Bill Text: IL HB1017 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that, upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert the amount due into court-approved public community service; or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date. Defines "minor traffic offense". Makes conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1017 Detail]
Download: Illinois-2023-HB1017-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Legislative intent. It is the intent of this | |||||||||||||||||||||||
5 | Act to provide economic relief to persons who need assistance | |||||||||||||||||||||||
6 | in paying off debts incurred due to minor traffic offense | |||||||||||||||||||||||
7 | tickets. The General Assembly recognizes that possessing a | |||||||||||||||||||||||
8 | driver's license in this State is a privilege; however, it | |||||||||||||||||||||||
9 | also recognizes that persons should not be deprived of the | |||||||||||||||||||||||
10 | opportunity to provide for themselves or their families | |||||||||||||||||||||||
11 | because of a suspended driver's license or increased debt from | |||||||||||||||||||||||
12 | failure to pay fines and costs on traffic violation tickets.
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13 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||||
14 | changing Sections 6-204 and 16-104e and by adding Section | |||||||||||||||||||||||
15 | 16-109 as follows:
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16 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
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17 | Sec. 6-204. When court to forward license and reports.
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18 | (a) For the purpose of providing to the Secretary of State | |||||||||||||||||||||||
19 | the records
essential to the performance of the Secretary's | |||||||||||||||||||||||
20 | duties under this Code to
cancel, revoke or suspend the | |||||||||||||||||||||||
21 | driver's license and privilege to drive motor
vehicles of | |||||||||||||||||||||||
22 | certain minors and of persons
found guilty of the criminal |
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1 | offenses or traffic violations
which this Code recognizes as | ||||||
2 | evidence relating to unfitness to safely operate
motor | ||||||
3 | vehicles, the following duties are imposed upon public | ||||||
4 | officials:
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5 | (1) Whenever any person is convicted of any offense | ||||||
6 | for which
this
Code makes mandatory the cancellation or | ||||||
7 | revocation of the driver's
license or permit of such | ||||||
8 | person by the Secretary of State, the judge of the
court in | ||||||
9 | which such conviction is had shall require the surrender | ||||||
10 | to the clerk
of the court of all driver's licenses or | ||||||
11 | permits then held by the person so
convicted, and the | ||||||
12 | clerk of the court shall, within 5 days thereafter, | ||||||
13 | forward
the same, together with a report of such | ||||||
14 | conviction, to the Secretary.
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15 | (2) Whenever any person is convicted of any offense | ||||||
16 | under this
Code or
similar offenses under a municipal | ||||||
17 | ordinance, other than regulations
governing standing, | ||||||
18 | parking or weights of vehicles, and excepting the
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19 | following enumerated Sections of this Code: Sections | ||||||
20 | 11-1406 (obstruction
to driver's view or control), 11-1407 | ||||||
21 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
22 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
23 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
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24 | vehicle which is in unsafe condition or improperly | ||||||
25 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
26 | 12-202 (clearance, identification and
side marker lamps), |
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1 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
2 | to display the safety lights required), 12-401 | ||||||
3 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
4 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
5 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
6 | (mufflers, prevention of noise or smoke), 12-603 (seat
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7 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
8 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
9 | operated on highways),
12-710 (splash guards and | ||||||
10 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
11 | and load), 15-102 (width), 15-103 (height), 15-104 (name
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12 | and address on second division vehicles), 15-107 (length | ||||||
13 | of vehicle),
15-109.1 (cover or tarpaulin), 15-111 | ||||||
14 | (weights), 15-112 (weights), 15-301
(weights), 15-316 | ||||||
15 | (weights), 15-318 (weights), and also excepting the | ||||||
16 | following
enumerated Sections of the Chicago Municipal | ||||||
17 | Code: Sections 27-245 (following
fire apparatus), 27-254 | ||||||
18 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
19 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
20 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
21 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
22 | (dimming of headlights), 27-268 (unattended motor | ||||||
23 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
24 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
25 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
26 | standing
of buses or taxicabs), 27-277 (cruising of public |
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1 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
2 | (diagonal parking), 27-307 (parking not to obstruct
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3 | traffic), 27-308 (stopping, standing or parking | ||||||
4 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
5 | regulations), 27-313 (parking regulations),
27-314 | ||||||
6 | (parking regulations), 27-315 (parking regulations), | ||||||
7 | 27-316 (parking
regulations), 27-317 (parking | ||||||
8 | regulations), 27-318 (parking regulations),
27-319 | ||||||
9 | (parking regulations), 27-320 (parking regulations), | ||||||
10 | 27-321 (parking
regulations), 27-322 (parking | ||||||
11 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
12 | 27-333 (wheel and axle loads), 27-334 (load
restrictions | ||||||
13 | in the downtown district), 27-335 (load restrictions in
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14 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
15 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
16 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
17 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
18 | sticker), 27-357 (identification of vehicles), 27-358
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19 | (projecting of loads), and also excepting the following | ||||||
20 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
21 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
22 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
23 | transporting dangerous cargo not properly indicated), it
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24 | shall be the duty of the clerk of the court in which such | ||||||
25 | conviction is
had within 5 days thereafter to forward to | ||||||
26 | the Secretary of State a report of
the conviction and the |
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1 | court may recommend the suspension of the driver's
license | ||||||
2 | or permit of the person so convicted.
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3 | The reporting requirements of this subsection shall | ||||||
4 | apply to all
violations stated in paragraphs (1) and (2) | ||||||
5 | of this
subsection when the
individual has been | ||||||
6 | adjudicated under the Juvenile Court Act or the
Juvenile | ||||||
7 | Court Act of 1987. Such reporting requirements shall also | ||||||
8 | apply to
individuals adjudicated under the Juvenile Court | ||||||
9 | Act or the Juvenile Court Act
of 1987 who have committed a | ||||||
10 | violation of Section 11-501 of this Code, or
similar | ||||||
11 | provision of a local ordinance, or Section 9-3 of the | ||||||
12 | Criminal Code
of 1961 or the Criminal Code of 2012, | ||||||
13 | relating to the offense of reckless homicide, or Section | ||||||
14 | 5-7 of the Snowmobile Registration and Safety Act or | ||||||
15 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
16 | relating to the offense of operating a snowmobile or a | ||||||
17 | watercraft while under the influence of alcohol, other | ||||||
18 | drug or drugs, intoxicating compound or compounds, or | ||||||
19 | combination thereof.
These reporting requirements also | ||||||
20 | apply to individuals adjudicated under the Juvenile Court | ||||||
21 | Act of 1987 based on any offense determined to have been | ||||||
22 | committed in furtherance of the criminal activities of an | ||||||
23 | organized gang, as provided in Section 5-710 of that Act, | ||||||
24 | if those activities involved the operation or use of a | ||||||
25 | motor vehicle. It shall be the duty of the clerk of the | ||||||
26 | court in which
adjudication is had within 5 days |
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1 | thereafter to forward to the Secretary of
State a report | ||||||
2 | of the adjudication and the court order requiring the | ||||||
3 | Secretary
of State to suspend the minor's driver's license | ||||||
4 | and driving privilege for such
time as determined by the | ||||||
5 | court, but only until he or she attains the age of 18
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6 | years. All juvenile court dispositions reported to the | ||||||
7 | Secretary of State
under this provision shall be processed | ||||||
8 | by the Secretary of State as if the
cases had been | ||||||
9 | adjudicated in traffic or criminal court. However, | ||||||
10 | information
reported relative to the offense of reckless | ||||||
11 | homicide, or Section 11-501 of
this Code, or a similar | ||||||
12 | provision of a local ordinance, shall be privileged
and | ||||||
13 | available only to the Secretary of State, courts, and | ||||||
14 | police officers.
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15 | The reporting requirements of this subsection (a) | ||||||
16 | apply to all violations listed in paragraphs (1) and (2) | ||||||
17 | of this subsection (a), excluding parking violations, when | ||||||
18 | the driver holds a CLP or CDL, regardless of the type of | ||||||
19 | vehicle in which the violation occurred, or when any | ||||||
20 | driver committed the violation in a commercial motor | ||||||
21 | vehicle as defined in Section 6-500 of this Code.
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22 | (3) Whenever an order is entered revoking pretrial | ||||||
23 | release given to secure appearance for any offense under | ||||||
24 | this
Code or similar offenses under municipal ordinance, | ||||||
25 | it shall be the duty
of the clerk of the court in which | ||||||
26 | such revocation was had or the judge of
such court if such |
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1 | court has no clerk, within 5 days thereafter to
forward to | ||||||
2 | the Secretary of State a report of the revocation.
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3 | (4) A report of any disposition of court supervision | ||||||
4 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
5 | similar provision of a local ordinance,
11-503, 11-504, | ||||||
6 | and 11-506 of this Code, Section 5-7 of the Snowmobile | ||||||
7 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
8 | Registration and Safety Act shall be forwarded to the | ||||||
9 | Secretary of State.
A report of any disposition of court | ||||||
10 | supervision for a violation of an offense
defined as a | ||||||
11 | serious traffic violation in this Code or a similar | ||||||
12 | provision of a
local ordinance committed by a person under | ||||||
13 | the age of 21 years shall be
forwarded to the Secretary of | ||||||
14 | State.
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15 | (5) Reports of conviction
under this Code
and | ||||||
16 | sentencing hearings under the
Juvenile Court
Act of 1987 | ||||||
17 | in an electronic format
or a computer processible medium
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18 | shall
be
forwarded to the Secretary of State via the | ||||||
19 | Supreme Court in the form and
format required by the | ||||||
20 | Illinois Supreme Court and established by a written
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21 | agreement between the Supreme Court and the Secretary of | ||||||
22 | State.
In counties with a population over 300,000, instead | ||||||
23 | of forwarding reports to
the Supreme Court, reports of | ||||||
24 | conviction
under this Code
and sentencing hearings under | ||||||
25 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
26 | computer processible medium
may
be forwarded to the |
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1 | Secretary of State by the Circuit Court Clerk in a form and
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2 | format required by the Secretary of State and established | ||||||
3 | by written agreement
between the Circuit Court Clerk and | ||||||
4 | the Secretary of State. Failure to
forward the reports of | ||||||
5 | conviction or sentencing hearing under the Juvenile
Court | ||||||
6 | Act of 1987 as required by this Section shall be
deemed an | ||||||
7 | omission of duty and it shall be the duty of the several | ||||||
8 | State's
Attorneys to enforce the requirements of this | ||||||
9 | Section.
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10 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
11 | court, as a
result of confiscation by a police officer | ||||||
12 | pursuant to the authority in
Section 6-113(f), it shall be the | ||||||
13 | duty of the clerk, or judge, if the court
has no clerk, to | ||||||
14 | forward such restricted driving permit and a facsimile of
the | ||||||
15 | officer's citation to the Secretary of State as expeditiously | ||||||
16 | as
practicable.
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17 | (c) For the purposes of this Code, a revocation of | ||||||
18 | pretrial release that has not been vacated, or the failure of a | ||||||
19 | defendant to appear for trial
after depositing his driver's | ||||||
20 | license, shall be
equivalent to a conviction.
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21 | (d) For the purpose of providing the Secretary of State | ||||||
22 | with records
necessary to properly monitor and assess driver | ||||||
23 | performance and assist the
courts in the proper disposition of | ||||||
24 | repeat traffic law offenders, the clerk
of the court shall | ||||||
25 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
26 | Secretary, records of a driver's participation in a driver |
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1 | remedial
or rehabilitative program which was required, through | ||||||
2 | a court order or court
supervision, in relation to the | ||||||
3 | driver's arrest for a violation of Section
11-501 of this Code | ||||||
4 | or a similar provision of a local ordinance.
The clerk of the | ||||||
5 | court shall also forward to the Secretary, either on
paper or | ||||||
6 | in an electronic format or a computer processible medium as | ||||||
7 | required
under paragraph (5) of subsection (a) of this | ||||||
8 | Section, any disposition
of court supervision for any traffic | ||||||
9 | violation,
excluding those offenses listed in paragraph (2)
of | ||||||
10 | subsection (a) of this Section.
These reports
shall be sent | ||||||
11 | within 5
days after disposition, or, if
the driver is
referred | ||||||
12 | to a driver
remedial or rehabilitative program, within 5 days | ||||||
13 | of the driver's referral
to that program.
These reports | ||||||
14 | received by the Secretary of State, including those required | ||||||
15 | to
be forwarded under paragraph (a)(4), shall be privileged | ||||||
16 | information, available
only (i) to the affected driver, (ii) | ||||||
17 | to the parent or guardian of a person under the age of 18 years | ||||||
18 | holding an instruction permit or a graduated driver's license, | ||||||
19 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
20 | authorities, the Secretary of State, and the driver licensing | ||||||
21 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
22 | Part 384, all reports of court supervision, except violations | ||||||
23 | related to parking, shall be forwarded to the Secretary of | ||||||
24 | State for all holders of a CLP or CDL or any driver who commits | ||||||
25 | an offense while driving a commercial motor vehicle. These | ||||||
26 | reports shall be recorded to the driver's record as a |
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1 | conviction for use in the disqualification of the driver's | ||||||
2 | commercial motor vehicle privileges and shall not be | ||||||
3 | privileged information.
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4 | (e) For purposes of reinstating a suspended or revoked
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5 | driver's license, the clerk of court shall immediately notify
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6 | the Secretary of a driver's participation in a traffic ticket
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7 | fine waiver program under Section 16-109 of this Code. | ||||||
8 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; | ||||||
9 | 102-1104, eff. 1-1-23.)
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10 | (625 ILCS 5/16-104e) | ||||||
11 | Sec. 16-104e. Minimum penalty for traffic offenses. Except | ||||||
12 | as provided under Section 16-109 of this Code or unless Unless | ||||||
13 | otherwise disposed of prior to a court appearance in the same | ||||||
14 | matter under Supreme Court Rule 529, a person who, after a | ||||||
15 | court appearance in the same matter, is found guilty of or | ||||||
16 | pleads guilty to, including any person receiving a disposition | ||||||
17 | of court supervision, a violation of this Code or a similar | ||||||
18 | provision of a local ordinance shall pay a fine that may not be | ||||||
19 | waived. Nothing in this Section shall prevent the court from | ||||||
20 | ordering that the fine be paid within a specified period of | ||||||
21 | time or in installments under Section 5-9-1 of the Unified | ||||||
22 | Code of Corrections.
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23 | (Source: P.A. 96-1462, eff. 1-1-11.)
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24 | (625 ILCS 5/16-109 new) |
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1 | Sec. 16-109. Traffic ticket fine waiver program. | ||||||
2 | (a) As used in this Section, "minor traffic offense" means | ||||||
3 | a petty offense or a business offense committed under this | ||||||
4 | Code or a similar provision of a local ordinance. | ||||||
5 | (b) A defendant who is in default or is unable to pay | ||||||
6 | required fines, fees, costs, or court assessments, or who has | ||||||
7 | a suspended driver's license, resulting from a minor traffic | ||||||
8 | offense under this Code or a similar provision of a local | ||||||
9 | ordinance, may petition the court having jurisdiction over the | ||||||
10 | defendant's case to enter into a traffic ticket fine waiver | ||||||
11 | program. | ||||||
12 | (c) This Section applies only to a defendant who pleads | ||||||
13 | guilty to or is convicted of a minor traffic offense committed | ||||||
14 | no earlier than 2 years before the effective date of this | ||||||
15 | amendatory Act of the 103rd General Assembly. | ||||||
16 | (d) An application under this Section shall be in writing | ||||||
17 | and signed by the defendant or, if the defendant is a minor or | ||||||
18 | person under legal disability, by another person having | ||||||
19 | knowledge of the facts. The contents of the application and | ||||||
20 | the procedure for deciding applications may be established by | ||||||
21 | Supreme Court Rule. | ||||||
22 | (e) The court shall immediately notify the Secretary of | ||||||
23 | State of the defendant's participation in the program and the | ||||||
24 | Secretary shall, if applicable, reinstate the defendant's | ||||||
25 | suspended or revoked driver's license. | ||||||
26 | (f) Upon submission of the application to enter into the |
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1 | program, the court shall grant the defendant: | ||||||
2 | (1) the ability to convert the amount due into | ||||||
3 | court-approved public or community service, for which one | ||||||
4 | hour of public or community service shall be equivalent to | ||||||
5 | $10 of the amount due; or | ||||||
6 | (2) a partial obligation waiver as follows: | ||||||
7 | (A) 50% of the total amount due shall be waived for | ||||||
8 | any defendant who submits the application; or | ||||||
9 | (B) 80% of the total amount due shall be waived for | ||||||
10 | any defendant who: | ||||||
11 | (i) has an available income that is 125% or | ||||||
12 | less of the current poverty level as established | ||||||
13 | by the United States Department of Health and | ||||||
14 | Human Services; or | ||||||
15 | (ii) is receiving assistance under one or more | ||||||
16 | of the following means-based governmental public | ||||||
17 | benefits programs: Supplemental Security Income; | ||||||
18 | Aid to the Aged, Blind, and Disabled; Temporary | ||||||
19 | Assistance for Needy Families; Supplemental | ||||||
20 | Nutrition Assistance Program; General Assistance; | ||||||
21 | Transitional Assistance; or State Children and | ||||||
22 | Family Assistance. | ||||||
23 | (g) The Secretary of State shall provide information on | ||||||
24 | the traffic ticket fine waiver program on its website. The | ||||||
25 | clerk of court shall provide the application to a defendant | ||||||
26 | upon request.
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