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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2966 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
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| 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 |
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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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| 1 | | AN ACT concerning courts.
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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 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Sections 6-115 and 6-308 as follows:
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| 6 | | (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
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| 7 | | Sec. 6-115. Expiration of driver's license.
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| 8 | | (a) Except as provided elsewhere in this Section, every
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| 9 | | driver's license issued under the provisions of
this Code |
| 10 | | shall
expire 4 years from the date of its issuance, or at such |
| 11 | | later
date, as the Secretary of State may by proper rule and |
| 12 | | regulation designate,
not to exceed 12 calendar months; in the |
| 13 | | event
that an applicant for renewal of a driver's license |
| 14 | | fails
to apply prior to
the expiration date of the previous |
| 15 | | driver's license, the renewal driver's
license
shall expire 4 |
| 16 | | years from the expiration date of the previous
driver's |
| 17 | | license, or at such later date as the Secretary of State may
by |
| 18 | | proper rule and
regulation designate, not to exceed 12 |
| 19 | | calendar months.
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| 20 | | The Secretary of State may, however, issue to a
person not |
| 21 | | previously licensed as a driver in Illinois a driver's
license
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| 22 | | which will expire not less than 4 years nor more than 5
years |
| 23 | | from date of
issuance, except as provided elsewhere in this |
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| 1 | | Section.
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| 2 | | (a-5) Every driver's license issued under this Code to an |
| 3 | | applicant who is not a United States citizen or permanent |
| 4 | | resident, or an individual who has an approved application for |
| 5 | | asylum in the United States or has entered the United States in |
| 6 | | refugee status, shall expire on whichever is the earlier date |
| 7 | | of 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 |
| 17 | | under this Code to an applicant who is not a United States |
| 18 | | citizen or permanent resident, or an individual who has an |
| 19 | | approved application for asylum in the United States or has |
| 20 | | entered the United States in refugee status, shall be marked |
| 21 | | "Limited Term". |
| 22 | | (b) Before the expiration of a driver's license, except |
| 23 | | those
licenses expiring on the individual's 21st birthday, or |
| 24 | | 3 months after
the individual's 21st birthday, the holder |
| 25 | | thereof may apply for a renewal
thereof, subject to all the |
| 26 | | provisions of Section 6-103, and the Secretary
of State may |
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| 1 | | require an examination of the applicant. A licensee
whose |
| 2 | | driver's license expires on his 21st birthday, or 3 months |
| 3 | | after
his 21st birthday, may not apply for a renewal of his |
| 4 | | driving privileges
until he reaches the age of 21.
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| 5 | | (c) The Secretary of State shall, 30 days prior to the |
| 6 | | expiration of a
driver's license, forward to each person whose |
| 7 | | license
is to expire a
notification of the expiration of said |
| 8 | | license which may
be presented at the time of renewal of said |
| 9 | | license.
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| 10 | | There may be included with such notification information |
| 11 | | explaining
the anatomical gift and Emergency Medical |
| 12 | | Information Card provisions of
Section 6-110. The format and |
| 13 | | text of such information
shall be prescribed by the Secretary.
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| 14 | | There shall be included with such notification,
for a |
| 15 | | period of 4 years beginning January 1, 2000 information |
| 16 | | regarding the
Illinois Adoption Registry and Medical |
| 17 | | Information Exchange established in
Section 18.1 of the |
| 18 | | Adoption Act.
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| 19 | | (d) The Secretary may defer the expiration of the driver's |
| 20 | | license
of a licensee, spouse, and dependent children who are |
| 21 | | living with such licensee
while on active duty, serving in the |
| 22 | | Armed Forces of the United
States outside of the State of |
| 23 | | Illinois, and 120 days thereafter, upon such
terms and |
| 24 | | conditions as the Secretary may prescribe.
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| 25 | | (d-5) The Secretary may defer the expiration of the |
| 26 | | driver's license of a licensee, or of a spouse or dependent |
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| 1 | | children living with the licensee, serving as a civilian |
| 2 | | employee of the United States Armed Forces or the United |
| 3 | | States Department of Defense, outside of the State of |
| 4 | | Illinois, and 120 days thereafter, upon such terms and |
| 5 | | conditions as the Secretary may prescribe. |
| 6 | | (e) (Blank). The Secretary of State may decline to process |
| 7 | | a renewal of a driver's
license
of any person who has not paid |
| 8 | | any fee or tax due under this Code and is not
paid upon |
| 9 | | reasonable notice and demand.
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| 10 | | (f) The Secretary shall provide that each original or |
| 11 | | renewal driver's
license issued to a licensee under 21 years |
| 12 | | of age shall expire 3 months
after the licensee's 21st |
| 13 | | birthday. Persons whose current driver's licenses
expire on |
| 14 | | their 21st birthday on or after January 1, 1986 shall not renew |
| 15 | | their
driver's license before their 21st birthday, and their |
| 16 | | current driver's
license will be extended for an additional |
| 17 | | term of 3 months beyond their
21st birthday. Thereafter, the |
| 18 | | expiration and term of the driver's license
shall be governed |
| 19 | | by subsection (a) hereof.
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| 20 | | (g) The Secretary shall provide that each original or |
| 21 | | renewal driver's
license issued to a licensee 81 years of age |
| 22 | | through age 86 shall expire 2
years from the date of issuance, |
| 23 | | or at such later date as the Secretary may
by rule and |
| 24 | | regulation designate, not to exceed an additional 12 calendar
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| 25 | | months. The
Secretary shall also provide that each original or |
| 26 | | renewal driver's license
issued to a licensee 87 years of age |
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| 1 | | or older shall expire 12 months from
the date of issuance, or |
| 2 | | at such later date as the Secretary may by rule
and regulation |
| 3 | | designate, not to exceed an additional 12 calendar months.
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| 4 | | (h) The Secretary of State shall provide that each special
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| 5 | | restricted driver's license issued under subsection (g) of |
| 6 | | Section
6-113 of this Code shall expire 12 months from the date |
| 7 | | of
issuance. The Secretary shall adopt rules defining renewal
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| 8 | | requirements.
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| 9 | | (i) The Secretary of State shall provide that each |
| 10 | | driver's license issued to a person convicted of a sex offense |
| 11 | | as defined in Section 2 of the Sex Offender Registration Act |
| 12 | | shall expire 12 months from the date of issuance or at such |
| 13 | | date as the Secretary may by rule designate, not to exceed an |
| 14 | | additional 12 calendar months. The Secretary may adopt rules |
| 15 | | defining renewal requirements.
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| 16 | | (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
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| 17 | | (625 ILCS 5/6-308) |
| 18 | | Sec. 6-308. Procedures for traffic violations. |
| 19 | | (a) Any person cited for violating this Code or a similar |
| 20 | | provision of a local ordinance for which a violation is a petty |
| 21 | | offense as defined by Section 5-1-17 of the Unified Code of |
| 22 | | Corrections, excluding business offenses as defined by Section |
| 23 | | 5-1-2 of the Unified Code of Corrections or a violation of |
| 24 | | Section 15-111 or subsection (d) of Section 3-401 of this |
| 25 | | Code, shall not be required to sign the citation for his or her |
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| 1 | | release. All other provisions of this Code or similar |
| 2 | | provisions of local ordinances shall be governed by the |
| 3 | | pretrial release provisions of the Illinois Supreme Court |
| 4 | | Rules when it is not practical or feasible to take the person |
| 5 | | before a judge to have conditions of pretrial release set or to |
| 6 | | avoid undue delay because of the hour or circumstances. |
| 7 | | (b) Whenever a person fails to appear in court, the court |
| 8 | | may continue the case for a minimum of 30 days and the clerk of |
| 9 | | the court shall send notice of the continued court date to the |
| 10 | | person's last known address and, if the clerk of the court |
| 11 | | elects to establish a system to send text, email, and |
| 12 | | telephone notifications, may also send notifications to an |
| 13 | | email address and may send a text message to the person's last |
| 14 | | known cellular telephone number. If the person does not have a |
| 15 | | cellular telephone number, the clerk of the court may |
| 16 | | telephone the person regarding the continued court date at the |
| 17 | | person's last known non-cellular telephone number. The notice |
| 18 | | shall include a statement that a subsequent failure to appear |
| 19 | | in court could result in a warrant for the defendant's arrest |
| 20 | | and other significant consequences affecting their driving |
| 21 | | privileges. If the person does not appear in court on or before |
| 22 | | the continued court date or satisfy the court that the |
| 23 | | person's appearance in and surrender to the court is |
| 24 | | impossible for no fault of the person, the court shall enter an |
| 25 | | order of failure to appear. The clerk of the court shall notify |
| 26 | | the Secretary of State, on a report prescribed by the |
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| 1 | | Secretary, of the court's order. The Secretary, when notified |
| 2 | | by the clerk of the court that an order of failure to appear |
| 3 | | has been entered, shall immediately suspend the person's |
| 4 | | driver's license, which shall be designated by the Secretary |
| 5 | | as a Failure to Appear suspension. The Secretary shall not |
| 6 | | remove the suspension, nor issue any permit or privileges to |
| 7 | | the person whose license has been suspended, until notified by |
| 8 | | the ordering court that the person has appeared and resolved |
| 9 | | the violation. Upon compliance, the clerk of the court shall |
| 10 | | present the person with a notice of compliance containing the |
| 11 | | seal of the court, and shall notify the Secretary that the |
| 12 | | person has appeared and resolved the violation. |
| 13 | | (c) Illinois Supreme Court Rules shall govern pretrial |
| 14 | | release and appearance procedures when a person who is a |
| 15 | | resident of another state that is not a member of the |
| 16 | | Nonresident Violator Compact of 1977 is cited for violating |
| 17 | | this Code or a similar provision of a local ordinance.
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| 18 | | (d) The changes made to this Section by this amendatory |
| 19 | | Act of the 103rd General Assembly apply to each individual |
| 20 | | whose license was suspended pursuant to this Section prior to |
| 21 | | the effective date of this amendatory Act of the 103rd General |
| 22 | | Assembly, and the suspension shall be lifted by the Secretary |
| 23 | | of State without further action by any court. |
| 24 | | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
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| 25 | | Section 10. The Unified Code of Corrections is amended by |
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| 1 | | changing Section 5-9-3 as follows:
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| 2 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
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| 3 | | Sec. 5-9-3. Default.
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| 4 | | (a) (Blank). An offender who defaults in the payment of a |
| 5 | | fine or
any
installment of that fine may be held in contempt |
| 6 | | and imprisoned for nonpayment. The
court may issue a summons |
| 7 | | for his appearance or a warrant of arrest.
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| 8 | | (b) (Blank). Unless the offender shows that his default |
| 9 | | was not due to his
intentional refusal to pay, or not due to a |
| 10 | | failure on his part to make a
good faith effort to pay, the |
| 11 | | court may order the offender imprisoned for a
term not to |
| 12 | | exceed 6 months if the fine was for a felony, or 30 days if the
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| 13 | | fine was for a misdemeanor, a petty offense or a business |
| 14 | | offense. Payment
of the fine at any time will entitle the |
| 15 | | offender to be released, but
imprisonment under this Section |
| 16 | | shall not satisfy the payment of the fine.
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| 17 | | (c) (Blank). If it appears that the default in the payment |
| 18 | | of a fine is not
intentional under paragraph (b) of this |
| 19 | | Section, the court may enter an
order allowing the offender |
| 20 | | additional time for payment, reducing the
amount of the fine |
| 21 | | or of each installment, or revoking the fine or the
unpaid |
| 22 | | portion.
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| 23 | | (d) (Blank). When a fine is imposed on a corporation or |
| 24 | | unincorporated
organization or association, it is the duty of |
| 25 | | the person or persons
authorized to make disbursement of |
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| 1 | | assets, and their superiors, to pay the
fine from assets of the |
| 2 | | corporation or unincorporated organization or
association. The |
| 3 | | failure of such persons to do so shall render them subject
to |
| 4 | | proceedings under paragraphs (a) and (b) of this Section.
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| 5 | | (e) A default in the payment of a fine, fee, cost, order of |
| 6 | | restitution, judgment of bond forfeiture, judgment order of |
| 7 | | forfeiture, or any installment thereof
may be
collected by any |
| 8 | | and all means authorized for the collection of money |
| 9 | | judgments. The State's Attorney of the county in which the |
| 10 | | fine, fee, cost, order of restitution, judgment of bond |
| 11 | | forfeiture, or judgment order of forfeiture was imposed may |
| 12 | | retain
attorneys and private collection agents for the purpose |
| 13 | | of collecting any
default in payment of any fine, fee, cost, |
| 14 | | order of restitution, judgment of bond forfeiture, judgment |
| 15 | | order of forfeiture, or installment thereof. An additional fee |
| 16 | | of 30% of the delinquent amount and each taxable court cost |
| 17 | | including, without limitation, costs of service of process, |
| 18 | | shall be charged to the offender for any amount of the fine, |
| 19 | | fee, cost, restitution, or judgment of bond forfeiture or |
| 20 | | installment of the fine, fee, cost, restitution, or judgment |
| 21 | | of bond forfeiture that remains unpaid after the time fixed |
| 22 | | for payment of the fine, fee, cost, restitution, or judgment |
| 23 | | of bond forfeiture by the court. The additional fee shall be |
| 24 | | payable to the State's Attorney in order to compensate the |
| 25 | | State's Attorney for costs incurred in collecting the |
| 26 | | delinquent amount. The State's Attorney may enter into |
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| 1 | | agreements assigning any portion of the fee to the retained |
| 2 | | attorneys or the private collection agent retained by the |
| 3 | | State's Attorney. Any agreement between the State's Attorney |
| 4 | | and the retained attorneys or collection agents shall require |
| 5 | | the approval of the Circuit Clerk of that county. A default in |
| 6 | | payment of a fine, fee, cost, restitution, or judgment of bond |
| 7 | | forfeiture shall draw interest at the rate of 9% per annum.
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| 8 | | (Source: P.A. 98-373, eff. 1-1-14.)
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| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
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