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91_HB1931eng HB1931 Engrossed 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 HB1931 Engrossed -2- LRB9104181KSgc 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), HB1931 Engrossed -3- LRB9104181KSgc 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 HB1931 Engrossed -4- LRB9104181KSgc 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 HB1931 Engrossed -5- LRB9104181KSgc 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 HB1931 Engrossed -6- LRB9104181KSgc 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 HB1931 Engrossed -7- LRB9104181KSgc 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.)