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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1017 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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| 625 ILCS 5/6-204 | from Ch. 95 1/2, par. 6-204 | 625 ILCS 5/16-104e | | 625 ILCS 5/16-109 new | |
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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.
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| | A BILL FOR |
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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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