Bill Text: IL HB2966 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Deletes a provision that authorizes the Secretary of State to decline to process the 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, if the clerk of the court elects to establish a system to send text, email, and telephone notifications, the clerk of the court may send notifications to an email address, may send a text message to the person's last known cellular telephone number, and if the person does not have a cellular telephone number, may telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes a provision that requires a court to enter an order of failure to appear if a 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. Amends the Unified Code of Corrections. Deletes language providing 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-16 - Referred to Rules Committee [HB2966 Detail]

Download: Illinois-2023-HB2966-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2966 Introduced , by Rep. Nicholas K. Smith 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 a provision that authorizes the Secretary of State to decline to process the 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, if the clerk of the court elects to establish a system to send text, email, and telephone notifications, the clerk of the court may send notifications to an email address, may send a text message to the person's last known cellular telephone number, and if the person does not have a cellular telephone number, may telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes a provision that requires a court to enter an order of failure to appear if a 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. Amends the Unified Code of Corrections. Deletes language providing 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.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 6-115 and 6-308 as follows:
(625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
Sec. 6-115. Expiration of driver's license.
(a) Except as provided elsewhere in this Section, every
driver's license issued under the provisions of this Code
shall expire 4 years from the date of its issuance, or at such
later date, as the Secretary of State may by proper rule and
regulation designate, not to exceed 12 calendar months; in the
event that an applicant for renewal of a driver's license
fails to apply prior to the expiration date of the previous
driver's license, the renewal driver's license shall expire 4
years from the expiration date of the previous driver's
license, or at such later date as the Secretary of State may by
proper rule and regulation designate, not to exceed 12
calendar months.
The Secretary of State may, however, issue to a person not
previously licensed as a driver in Illinois a driver's license
which will expire not less than 4 years nor more than 5 years
from date of issuance, except as provided elsewhere in this

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

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

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children living with the licensee, serving as a civilian
employee of the United States Armed Forces or the United
States Department of Defense, outside of the State of
Illinois, and 120 days thereafter, upon such terms and
conditions as the Secretary may prescribe.
(e) (Blank). 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 this Code and is not paid upon
reasonable notice and demand.
(f) The Secretary shall provide that each original or
renewal driver's license issued to a licensee under 21 years
of age shall expire 3 months after the licensee's 21st
birthday. Persons whose current driver's licenses expire on
their 21st birthday on or after January 1, 1986 shall not renew
their driver's license before their 21st birthday, and their
current driver's license will be extended for an additional
term of 3 months beyond their 21st birthday. Thereafter, the
expiration and term of the driver's license shall be governed
by subsection (a) hereof.
(g) The Secretary shall provide that each original or
renewal driver's license issued to a licensee 81 years of age
through age 86 shall expire 2 years from the date of issuance,
or at such later date as the Secretary may by rule and
regulation designate, not to exceed an additional 12 calendar
months. The Secretary shall also provide that each original or
renewal driver's license issued to a licensee 87 years of age

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

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release. All other provisions of this Code or similar
provisions of local ordinances shall be governed by the
pretrial release provisions of the Illinois Supreme Court
Rules when it is not practical or feasible to take the person
before a judge to have conditions of pretrial release set or to
avoid undue delay because of the hour or circumstances.
(b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address and, if the clerk of the court
elects to establish a system to send text, email, and
telephone notifications, may also send notifications to an
email address and may send a text message to the person's last
known cellular telephone number. If the person does not have a
cellular telephone number, the clerk of the court may
telephone the person regarding the continued court date at the
person's last known non-cellular telephone number. The notice
shall include a statement that a subsequent failure to appear
in court could result in a warrant for the defendant's arrest
and other significant consequences affecting their driving
privileges. 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. The clerk of the court shall notify
the Secretary of State, on a report prescribed by the

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Secretary, of the court's order. The Secretary, when notified
by the clerk of the court that an order of failure to appear
has been entered, shall immediately suspend the person's
driver's license, which shall be designated by the Secretary
as a Failure to Appear suspension. The Secretary shall not
remove the suspension, nor issue any permit or privileges to
the person whose license has been suspended, until notified by
the ordering court that the person has appeared and resolved
the violation. Upon compliance, the clerk of the court shall
present the person with a notice of compliance containing the
seal of the court, and shall notify the Secretary that the
person has appeared and resolved the violation.
(c) Illinois Supreme Court Rules shall govern pretrial
release and appearance procedures when a person who is a
resident of another state that is not a member of the
Nonresident Violator Compact of 1977 is cited for violating
this Code or a similar provision of a local ordinance.
(d) The changes made to this Section by this amendatory
Act of the 103rd General Assembly apply to each individual
whose license was suspended pursuant to this Section prior to
the effective date of this amendatory Act of the 103rd General
Assembly, and the suspension shall be lifted by the Secretary
of State without further action by any court.
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
Section 10. The Unified Code of Corrections is amended by

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changing Section 5-9-3 as follows:
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) (Blank). 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. The court may issue a summons
for his appearance or a warrant of arrest.
(b) (Blank). Unless the offender shows that his default
was not due to his intentional refusal to pay, or not due to a
failure on his part to make a good faith effort to pay, the
court may order the offender imprisoned for a term not to
exceed 6 months if the fine was for a felony, or 30 days if the
fine was for a misdemeanor, a petty offense or a business
offense. Payment of the fine at any time will entitle the
offender to be released, but imprisonment under this Section
shall not satisfy the payment of the fine.
(c) (Blank). If it appears that the default in the payment
of a fine is not intentional under paragraph (b) of this
Section, the court may enter an order allowing the offender
additional time for payment, reducing the amount of the fine
or of each installment, or revoking the fine or the unpaid
portion.
(d) (Blank). When a fine is imposed on a corporation or
unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of

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assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof may be collected by any
and all means authorized for the collection of money
judgments. The State's Attorney of the county in which the
fine, fee, cost, order of restitution, judgment of bond
forfeiture, or judgment order of forfeiture was imposed may
retain attorneys and private collection agents for the purpose
of collecting any default in payment of any fine, fee, cost,
order of restitution, judgment of bond forfeiture, judgment
order of forfeiture, or installment thereof. An additional fee
of 30% of the delinquent amount and each taxable court cost
including, without limitation, costs of service of process,
shall be charged to the offender for any amount of the fine,
fee, cost, restitution, or judgment of bond forfeiture or
installment of the fine, fee, cost, restitution, or judgment
of bond forfeiture that remains unpaid after the time fixed
for payment of the fine, fee, cost, restitution, or judgment
of bond forfeiture by the court. The additional fee shall be
payable to the State's Attorney in order to compensate the
State's Attorney for costs incurred in collecting the
delinquent amount. The State's Attorney may enter into

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agreements assigning any portion of the fee to the retained
attorneys or the private collection agent retained by the
State's Attorney. Any agreement between the State's Attorney
and the retained attorneys or collection agents shall require
the approval of the Circuit Clerk of that county. A default in
payment of a fine, fee, cost, restitution, or judgment of bond
forfeiture shall draw interest at the rate of 9% per annum.
(Source: P.A. 98-373, eff. 1-1-14.)
Section 99. Effective date. This Act takes effect upon
becoming law.