Full Text of HB4403 93rd General Assembly
HB4403sam001 93RD GENERAL ASSEMBLY
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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 | 3 |
| 5, by replacing "and 6-208" with "6-208, and 6-306.6"; and | 4 |
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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 | 7 |
| 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 | 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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| 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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| (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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LRB093 15068 DRH 50127 a |
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| 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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| (b) Following receipt of the report from the clerk, the
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| 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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| 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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| 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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| (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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LRB093 15068 DRH 50127 a |
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| 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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| (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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| (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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| (Source: P.A. 89-71, eff. 1-1-96 .)".
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