93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4539


 
Introduced 02/03/04, by Cynthia Soto
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 5/6-306.6
  from Ch. 95 1/2, par. 6-306.6







    Amends the Illinois Vehicle Code. Provides that the clerk of the circuit court shall notify the Secretary of State if any resident of this State makes only a partial payment of any traffic, fine, penalty, and cost imposed for a violation of the Code. Deletes language providing that a partial payment is not a sufficient basis for notification of the Secretary.



















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A BILL FOR









 














HB4539

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    AN ACT concerning vehicles.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Illinois Vehicle Code is amended  by changing 
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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, and 
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court costs. 

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    (a) Whenever any resident of this State fails to pay any 
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traffic fine,
penalty,
and cost imposed for a violation of this 
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Code, or similar provision of
local ordinance, the clerk may 
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notify the Secretary of State, on
a report
prescribed by the 
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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, and cost have 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 
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such action
will be effective on the 46th day following the 
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date of the above notice if
payment is not received in full by 
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the court of 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, 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, and cost has been paid
in full.
Upon 
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payment in full of a traffic fine, penalty, and court cost 
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which has
previously been reported under this Section as 
 


 









HB4539
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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, and cost have been paid in
full, and
shall 
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forward forthwith to the Secretary of State a notice stating 
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that the
fine, penalty, and cost have been paid 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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Fines, penalty, and
costs to be
collected subsequent to orders 
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of court supervision, or other available
court diversions are 
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not applicable to this Section.  Whenever any resident of this 
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State fails, after making a partial payment on  any traffic 
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fine, penalty, and cost imposed for a violation of this Code or 
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a similar provision of a local ordinance, to pay the remainder 
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of the outstanding fine, penalty, and cost, the clerk shall 
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notify the Secretary of State as provided in subsection (a) of 
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this Section.
A driver making a
partial payment of any 
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outstanding fine, penalty, and cost is not a
sufficient basis

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for the clerk to notify the Secretary for any subsequent action

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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, and cost have been paid in full.  The Secretary of 
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State
shall retain
such receipt for his records.

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(Source: P.A. 89-71, eff. 1-1-96.)