||||||
| 4 | to a driver remedial or rehabilitative program, within 5 days | ||||||
| 5 | of the driver's referral to that program. These reports | ||||||
| 6 | received by the Secretary of State, including those required | ||||||
| 7 | to be forwarded under paragraph (a)(4), shall be privileged | ||||||
| 8 | information, available only (i) to the affected driver, (ii) | ||||||
| 9 | to the parent or guardian of a person under the age of 18 years | ||||||
| 10 | holding an instruction permit or a graduated driver's license, | ||||||
| 11 | and (iii) for use by the courts, police officers, prosecuting | ||||||
| 12 | authorities, the Secretary of State, and the driver licensing | ||||||
| 13 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
| 14 | Part 384, all reports of court supervision, except violations | ||||||
| 15 | related to parking, shall be forwarded to the Secretary of | ||||||
| 16 | State for all holders of a CLP or CDL or any driver who commits | ||||||
| 17 | an offense while driving a commercial motor vehicle. These | ||||||
| 18 | reports shall be recorded to the driver's record as a | ||||||
| 19 | conviction for use in the disqualification of the driver's | ||||||
| 20 | commercial motor vehicle privileges and shall not be | ||||||
| 21 | privileged information. | ||||||
| 22 | (e) For the purpose of providing the Secretary of State | ||||||
| 23 | with records necessary to impose a revocation pursuant to | ||||||
| 24 | paragraph (1) of subsection (a) of Section 6-206, upon filing | ||||||
| 25 | with the clerk of court, the clerk shall forward in a manner | ||||||
| 26 | and form prescribed by the Secretary (i) a copy of a Uniform | ||||||
| |||||||
| |||||||
| 1 | Citation and Complaint where the officer indicated a crash | ||||||
| 2 | type of fatal, (ii) a copy of information or an indictment in | ||||||
| 3 | which a person is charged with a violation of this Code that | ||||||
| 4 | resulted in the death of another person, or (iii) a copy of | ||||||
| 5 | information or an indictment in which a person is charged with | ||||||
| 6 | reckless homicide in violation of Section 9-3 of the Criminal | ||||||
| 7 | Code of 2012. The Secretary shall adopt rules to implement | ||||||
| 8 | this subsection. | ||||||
| 9 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; | ||||||
| 10 | 102-1104, eff. 1-1-23.) | ||||||
| 11 | Section 99. Effective date. This Act takes effect January | ||||||
| 12 | 1, 2027. | ||||||
