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91_HB1931
LRB9104181KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-204.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-204 as follows:
7 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
8 Sec. 6-204. When Court to forward License and Reports.
9 (a) For the purpose of providing to the Secretary of
10 State the records essential to the performance of the
11 Secretary's duties under this Code to cancel, revoke or
12 suspend the driver's license and privilege to drive motor
13 vehicles of certain minors adjudicated truant minors in need
14 of supervision, addicted, or delinquent and of persons found
15 guilty of the criminal offenses or traffic violations which
16 this Code recognizes as evidence relating to unfitness to
17 safely operate motor vehicles, the following duties are
18 imposed upon public officials:
19 1. Whenever any person is convicted of any offense
20 for which this Code makes mandatory the cancellation or
21 revocation of the driver's license or permit of such
22 person by the Secretary of State, except for revocation
23 pursuant to paragraph 3 of subsection (a) of Section
24 6-205, the judge of the court in which such conviction is
25 had shall require the surrender to the clerk of the court
26 of all driver's licenses or permits then held by the
27 person so convicted, and the clerk of the court shall,
28 within 10 days thereafter, forward the same, together
29 with a report of such conviction, to the Secretary.
30 2. Whenever any person is convicted of any offense
31 under this Code or similar offenses under a municipal
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1 ordinance, other than regulations governing standing,
2 parking or weights of vehicles, and excepting the
3 following enumerated Sections of this Code: Sections
4 11-1406 (obstruction to driver's view or control),
5 11-1407 (improper opening of door into traffic), 11-1410
6 (coasting on downgrade), 11-1411 (following fire
7 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
8 (driving vehicle which is in unsafe condition or
9 improperly equipped), 12-201(a) (daytime lights on
10 motorcycles), 12-202 (clearance, identification and side
11 marker lamps), 12-204 (lamp or flag on projecting load),
12 12-205 (failure to display the safety lights required),
13 12-401 (restrictions as to tire equipment), 12-502
14 (mirrors), 12-503 (windshields must be unobstructed and
15 equipped with wipers), 12-601 (horns and warning
16 devices), 12-602 (mufflers, prevention of noise or
17 smoke), 12-603 (seat safety belts), 12-702 (certain
18 vehicles to carry flares or other warning devices),
19 12-703 (vehicles for oiling roads operated on highways),
20 12-710 (splash guards and replacements), 13-101 (safety
21 tests), 15-101 (size, weight and load), 15-102 (width),
22 15-103 (height), 15-104 (name and address on second
23 division vehicles), 15-107 (length of vehicle), 15-109.1
24 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
25 15-301 (weights), 15-316 (weights), 15-318 (weights), and
26 also excepting the following enumerated Sections of the
27 Chicago Municipal Code: Sections 27-245 (following fire
28 apparatus), 27-254 (obstruction of traffic), 27-258
29 (driving vehicle which is in unsafe condition), 27-259
30 (coasting on downgrade), 27-264 (use of horns and signal
31 devices), 27-265 (obstruction to driver's view or driver
32 mechanism), 27-267 (dimming of headlights), 27-268
33 (unattended motor vehicle), 27-272 (illegal funeral
34 procession), 27-273 (funeral procession on boulevard),
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1 27-275 (driving freighthauling vehicles on boulevard),
2 27-276 (stopping and standing of buses or taxicabs),
3 27-277 (cruising of public passenger vehicles), 27-305
4 (parallel parking), 27-306 (diagonal parking), 27-307
5 (parking not to obstruct traffic), 27-308 (stopping,
6 standing or parking regulated), 27-311 (parking
7 regulations), 27-312 (parking regulations), 27-313
8 (parking regulations), 27-314 (parking regulations),
9 27-315 (parking regulations), 27-316 (parking
10 regulations), 27-317 (parking regulations), 27-318
11 (parking regulations), 27-319 (parking regulations),
12 27-320 (parking regulations), 27-321 (parking
13 regulations), 27-322 (parking regulations), 27-324
14 (loading and unloading at an angle), 27-333 (wheel and
15 axle loads), 27-334 (load restrictions in the downtown
16 district), 27-335 (load restrictions in residential
17 areas), 27-338 (width of vehicles), 27-339 (height of
18 vehicles), 27-340 (length of vehicles), 27-352
19 (reflectors on trailers), 27-353 (mufflers), 27-354
20 (display of plates), 27-355 (display of city vehicle tax
21 sticker), 27-357 (identification of vehicles), 27-358
22 (projecting of loads), and also excepting the following
23 enumerated paragraphs of Section 2-201 of the Rules and
24 Regulations of the Illinois State Toll Highway Authority:
25 (l) (driving unsafe vehicle on tollway), (m) (vehicles
26 transporting dangerous cargo not properly indicated), it
27 shall be the duty of the clerk of the court in which such
28 conviction is had within 10 days thereafter to forward to
29 the Secretary of State a report of the conviction and the
30 court may recommend the suspension of the driver's
31 license or permit of the person so convicted.
32 The reporting requirements of this subsection shall apply
33 to all violations stated in paragraphs 1 and 2 of this
34 subsection when the individual has been adjudicated under the
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1 Juvenile Court Act or the Juvenile Court Act of 1987. Such
2 reporting requirements shall also apply to individuals
3 adjudicated under the Juvenile Court Act or the Juvenile
4 Court Act of 1987 who have committed a violation of Section
5 11-501 of this Code, or similar provision of a local
6 ordinance, or Section 9-3 of the Criminal Code of 1961, as
7 amended, relating to the offense of reckless homicide. The
8 reporting requirements of this subsection shall also apply to
9 a truant minor in need of supervision, an addicted minor, or
10 a delinquent minor and whose driver's license and privilege
11 to drive a motor vehicle has been ordered suspended for such
12 times as determined by the Court, but only until he or she
13 attains 18 years of age. It shall be the duty of the clerk
14 of the court in which adjudication is had within 10 days
15 thereafter to forward to the Secretary of State a report of
16 the adjudication and the court order requiring the Secretary
17 of State to suspend the minor's driver's license and driving
18 privilege for such time as determined by the Court, but only
19 until he or she attains the age of 18 years. All juvenile
20 court dispositions reported to the Secretary of State under
21 this provision shall be processed by the Secretary of State
22 as if the cases had been adjudicated in traffic or criminal
23 court. However, information reported relative to the offense
24 of reckless homicide, or Section 11-501 of this Code, or a
25 similar provision of a local ordinance, shall be privileged
26 and available only to the Secretary of State, courts, and
27 police officers.
28 3. Whenever an order is entered vacating the
29 forfeiture of any bail, security or bond given to secure
30 appearance for any offense under this Code or similar
31 offenses under municipal ordinance, it shall be the duty
32 of the clerk of the court in which such vacation was had
33 or the judge of such court if such court has no clerk,
34 within 10 days thereafter to forward to the Secretary of
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1 State a report of the vacation.
2 4. A report of any disposition of court supervision
3 for a violation of Sections 6-303, 11-401, 11-501 or a
4 similar provision of a local ordinance, 11-503 and 11-504
5 shall be forwarded to the Secretary of State. A report of
6 any disposition of court supervision for a violation of
7 an offense defined as a serious traffic violation in this
8 Code or a similar provision of a local ordinance
9 committed by a person under the age of 21 years shall be
10 forwarded to the Secretary of State.
11 5. Reports of conviction and sentencing hearing
12 under the Juvenile Court Act of 1987 in a computer
13 processible medium shall be forwarded to the Secretary of
14 State via the Supreme Court in the form and format
15 required by the Illinois Supreme Court and established by
16 a written agreement between the Supreme Court and the
17 Secretary of State. In counties with a population over
18 300,000, instead of forwarding reports to the Supreme
19 Court, reports of conviction and sentencing hearing under
20 the Juvenile Court Act of 1987 in a computer processible
21 medium may be forwarded to the Secretary of State by the
22 Circuit Court Clerk in a form and format required by the
23 Secretary of State and established by written agreement
24 between the Circuit Court Clerk and the Secretary of
25 State. Failure to forward the reports of conviction or
26 sentencing hearing under the Juvenile Court Act of 1987
27 as required by this Section shall be deemed an omission
28 of duty and it shall be the duty of the several State's
29 Attorneys to enforce the requirements of this Section.
30 6. Whenever a person is convicted in this State of
31 a felony in the commission of which a motor vehicle was
32 used, the judge of the court in which the conviction
33 occurs shall order the surrender to the State's Attorney
34 of all driver's licenses or permits then held by the
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1 person so convicted, and the State's Attorney shall,
2 within 10 days of the court order, forward the
3 information, together with a report of the conviction, to
4 the Secretary.
5 (b) Whenever a restricted driving permit is forwarded to
6 a court, as a result of confiscation by a police officer
7 pursuant to the authority in Section 6-113(f), it shall be
8 the duty of the clerk, or judge, if the court has no clerk,
9 to forward such restricted driving permit and a facsimile of
10 the officer's citation to the Secretary of State as
11 expeditiously as practicable.
12 (c) For the purposes of this Code, a forfeiture of bail
13 or collateral deposited to secure a defendant's appearance in
14 court when forfeiture has not been vacated, or the failure of
15 a defendant to appear for trial after depositing his driver's
16 license in lieu of other bail, shall be equivalent to a
17 conviction.
18 (d) For the purpose of providing the Secretary of State
19 with records necessary to properly monitor and assess driver
20 performance and assist the courts in the proper disposition
21 of repeat traffic law offenders, the clerk of the court shall
22 forward to the Secretary of State, on a form prescribed by
23 the Secretary, records of driver's participation in a driver
24 remedial or rehabilitative program which was required,
25 through a court order or court supervision, in relation to
26 the driver's arrest for a violation of Section 11-501 of this
27 Code or a similar provision of a local ordinance. Such
28 reports shall be sent within 10 days after the driver's
29 referral to such driver remedial or rehabilitative program.
30 Such reports, including those required to be forwarded under
31 subsection 4 of paragraph (a), shall be recorded to the
32 driver's file, but shall not be released to any outside
33 source, except the affected driver, and shall be used only to
34 assist in assessing driver performance and for the purpose of
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1 informing the courts that such driver has been previously
2 assigned court supervision or referred to a driver's remedial
3 or rehabilitative program.
4 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
5 revised 9-16-98.)