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Sen. Debbie DeFrancesco Halvorson
Filed: 4/27/2004
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09300HB4403sam001 |
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LRB093 15068 DRH 50127 a |
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| AMENDMENT TO HOUSE BILL 4403
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| AMENDMENT NO. ______. Amend House Bill 4403 on page 1, line |
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| 5, by replacing "and 6-208" with "6-208, and 6-306.6"; and |
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| on page 23, below line 3, by inserting the following:
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| "Section 5. The Illinois Vehicle Code is amended by |
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| changing Section 6-306.6 as follows:
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| (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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| Sec. 6-306.6. Failure to pay traffic fines, penalties, or
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| and court costs.
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| (a) Whenever any resident of this State fails to pay any |
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| traffic fine,
penalty,
or
and cost imposed for a violation of |
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| this Code, or similar provision of
local ordinance, the clerk |
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| may notify the Secretary of State, on
a report
prescribed by |
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| the Secretary, and the Secretary shall prohibit the renewal,
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| reissue or reinstatement of such resident's driving privileges |
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| until such
fine, penalty, or
and cost has
have been paid in |
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| full. The clerk
shall provide notice to
the driver, at the |
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| driver's last known address as shown on the court's
records, |
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| stating that such action
will be effective on the 46th day |
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| following the date of the above notice if
payment is not |
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| received in full by the court of venue.
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| (a-1) Whenever any resident of this State who has made a |
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| partial payment on any traffic fine, penalty, or cost that was |
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09300HB4403sam001 |
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LRB093 15068 DRH 50127 a |
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| imposed under a conviction entered on or after the effective |
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| date of this amendatory Act of the 93rd General Assembly, for a |
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| violation of this Code or a similar provision of a local |
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| ordinance, fails to pay the remainder of the outstanding fine, |
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| penalty, or cost within the time limit set by the court, the |
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| clerk may notify the Secretary of State, on a report prescribed |
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| by the Secretary, and the Secretary shall prohibit the renewal, |
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| reissue, or reinstatement of the resident's driving privileges |
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| until the fine, penalty, or cost has been paid in full. The |
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| clerk shall provide notice to the driver, at the driver's last |
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| known address as shown on the court's records, stating that the |
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| action will be effective on the 46th day following the date of |
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| the notice if payment is not received in full by the court of |
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| venue.
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| (b) Following receipt of the report from the clerk, the
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| Secretary of
State shall make the proper notation to the |
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| driver's file to prohibit the
renewal, reissue or reinstatement |
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| of such driver's driving privileges.
Except as provided in |
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| paragraph (2) of subsection (d) of this Section, such
notation |
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| shall not be removed from the driver's record until the
driver |
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| satisfies the outstanding fine, penalty, or
and cost and an
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| appropriate notice on
a form prescribed by the Secretary is |
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| received by the Secretary from the
court of venue, stating that |
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| such fine, penalty, or
and cost has been paid
in full.
Upon |
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| payment in full of a traffic fine, penalty, or
and court cost |
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| which has
previously been reported under this Section as |
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| unpaid, the clerk of the
court shall present the driver with a |
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| signed receipt containing the seal of
the court indicating that |
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| such fine, penalty, or
and cost has
have been paid in
full, and
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| shall forward forthwith to the Secretary of State a notice |
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| stating that the
fine, penalty, or
and cost has
have been paid |
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| in full.
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| (c) The provisions of this Section shall be limited to a |
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| single action
per arrest and as a post conviction measure only. |
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LRB093 15068 DRH 50127 a |
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| Fines, penalty, or
and
costs to be
collected subsequent to |
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| orders of court supervision, or other available
court |
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| diversions are not applicable to this Section. A driver making |
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| a
partial payment of any outstanding fine, penalty, and cost is |
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| not a
sufficient basis
for the clerk to notify the Secretary |
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| for any subsequent action
pursuant to
this Section.
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| (d) (1) Notwithstanding the receipt of a report from the |
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| clerk
as
prescribed in subsection (a), nothing in this Section |
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| is intended to place
any responsibility upon the Secretary of |
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| State to provide independent
notice to the driver of any |
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| potential action to disallow the renewal,
reissue or |
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| reinstatement of such driver's driving privileges.
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| (2) The Secretary of State shall renew, reissue or |
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| reinstate a
driver's driving privileges which were previously |
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| refused pursuant to this
Section upon presentation of an |
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| original receipt which is signed by the
clerk of the court and |
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| contains the seal of the court indicating that the
fine, |
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| penalty, or
and cost has
have been paid in full. The Secretary |
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| of State
shall retain
such receipt for his records.
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| (Source: P.A. 89-71, eff. 1-1-96.)".
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