Sen. Debbie DeFrancesco Halvorson
Filed: 4/27/2004
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1 | AMENDMENT TO HOUSE BILL 4403
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2 | AMENDMENT NO. ______. Amend House Bill 4403 on page 1, line | ||||||
3 | 5, by replacing "and 6-208" with "6-208, and 6-306.6"; and | ||||||
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5 | on page 23, below line 3, by inserting the following:
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6 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
7 | changing Section 6-306.6 as follows:
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8 | (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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9 | Sec. 6-306.6. Failure to pay traffic fines, penalties, or
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10 | and court costs.
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11 | (a) Whenever any resident of this State fails to pay any | ||||||
12 | traffic fine,
penalty,
or
and cost imposed for a violation of | ||||||
13 | this Code, or similar provision of
local ordinance, the clerk | ||||||
14 | may notify the Secretary of State, on
a report
prescribed by | ||||||
15 | the Secretary, and the Secretary shall prohibit the renewal,
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16 | reissue or reinstatement of such resident's driving privileges | ||||||
17 | until such
fine, penalty, or
and cost has
have been paid in | ||||||
18 | full. The clerk
shall provide notice to
the driver, at the | ||||||
19 | driver's last known address as shown on the court's
records, | ||||||
20 | stating that such action
will be effective on the 46th day | ||||||
21 | following the date of the above notice if
payment is not | ||||||
22 | received in full by the court of venue.
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23 | (a-1) Whenever any resident of this State who has made a | ||||||
24 | partial payment on any traffic fine, penalty, or cost that was |
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1 | imposed under a conviction entered on or after the effective | ||||||
2 | date of this amendatory Act of the 93rd General Assembly, for a | ||||||
3 | violation of this Code or a similar provision of a local | ||||||
4 | ordinance, fails to pay the remainder of the outstanding fine, | ||||||
5 | penalty, or cost within the time limit set by the court, the | ||||||
6 | clerk may notify the Secretary of State, on a report prescribed | ||||||
7 | by the Secretary, and the Secretary shall prohibit the renewal, | ||||||
8 | reissue, or reinstatement of the resident's driving privileges | ||||||
9 | until the fine, penalty, or cost has been paid in full. The | ||||||
10 | clerk shall provide notice to the driver, at the driver's last | ||||||
11 | known address as shown on the court's records, stating that the | ||||||
12 | action will be effective on the 46th day following the date of | ||||||
13 | the notice if payment is not received in full by the court of | ||||||
14 | venue.
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15 | (b) Following receipt of the report from the clerk, the
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16 | Secretary of
State shall make the proper notation to the | ||||||
17 | driver's file to prohibit the
renewal, reissue or reinstatement | ||||||
18 | of such driver's driving privileges.
Except as provided in | ||||||
19 | paragraph (2) of subsection (d) of this Section, such
notation | ||||||
20 | shall not be removed from the driver's record until the
driver | ||||||
21 | satisfies the outstanding fine, penalty, or
and cost and an
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22 | appropriate notice on
a form prescribed by the Secretary is | ||||||
23 | received by the Secretary from the
court of venue, stating that | ||||||
24 | such fine, penalty, or
and cost has been paid
in full.
Upon | ||||||
25 | payment in full of a traffic fine, penalty, or
and court cost | ||||||
26 | which has
previously been reported under this Section as | ||||||
27 | unpaid, the clerk of the
court shall present the driver with a | ||||||
28 | signed receipt containing the seal of
the court indicating that | ||||||
29 | such fine, penalty, or
and cost has
have been paid in
full, and
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30 | shall forward forthwith to the Secretary of State a notice | ||||||
31 | stating that the
fine, penalty, or
and cost has
have been paid | ||||||
32 | in full.
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33 | (c) The provisions of this Section shall be limited to a | ||||||
34 | single action
per arrest and as a post conviction measure only. |
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1 | Fines, penalty, or
and
costs to be
collected subsequent to | ||||||
2 | orders of court supervision, or other available
court | ||||||
3 | diversions are not applicable to this Section. A driver making | ||||||
4 | a
partial payment of any outstanding fine, penalty, and cost is | ||||||
5 | not a
sufficient basis
for the clerk to notify the Secretary | ||||||
6 | for any subsequent action
pursuant to
this Section.
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7 | (d) (1) Notwithstanding the receipt of a report from the | ||||||
8 | clerk
as
prescribed in subsection (a), nothing in this Section | ||||||
9 | is intended to place
any responsibility upon the Secretary of | ||||||
10 | State to provide independent
notice to the driver of any | ||||||
11 | potential action to disallow the renewal,
reissue or | ||||||
12 | reinstatement of such driver's driving privileges.
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13 | (2) The Secretary of State shall renew, reissue or | ||||||
14 | reinstate a
driver's driving privileges which were previously | ||||||
15 | refused pursuant to this
Section upon presentation of an | ||||||
16 | original receipt which is signed by the
clerk of the court and | ||||||
17 | contains the seal of the court indicating that the
fine, | ||||||
18 | penalty, or
and cost has
have been paid in full. The Secretary | ||||||
19 | of State
shall retain
such receipt for his records.
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20 | (Source: P.A. 89-71, eff. 1-1-96 .)".
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