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| Public Act 094-0618 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 6-306.6 as follows:
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(625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)
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Sec. 6-306.6. Failure to pay traffic fines, penalties, or | ||||
court costs.
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(a) Whenever any resident of this State fails to pay any | ||||
traffic fine,
penalty,
or cost imposed for a violation of this | ||||
Code, or similar provision of
local ordinance, the clerk may | ||||
notify the Secretary of State, on
a report
prescribed by the | ||||
Secretary, and the Secretary shall prohibit the renewal,
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reissue or reinstatement of such resident's driving privileges | ||||
until such
fine, penalty, or cost has been paid in full. The | ||||
clerk
shall provide notice to
the driver, at the driver's last | ||||
known address as shown on the court's
records, stating that | ||||
such action
will be effective on the 46th day following the | ||||
date of the above notice if
payment is not received in full by | ||||
the court of venue.
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(a-1) Whenever any resident of this State who has made a | ||||
partial payment on any traffic fine, penalty, or cost that was | ||||
imposed under a conviction entered on or after the effective | ||||
date of this amendatory Act of the 93rd General Assembly, for a | ||||
violation of this Code or a similar provision of a local | ||||
ordinance, fails to pay the remainder of the outstanding fine, | ||||
penalty, or cost within the time limit set by the court, the | ||||
clerk may notify the Secretary of State, on a report prescribed | ||||
by the Secretary, and the Secretary shall prohibit the renewal, | ||||
reissue, or reinstatement of the resident's driving privileges | ||||
until the fine, penalty, or cost has been paid in full. The | ||||
clerk shall provide notice to the driver, at the driver's last | ||||
known address as shown on the court's records, stating that the | ||
action will be effective on the 46th day following the date of | ||
the notice if payment is not received in full by the court of | ||
venue.
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(b) Except as provided in subsection (b-1), following
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Following receipt of the report from the clerk, the
Secretary | ||
of
State shall make the proper notation to the driver's file to | ||
prohibit the
renewal, reissue or reinstatement of such driver's | ||
driving privileges.
Except as provided in paragraph (2) of | ||
subsection (d) of this Section, such
notation shall not be | ||
removed from the driver's record until the
driver satisfies the | ||
outstanding fine, penalty, or cost and an
appropriate notice on
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a form prescribed by the Secretary is received by the Secretary | ||
from the
court of venue, stating that such fine, penalty, or | ||
cost has been paid
in full.
Upon payment in full of a traffic | ||
fine, penalty, or court cost which has
previously been reported | ||
under this Section as unpaid, the clerk of the
court shall | ||
present the driver with a signed receipt containing the seal of
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the court indicating that such fine, penalty, or cost has been | ||
paid in
full, and
shall forward forthwith to the Secretary of | ||
State a notice stating that the
fine, penalty, or cost has been | ||
paid in full.
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(b-1) In a county with a population of 3,000,000 or more, | ||
following receipt of the report from the clerk, the
Secretary | ||
of
State shall make the proper notation to the driver's file to | ||
prohibit the
renewal, reissue or reinstatement of such driver's | ||
driving privileges.
Such notation shall not be removed from the | ||
driver's record until the
driver satisfies the outstanding | ||
fine, penalty, or cost and an
appropriate notice on
a form | ||
prescribed by the Secretary is received by the Secretary | ||
directly from the
court of venue, stating that such fine, | ||
penalty, or cost has been paid
in full.
Upon payment in full of | ||
a traffic fine, penalty, or court cost which has
previously | ||
been reported under this Section as unpaid, the clerk of the
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court shall forward forthwith directly to the Secretary of | ||
State a notice stating that the
fine, penalty, or cost has been | ||
paid in full and shall provide the driver with a signed receipt | ||
containing the seal of the court, indicating that the fine, | ||
penalty, and cost have been paid in full. The receipt may not | ||
be used by the driver to clear the driver's record.
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(c) The provisions of this Section shall be limited to a | ||
single action
per arrest and as a post conviction measure only. | ||
Fines, penalty, or
costs to be
collected subsequent to orders | ||
of court supervision, or other available
court diversions are | ||
not applicable to this Section.
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(d) (1) Notwithstanding the receipt of a report from the | ||
clerk
as
prescribed in subsection (a), nothing in this Section | ||
is intended to place
any responsibility upon the Secretary of | ||
State to provide independent
notice to the driver of any | ||
potential action to disallow the renewal,
reissue or | ||
reinstatement of such driver's driving privileges.
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(2) Except as provided in subsection (b-1), the
The
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Secretary of State shall renew, reissue or reinstate a
driver's | ||
driving privileges which were previously refused pursuant to | ||
this
Section upon presentation of an original receipt which is | ||
signed by the
clerk of the court and contains the seal of the | ||
court indicating that the
fine, penalty, or cost has been paid | ||
in full. The Secretary of State
shall retain
such receipt for | ||
his records.
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(Source: P.A. 93-788, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2006.
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