102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3635

 

Introduced 1/19/2022, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/6-115  from Ch. 95 1/2, par. 6-115
625 ILCS 5/6-308
730 ILCS 5/5-9-3  from Ch. 38, par. 1005-9-3

    Amends the Illinois Vehicle Code. Deletes provision that the Secretary of State may decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under the Code and is not paid upon reasonable notice and demand. Provides that whenever a person fails to appear in court and the court continues the case, the clerk of the court shall also send notice of the continued court date to the person's email address and shall send a text message to the person's last known cellular telephone number. Provides that if the person does not have a cellular telephone number, the clerk of the court shall telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes provisions that if the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. Amends the Unified Code of Corrections. Deletes provisions that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest. Effective immediately.


LRB102 24994 RLC 34250 b

 

 

A BILL FOR

 

SB3635LRB102 24994 RLC 34250 b

1    AN ACT concerning courts.
 
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
5changing Sections 6-115 and 6-308 as follows:
 
6    (625 ILCS 5/6-115)  (from Ch. 95 1/2, par. 6-115)
7    Sec. 6-115. Expiration of driver's license.
8    (a) Except as provided elsewhere in this Section, every
9driver's license issued under the provisions of this Code
10shall expire 4 years from the date of its issuance, or at such
11later date, as the Secretary of State may by proper rule and
12regulation designate, not to exceed 12 calendar months; in the
13event that an applicant for renewal of a driver's license
14fails to apply prior to the expiration date of the previous
15driver's license, the renewal driver's license shall expire 4
16years from the expiration date of the previous driver's
17license, or at such later date as the Secretary of State may by
18proper rule and regulation designate, not to exceed 12
19calendar months.
20    The Secretary of State may, however, issue to a person not
21previously licensed as a driver in Illinois a driver's license
22which will expire not less than 4 years nor more than 5 years
23from date of issuance, except as provided elsewhere in this

 

 

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1Section.
2    (a-5) Every driver's license issued under this Code to an
3applicant who is not a United States citizen or permanent
4resident, or an individual who has an approved application for
5asylum in the United States or has entered the United States in
6refugee status, shall expire on whichever is the earlier date
7of the following:
8        (1) as provided under subsection (a), (f), (g), or (i)
9    of this Section;
10        (2) on the date the applicant's authorized stay in the
11    United States terminates; or
12        (3) if the applicant's authorized stay is indefinite
13    and the applicant is applying for a Limited Term REAL ID
14    compliant driver's license, one year from the date of
15    issuance of the license.
16    (a-10) Every REAL ID compliant driver's license issued
17under this Code to an applicant who is not a United States
18citizen or permanent resident, or an individual who has an
19approved application for asylum in the United States or has
20entered the United States in refugee status, shall be marked
21"Limited Term".
22    (b) Before the expiration of a driver's license, except
23those licenses expiring on the individual's 21st birthday, or
243 months after the individual's 21st birthday, the holder
25thereof may apply for a renewal thereof, subject to all the
26provisions of Section 6-103, and the Secretary of State may

 

 

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1require an examination of the applicant. A licensee whose
2driver's license expires on his 21st birthday, or 3 months
3after his 21st birthday, may not apply for a renewal of his
4driving privileges until he reaches the age of 21.
5    (c) The Secretary of State shall, 30 days prior to the
6expiration of a driver's license, forward to each person whose
7license is to expire a notification of the expiration of said
8license which may be presented at the time of renewal of said
9license.
10    There may be included with such notification information
11explaining the anatomical gift and Emergency Medical
12Information Card provisions of Section 6-110. The format and
13text of such information shall be prescribed by the Secretary.
14    There shall be included with such notification, for a
15period of 4 years beginning January 1, 2000 information
16regarding the Illinois Adoption Registry and Medical
17Information Exchange established in Section 18.1 of the
18Adoption Act.
19    (d) The Secretary may defer the expiration of the driver's
20license of a licensee, spouse, and dependent children who are
21living with such licensee while on active duty, serving in the
22Armed Forces of the United States outside of the State of
23Illinois, and 120 days thereafter, upon such terms and
24conditions as the Secretary may prescribe.
25    (d-5) The Secretary may defer the expiration of the
26driver's license of a licensee, or of a spouse or dependent

 

 

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1children living with the licensee, serving as a civilian
2employee of the United States Armed Forces or the United
3States Department of Defense, outside of the State of
4Illinois, and 120 days thereafter, upon such terms and
5conditions as the Secretary may prescribe.
6    (e) (Blank). The Secretary of State may decline to process
7a renewal of a driver's license of any person who has not paid
8any fee or tax due under this Code and is not paid upon
9reasonable notice and demand.
10    (f) The Secretary shall provide that each original or
11renewal driver's license issued to a licensee under 21 years
12of age shall expire 3 months after the licensee's 21st
13birthday. Persons whose current driver's licenses expire on
14their 21st birthday on or after January 1, 1986 shall not renew
15their driver's license before their 21st birthday, and their
16current driver's license will be extended for an additional
17term of 3 months beyond their 21st birthday. Thereafter, the
18expiration and term of the driver's license shall be governed
19by subsection (a) hereof.
20    (g) The Secretary shall provide that each original or
21renewal driver's license issued to a licensee 81 years of age
22through age 86 shall expire 2 years from the date of issuance,
23or at such later date as the Secretary may by rule and
24regulation designate, not to exceed an additional 12 calendar
25months. The Secretary shall also provide that each original or
26renewal driver's license issued to a licensee 87 years of age

 

 

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1or older shall expire 12 months from the date of issuance, or
2at such later date as the Secretary may by rule and regulation
3designate, not to exceed an additional 12 calendar months.
4    (h) The Secretary of State shall provide that each special
5restricted driver's license issued under subsection (g) of
6Section 6-113 of this Code shall expire 12 months from the date
7of issuance. The Secretary shall adopt rules defining renewal
8requirements.
9    (i) The Secretary of State shall provide that each
10driver's license issued to a person convicted of a sex offense
11as defined in Section 2 of the Sex Offender Registration Act
12shall expire 12 months from the date of issuance or at such
13date as the Secretary may by rule designate, not to exceed an
14additional 12 calendar months. The Secretary may adopt rules
15defining renewal requirements.
16(Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
 
17    (625 ILCS 5/6-308)
18    (Text of Section before amendment by P.A. 101-652)
19    Sec. 6-308. Procedures for traffic violations.
20    (a) Any person cited for violating this Code or a similar
21provision of a local ordinance for which a violation is a petty
22offense as defined by Section 5-1-17 of the Unified Code of
23Corrections, excluding business offenses as defined by Section
245-1-2 of the Unified Code of Corrections or a violation of
25Section 15-111 or subsection (d) of Section 3-401 of this

 

 

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1Code, shall not be required to sign the citation or post bond
2to secure bail for his or her release. All other provisions of
3this Code or similar provisions of local ordinances shall be
4governed by the bail provisions of the Illinois Supreme Court
5Rules when it is not practical or feasible to take the person
6before a judge to have bail set or to avoid undue delay because
7of the hour or circumstances.
8    (b) Whenever a person fails to appear in court, the court
9may continue the case for a minimum of 30 days and the clerk of
10the court shall send notice of the continued court date to the
11person's last known address and email address and shall send a
12text message to the person's last known cellular telephone
13number. If the person does not have a cellular telephone
14number, the clerk of the court shall telephone the person
15regarding the continued court date at the person's last known
16non-cellular telephone number. If the person does not appear
17in court on or before the continued court date or satisfy the
18court that the person's appearance in and surrender to the
19court is impossible for no fault of the person, the court shall
20enter an order of failure to appear. The clerk of the court
21shall notify the Secretary of State, on a report prescribed by
22the Secretary, of the court's order. The Secretary, when
23notified by the clerk of the court that an order of failure to
24appear has been entered, shall immediately suspend the
25person's driver's license, which shall be designated by the
26Secretary as a Failure to Appear suspension. The Secretary

 

 

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1shall not remove the suspension, nor issue any permit or
2privileges to the person whose license has been suspended,
3until notified by the ordering court that the person has
4appeared and resolved the violation. Upon compliance, the
5clerk of the court shall present the person with a notice of
6compliance containing the seal of the court, and shall notify
7the Secretary that the person has appeared and resolved the
8violation.
9    (c) Illinois Supreme Court Rules shall govern bail and
10appearance procedures when a person who is a resident of
11another state that is not a member of the Nonresident Violator
12Compact of 1977 is cited for violating this Code or a similar
13provision of a local ordinance.
14(Source: P.A. 100-674, eff. 1-1-19.)
 
15    (Text of Section after amendment by P.A. 101-652)
16    Sec. 6-308. Procedures for traffic violations.
17    (a) Any person cited for violating this Code or a similar
18provision of a local ordinance for which a violation is a petty
19offense as defined by Section 5-1-17 of the Unified Code of
20Corrections, excluding business offenses as defined by Section
215-1-2 of the Unified Code of Corrections or a violation of
22Section 15-111 or subsection (d) of Section 3-401 of this
23Code, shall not be required to sign the citation for his or her
24release. All other provisions of this Code or similar
25provisions of local ordinances shall be governed by the

 

 

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1pretrial release provisions of the Illinois Supreme Court
2Rules when it is not practical or feasible to take the person
3before a judge to have conditions of pretrial release set or to
4avoid undue delay because of the hour or circumstances.
5    (b) Whenever a person fails to appear in court, the court
6may continue the case for a minimum of 30 days and the clerk of
7the court shall send notice of the continued court date to the
8person's last known address and email address and shall send a
9text message to the person's last known cellular telephone
10number. If the person does not have a cellular telephone
11number, the clerk of the court shall telephone the person
12regarding the continued court date at the person's last known
13non-cellular telephone number. If the person does not appear
14in court on or before the continued court date or satisfy the
15court that the person's appearance in and surrender to the
16court is impossible for no fault of the person, the court shall
17enter an order of failure to appear. The clerk of the court
18shall notify the Secretary of State, on a report prescribed by
19the Secretary, of the court's order. The Secretary, when
20notified by the clerk of the court that an order of failure to
21appear has been entered, shall immediately suspend the
22person's driver's license, which shall be designated by the
23Secretary as a Failure to Appear suspension. The Secretary
24shall not remove the suspension, nor issue any permit or
25privileges to the person whose license has been suspended,
26until notified by the ordering court that the person has

 

 

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1appeared and resolved the violation. Upon compliance, the
2clerk of the court shall present the person with a notice of
3compliance containing the seal of the court, and shall notify
4the Secretary that the person has appeared and resolved the
5violation.
6    (c) Illinois Supreme Court Rules shall govern pretrial
7release and appearance procedures when a person who is a
8resident of another state that is not a member of the
9Nonresident Violator Compact of 1977 is cited for violating
10this Code or a similar provision of a local ordinance.
11(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
 
12    Section 10. The Unified Code of Corrections is amended by
13changing Section 5-9-3 as follows:
 
14    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
15    Sec. 5-9-3. Default.
16    (a) (Blank). An offender who defaults in the payment of a
17fine or any installment of that fine may be held in contempt
18and imprisoned for nonpayment. The court may issue a summons
19for his appearance or a warrant of arrest.
20    (b) (Blank). Unless the offender shows that his default
21was not due to his intentional refusal to pay, or not due to a
22failure on his part to make a good faith effort to pay, the
23court may order the offender imprisoned for a term not to
24exceed 6 months if the fine was for a felony, or 30 days if the

 

 

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1fine was for a misdemeanor, a petty offense or a business
2offense. Payment of the fine at any time will entitle the
3offender to be released, but imprisonment under this Section
4shall not satisfy the payment of the fine.
5    (c) (Blank). If it appears that the default in the payment
6of a fine is not intentional under paragraph (b) of this
7Section, the court may enter an order allowing the offender
8additional time for payment, reducing the amount of the fine
9or of each installment, or revoking the fine or the unpaid
10portion.
11    (d) (Blank). When a fine is imposed on a corporation or
12unincorporated organization or association, it is the duty of
13the person or persons authorized to make disbursement of
14assets, and their superiors, to pay the fine from assets of the
15corporation or unincorporated organization or association. The
16failure of such persons to do so shall render them subject to
17proceedings under paragraphs (a) and (b) of this Section.
18    (e) A default in the payment of a fine, fee, cost, order of
19restitution, judgment of bond forfeiture, judgment order of
20forfeiture, or any installment thereof may be collected by any
21and all means authorized for the collection of money
22judgments. The State's Attorney of the county in which the
23fine, fee, cost, order of restitution, judgment of bond
24forfeiture, or judgment order of forfeiture was imposed may
25retain attorneys and private collection agents for the purpose
26of collecting any default in payment of any fine, fee, cost,

 

 

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1order of restitution, judgment of bond forfeiture, judgment
2order of forfeiture, or installment thereof. An additional fee
3of 30% of the delinquent amount and each taxable court cost
4including, without limitation, costs of service of process,
5shall be charged to the offender for any amount of the fine,
6fee, cost, restitution, or judgment of bond forfeiture or
7installment of the fine, fee, cost, restitution, or judgment
8of bond forfeiture that remains unpaid after the time fixed
9for payment of the fine, fee, cost, restitution, or judgment
10of bond forfeiture by the court. The additional fee shall be
11payable to the State's Attorney in order to compensate the
12State's Attorney for costs incurred in collecting the
13delinquent amount. The State's Attorney may enter into
14agreements assigning any portion of the fee to the retained
15attorneys or the private collection agent retained by the
16State's Attorney. Any agreement between the State's Attorney
17and the retained attorneys or collection agents shall require
18the approval of the Circuit Clerk of that county. A default in
19payment of a fine, fee, cost, restitution, or judgment of bond
20forfeiture shall draw interest at the rate of 9% per annum.
21(Source: P.A. 98-373, eff. 1-1-14.)
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

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1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.