| ||||
| Public Act 100-0074 | ||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
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 | ||||
Section 6-204 as follows:
| ||||
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||
Sec. 6-204. When Court to forward license and reports.
| ||||
(a) For the purpose of providing to the Secretary of State | ||||
the records
essential to the performance of the Secretary's | ||||
duties under this Code to
cancel, revoke or suspend the | ||||
driver's license and privilege to drive motor
vehicles of | ||||
certain minors adjudicated truant minors in need of | ||||
supervision,
addicted, or delinquent and of persons
found | ||||
guilty of the criminal offenses or traffic violations
which | ||||
this Code recognizes as evidence relating to unfitness to | ||||
safely operate
motor vehicles, the following duties are imposed | ||||
upon public officials:
| ||||
(1) Whenever any person is convicted of any offense for | ||||
which
this
Code makes mandatory the cancellation or | ||||
revocation of the driver's
license or permit of such person | ||||
by the Secretary of State, the judge of the
court in which | ||||
such conviction is had shall require the surrender to the | ||||
clerk
of the court of all driver's licenses or permits then | ||||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5 days thereafter, forward
the same, together | ||
with a report of such conviction, to the Secretary.
| ||
(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 | ||
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with | ||
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
| ||
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||
and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), | ||
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 | ||
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking | ||
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), | ||
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 | ||
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and | ||
Regulations of the Illinois
State Toll Highway Authority: | ||
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 5 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall | ||
apply to all
violations stated in paragraphs (1) and (2) of | ||
this
subsection when the
individual has been adjudicated | ||
under the Juvenile Court Act or the
Juvenile Court Act of | ||
1987. Such reporting requirements shall also apply to
| ||
individuals adjudicated under the Juvenile Court Act or the | ||
Juvenile Court Act
of 1987 who have committed a violation | ||
of Section 11-501 of this Code, or
similar provision of a | ||
local ordinance, or Section 9-3 of the Criminal Code
of | ||
1961 or the Criminal Code of 2012, relating to the offense | ||
of reckless homicide, or Section 5-7 of the Snowmobile | ||
Registration and Safety Act or Section 5-16 of the Boat | ||
Registration and Safety Act, relating to the offense of | ||
operating a snowmobile or a watercraft while under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination thereof.
These | ||
reporting requirements also apply to individuals | ||
adjudicated under the Juvenile Court Act of 1987 based on | ||
any offense determined to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, and that | ||
involved the operation or use of a motor vehicle or the use | ||
of a driver's license or permit. The reporting requirements | ||
of this subsection shall also apply to
a truant minor in | ||
need of supervision, an addicted
minor, or a delinquent | ||
minor and whose driver's license and privilege to
drive a | ||
motor vehicle has been ordered suspended for such times as | ||
determined
by the Court, but only until he or she attains
| ||
18 years of age. It shall be the duty of the clerk of the | ||
court in which
adjudication is had within 5 days thereafter | ||
to forward to the Secretary of
State a report of the | ||
adjudication and the court order requiring the Secretary
of | ||
State to suspend the minor's driver's license and driving | ||
privilege for such
time as determined by the Court, but | ||
only until he or she attains the age of 18
years. All | ||
juvenile court dispositions reported to the Secretary of | ||
State
under this provision shall be processed by the | ||
Secretary of State as if the
cases had been adjudicated in | ||
traffic or criminal court. However, information
reported | ||
relative to the offense of reckless homicide, or Section | ||
11-501 of
this Code, or a similar provision of a local | ||
ordinance, shall be privileged
and available only to the | ||
Secretary of State, courts, and police officers.
| ||
The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CLP or CDL, regardless of the type of | ||
vehicle in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the | ||
forfeiture of any
bail,
security or bond given to secure | ||
appearance for any offense under this
Code or similar | ||
offenses under municipal ordinance, it shall be the duty
of | ||
the clerk of the court in which such vacation was had or | ||
the judge of
such court if such court has no clerk, within | ||
5 days thereafter to
forward to the Secretary of State a | ||
report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503, 11-504, and | ||
11-506 of this Code, Section 5-7 of the Snowmobile | ||
Registration and Safety Act, and Section 5-16 of the Boat | ||
Registration and Safety Act shall be forwarded to the | ||
Secretary of State.
A report of any disposition of court | ||
supervision for a violation of an offense
defined as a | ||
serious traffic violation in this Code or a similar | ||
provision of a
local ordinance committed by a person under | ||
the age of 21 years shall be
forwarded to the Secretary of | ||
State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under | ||
the
Juvenile Court Act of 1987 in an electronic format
or a | ||
computer processible medium
may
be forwarded to the | ||
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an | ||
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this | ||
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a forfeiture of bail or | ||
collateral
deposited to secure a defendant's appearance in | ||
court when forfeiture
has not been vacated, or the failure of a | ||
defendant to appear for trial
after depositing his driver's | ||
license in lieu of other bail, shall be
equivalent to a | ||
conviction.
| ||
(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver | ||
performance and assist the
courts in the proper disposition of | ||
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a | ||
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
| ||
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
| ||
excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
days | ||
after disposition, or, if
the driver is
referred to a driver
| ||
remedial or rehabilitative program, within 5 days of the | ||
driver's referral
to that program.
These reports received by | ||
the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver, (ii) to | ||
the parent or guardian of a person under the age of 18 years | ||
holding an instruction permit or a graduated driver's license, | ||
and (iii) for use by the courts, police
officers, prosecuting | ||
authorities, the Secretary of State, and the driver licensing | ||
administrator of any other state. In accordance with 49 C.F.R. | ||
Part 384, all reports of court supervision, except violations | ||
related to parking, shall be forwarded to the Secretary of | ||
State for all holders of a CLP or CDL or any driver who commits | ||
an offense while driving a commercial motor vehicle. These | ||
reports shall be recorded to the driver's record as a | ||
conviction for use in the disqualification of the driver's | ||
commercial motor vehicle privileges and shall not be privileged | ||
information.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-176 (see Section 10 of | ||
P.A. 98-722 and Section 10 of P.A. 99-414 for the effective | ||
date of changes made by P.A. 98-176).)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||