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Illinois House Bill HB1017

Illinois 2023-2024 Regular Session

Illinois House Bill HB1017 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1017 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e625 ILCS 5/16-109 new Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that, upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert the amount due into court-approved public community service; or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date. Defines "minor traffic offense". Makes conforming changes. LRB103 04877 HEP 49887 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1017 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e625 ILCS 5/16-109 new 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e 625 ILCS 5/16-109 new Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that, upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert the amount due into court-approved public community service; or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date. Defines "minor traffic offense". Makes conforming changes. LRB103 04877 HEP 49887 b LRB103 04877 HEP 49887 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1017 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e625 ILCS 5/16-109 new 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e 625 ILCS 5/16-109 new
44 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
55 625 ILCS 5/16-104e
66 625 ILCS 5/16-109 new
77 Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that, upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert the amount due into court-approved public community service; or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date. Defines "minor traffic offense". Makes conforming changes.
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1313 1 AN ACT concerning transportation.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 1. Legislative intent. It is the intent of this
1717 5 Act to provide economic relief to persons who need assistance
1818 6 in paying off debts incurred due to minor traffic offense
1919 7 tickets. The General Assembly recognizes that possessing a
2020 8 driver's license in this State is a privilege; however, it
2121 9 also recognizes that persons should not be deprived of the
2222 10 opportunity to provide for themselves or their families
2323 11 because of a suspended driver's license or increased debt from
2424 12 failure to pay fines and costs on traffic violation tickets.
2525 13 Section 5. The Illinois Vehicle Code is amended by
2626 14 changing Sections 6-204 and 16-104e and by adding Section
2727 15 16-109 as follows:
2828 16 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
2929 17 Sec. 6-204. When court to forward license and reports.
3030 18 (a) For the purpose of providing to the Secretary of State
3131 19 the records essential to the performance of the Secretary's
3232 20 duties under this Code to cancel, revoke or suspend the
3333 21 driver's license and privilege to drive motor vehicles of
3434 22 certain minors and of persons found guilty of the criminal
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1017 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3939 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e625 ILCS 5/16-109 new 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204 625 ILCS 5/16-104e 625 ILCS 5/16-109 new
4040 625 ILCS 5/6-204 from Ch. 95 1/2, par. 6-204
4141 625 ILCS 5/16-104e
4242 625 ILCS 5/16-109 new
4343 Amends the Illinois Vehicle Code. Creates a traffic ticket fine waiver program available to a defendant who is in default or is unable to pay required fines, fees, costs, or court assessments, or who has a suspended driver's license, resulting from a minor traffic offense under the Code or a similar provision of a local ordinance. Provides that, upon submission of the application to enter into the program, the court shall grant the defendant (1) the ability to convert the amount due into court-approved public community service; or (2) a partial obligation waiver. Provides that the program shall apply only to a defendant convicted of a minor traffic offense committed no earlier than 2 years before the effective date. Defines "minor traffic offense". Makes conforming changes.
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7373 1 offenses or traffic violations which this Code recognizes as
7474 2 evidence relating to unfitness to safely operate motor
7575 3 vehicles, the following duties are imposed upon public
7676 4 officials:
7777 5 (1) Whenever any person is convicted of any offense
7878 6 for which this Code makes mandatory the cancellation or
7979 7 revocation of the driver's license or permit of such
8080 8 person by the Secretary of State, the judge of the court in
8181 9 which such conviction is had shall require the surrender
8282 10 to the clerk of the court of all driver's licenses or
8383 11 permits then held by the person so convicted, and the
8484 12 clerk of the court shall, within 5 days thereafter,
8585 13 forward the same, together with a report of such
8686 14 conviction, to the Secretary.
8787 15 (2) Whenever any person is convicted of any offense
8888 16 under this Code or similar offenses under a municipal
8989 17 ordinance, other than regulations governing standing,
9090 18 parking or weights of vehicles, and excepting the
9191 19 following enumerated Sections of this Code: Sections
9292 20 11-1406 (obstruction to driver's view or control), 11-1407
9393 21 (improper opening of door into traffic), 11-1410 (coasting
9494 22 on downgrade), 11-1411 (following fire apparatus),
9595 23 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
9696 24 vehicle which is in unsafe condition or improperly
9797 25 equipped), 12-201(a) (daytime lights on motorcycles),
9898 26 12-202 (clearance, identification and side marker lamps),
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109109 1 12-204 (lamp or flag on projecting load), 12-205 (failure
110110 2 to display the safety lights required), 12-401
111111 3 (restrictions as to tire equipment), 12-502 (mirrors),
112112 4 12-503 (windshields must be unobstructed and equipped with
113113 5 wipers), 12-601 (horns and warning devices), 12-602
114114 6 (mufflers, prevention of noise or smoke), 12-603 (seat
115115 7 safety belts), 12-702 (certain vehicles to carry flares or
116116 8 other warning devices), 12-703 (vehicles for oiling roads
117117 9 operated on highways), 12-710 (splash guards and
118118 10 replacements), 13-101 (safety tests), 15-101 (size, weight
119119 11 and load), 15-102 (width), 15-103 (height), 15-104 (name
120120 12 and address on second division vehicles), 15-107 (length
121121 13 of vehicle), 15-109.1 (cover or tarpaulin), 15-111
122122 14 (weights), 15-112 (weights), 15-301 (weights), 15-316
123123 15 (weights), 15-318 (weights), and also excepting the
124124 16 following enumerated Sections of the Chicago Municipal
125125 17 Code: Sections 27-245 (following fire apparatus), 27-254
126126 18 (obstruction of traffic), 27-258 (driving vehicle which is
127127 19 in unsafe condition), 27-259 (coasting on downgrade),
128128 20 27-264 (use of horns and signal devices), 27-265
129129 21 (obstruction to driver's view or driver mechanism), 27-267
130130 22 (dimming of headlights), 27-268 (unattended motor
131131 23 vehicle), 27-272 (illegal funeral procession), 27-273
132132 24 (funeral procession on boulevard), 27-275 (driving freight
133133 25 hauling vehicles on boulevard), 27-276 (stopping and
134134 26 standing of buses or taxicabs), 27-277 (cruising of public
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145145 1 passenger vehicles), 27-305 (parallel parking), 27-306
146146 2 (diagonal parking), 27-307 (parking not to obstruct
147147 3 traffic), 27-308 (stopping, standing or parking
148148 4 regulated), 27-311 (parking regulations), 27-312 (parking
149149 5 regulations), 27-313 (parking regulations), 27-314
150150 6 (parking regulations), 27-315 (parking regulations),
151151 7 27-316 (parking regulations), 27-317 (parking
152152 8 regulations), 27-318 (parking regulations), 27-319
153153 9 (parking regulations), 27-320 (parking regulations),
154154 10 27-321 (parking regulations), 27-322 (parking
155155 11 regulations), 27-324 (loading and unloading at an angle),
156156 12 27-333 (wheel and axle loads), 27-334 (load restrictions
157157 13 in the downtown district), 27-335 (load restrictions in
158158 14 residential areas), 27-338 (width of vehicles), 27-339
159159 15 (height of vehicles), 27-340 (length of vehicles), 27-352
160160 16 (reflectors on trailers), 27-353 (mufflers), 27-354
161161 17 (display of plates), 27-355 (display of city vehicle tax
162162 18 sticker), 27-357 (identification of vehicles), 27-358
163163 19 (projecting of loads), and also excepting the following
164164 20 enumerated paragraphs of Section 2-201 of the Rules and
165165 21 Regulations of the Illinois State Toll Highway Authority:
166166 22 (l) (driving unsafe vehicle on tollway), (m) (vehicles
167167 23 transporting dangerous cargo not properly indicated), it
168168 24 shall be the duty of the clerk of the court in which such
169169 25 conviction is had within 5 days thereafter to forward to
170170 26 the Secretary of State a report of the conviction and the
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181181 1 court may recommend the suspension of the driver's license
182182 2 or permit of the person so convicted.
183183 3 The reporting requirements of this subsection shall
184184 4 apply to all violations stated in paragraphs (1) and (2)
185185 5 of this subsection when the individual has been
186186 6 adjudicated under the Juvenile Court Act or the Juvenile
187187 7 Court Act of 1987. Such reporting requirements shall also
188188 8 apply to individuals adjudicated under the Juvenile Court
189189 9 Act or the Juvenile Court Act of 1987 who have committed a
190190 10 violation of Section 11-501 of this Code, or similar
191191 11 provision of a local ordinance, or Section 9-3 of the
192192 12 Criminal Code of 1961 or the Criminal Code of 2012,
193193 13 relating to the offense of reckless homicide, or Section
194194 14 5-7 of the Snowmobile Registration and Safety Act or
195195 15 Section 5-16 of the Boat Registration and Safety Act,
196196 16 relating to the offense of operating a snowmobile or a
197197 17 watercraft while under the influence of alcohol, other
198198 18 drug or drugs, intoxicating compound or compounds, or
199199 19 combination thereof. These reporting requirements also
200200 20 apply to individuals adjudicated under the Juvenile Court
201201 21 Act of 1987 based on any offense determined to have been
202202 22 committed in furtherance of the criminal activities of an
203203 23 organized gang, as provided in Section 5-710 of that Act,
204204 24 if those activities involved the operation or use of a
205205 25 motor vehicle. It shall be the duty of the clerk of the
206206 26 court in which adjudication is had within 5 days
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217217 1 thereafter to forward to the Secretary of State a report
218218 2 of the adjudication and the court order requiring the
219219 3 Secretary of State to suspend the minor's driver's license
220220 4 and driving privilege for such time as determined by the
221221 5 court, but only until he or she attains the age of 18
222222 6 years. All juvenile court dispositions reported to the
223223 7 Secretary of State under this provision shall be processed
224224 8 by the Secretary of State as if the cases had been
225225 9 adjudicated in traffic or criminal court. However,
226226 10 information reported relative to the offense of reckless
227227 11 homicide, or Section 11-501 of this Code, or a similar
228228 12 provision of a local ordinance, shall be privileged and
229229 13 available only to the Secretary of State, courts, and
230230 14 police officers.
231231 15 The reporting requirements of this subsection (a)
232232 16 apply to all violations listed in paragraphs (1) and (2)
233233 17 of this subsection (a), excluding parking violations, when
234234 18 the driver holds a CLP or CDL, regardless of the type of
235235 19 vehicle in which the violation occurred, or when any
236236 20 driver committed the violation in a commercial motor
237237 21 vehicle as defined in Section 6-500 of this Code.
238238 22 (3) Whenever an order is entered revoking pretrial
239239 23 release given to secure appearance for any offense under
240240 24 this Code or similar offenses under municipal ordinance,
241241 25 it shall be the duty of the clerk of the court in which
242242 26 such revocation was had or the judge of such court if such
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253253 1 court has no clerk, within 5 days thereafter to forward to
254254 2 the Secretary of State a report of the revocation.
255255 3 (4) A report of any disposition of court supervision
256256 4 for a violation of Sections 6-303, 11-401, 11-501 or a
257257 5 similar provision of a local ordinance, 11-503, 11-504,
258258 6 and 11-506 of this Code, Section 5-7 of the Snowmobile
259259 7 Registration and Safety Act, and Section 5-16 of the Boat
260260 8 Registration and Safety Act shall be forwarded to the
261261 9 Secretary of State. A report of any disposition of court
262262 10 supervision for a violation of an offense defined as a
263263 11 serious traffic violation in this Code or a similar
264264 12 provision of a local ordinance committed by a person under
265265 13 the age of 21 years shall be forwarded to the Secretary of
266266 14 State.
267267 15 (5) Reports of conviction under this Code and
268268 16 sentencing hearings under the Juvenile Court Act of 1987
269269 17 in an electronic format or a computer processible medium
270270 18 shall be forwarded to the Secretary of State via the
271271 19 Supreme Court in the form and format required by the
272272 20 Illinois Supreme Court and established by a written
273273 21 agreement between the Supreme Court and the Secretary of
274274 22 State. In counties with a population over 300,000, instead
275275 23 of forwarding reports to the Supreme Court, reports of
276276 24 conviction under this Code and sentencing hearings under
277277 25 the Juvenile Court Act of 1987 in an electronic format or a
278278 26 computer processible medium may be forwarded to the
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289289 1 Secretary of State by the Circuit Court Clerk in a form and
290290 2 format required by the Secretary of State and established
291291 3 by written agreement between the Circuit Court Clerk and
292292 4 the Secretary of State. Failure to forward the reports of
293293 5 conviction or sentencing hearing under the Juvenile Court
294294 6 Act of 1987 as required by this Section shall be deemed an
295295 7 omission of duty and it shall be the duty of the several
296296 8 State's Attorneys to enforce the requirements of this
297297 9 Section.
298298 10 (b) Whenever a restricted driving permit is forwarded to a
299299 11 court, as a result of confiscation by a police officer
300300 12 pursuant to the authority in Section 6-113(f), it shall be the
301301 13 duty of the clerk, or judge, if the court has no clerk, to
302302 14 forward such restricted driving permit and a facsimile of the
303303 15 officer's citation to the Secretary of State as expeditiously
304304 16 as practicable.
305305 17 (c) For the purposes of this Code, a revocation of
306306 18 pretrial release that has not been vacated, or the failure of a
307307 19 defendant to appear for trial after depositing his driver's
308308 20 license, shall be equivalent to a conviction.
309309 21 (d) For the purpose of providing the Secretary of State
310310 22 with records necessary to properly monitor and assess driver
311311 23 performance and assist the courts in the proper disposition of
312312 24 repeat traffic law offenders, the clerk of the court shall
313313 25 forward to the Secretary of State, on a form prescribed by the
314314 26 Secretary, records of a driver's participation in a driver
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325325 1 remedial or rehabilitative program which was required, through
326326 2 a court order or court supervision, in relation to the
327327 3 driver's arrest for a violation of Section 11-501 of this Code
328328 4 or a similar provision of a local ordinance. The clerk of the
329329 5 court shall also forward to the Secretary, either on paper or
330330 6 in an electronic format or a computer processible medium as
331331 7 required under paragraph (5) of subsection (a) of this
332332 8 Section, any disposition of court supervision for any traffic
333333 9 violation, excluding those offenses listed in paragraph (2) of
334334 10 subsection (a) of this Section. These reports shall be sent
335335 11 within 5 days after disposition, or, if the driver is referred
336336 12 to a driver remedial or rehabilitative program, within 5 days
337337 13 of the driver's referral to that program. These reports
338338 14 received by the Secretary of State, including those required
339339 15 to be forwarded under paragraph (a)(4), shall be privileged
340340 16 information, available only (i) to the affected driver, (ii)
341341 17 to the parent or guardian of a person under the age of 18 years
342342 18 holding an instruction permit or a graduated driver's license,
343343 19 and (iii) for use by the courts, police officers, prosecuting
344344 20 authorities, the Secretary of State, and the driver licensing
345345 21 administrator of any other state. In accordance with 49 C.F.R.
346346 22 Part 384, all reports of court supervision, except violations
347347 23 related to parking, shall be forwarded to the Secretary of
348348 24 State for all holders of a CLP or CDL or any driver who commits
349349 25 an offense while driving a commercial motor vehicle. These
350350 26 reports shall be recorded to the driver's record as a
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361361 1 conviction for use in the disqualification of the driver's
362362 2 commercial motor vehicle privileges and shall not be
363363 3 privileged information.
364364 4 (e) For purposes of reinstating a suspended or revoked
365365 5 driver's license, the clerk of court shall immediately notify
366366 6 the Secretary of a driver's participation in a traffic ticket
367367 7 fine waiver program under Section 16-109 of this Code.
368368 8 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
369369 9 102-1104, eff. 1-1-23.)
370370 10 (625 ILCS 5/16-104e)
371371 11 Sec. 16-104e. Minimum penalty for traffic offenses. Except
372372 12 as provided under Section 16-109 of this Code or unless Unless
373373 13 otherwise disposed of prior to a court appearance in the same
374374 14 matter under Supreme Court Rule 529, a person who, after a
375375 15 court appearance in the same matter, is found guilty of or
376376 16 pleads guilty to, including any person receiving a disposition
377377 17 of court supervision, a violation of this Code or a similar
378378 18 provision of a local ordinance shall pay a fine that may not be
379379 19 waived. Nothing in this Section shall prevent the court from
380380 20 ordering that the fine be paid within a specified period of
381381 21 time or in installments under Section 5-9-1 of the Unified
382382 22 Code of Corrections.
383383 23 (Source: P.A. 96-1462, eff. 1-1-11.)
384384 24 (625 ILCS 5/16-109 new)
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395395 1 Sec. 16-109. Traffic ticket fine waiver program.
396396 2 (a) As used in this Section, "minor traffic offense" means
397397 3 a petty offense or a business offense committed under this
398398 4 Code or a similar provision of a local ordinance.
399399 5 (b) A defendant who is in default or is unable to pay
400400 6 required fines, fees, costs, or court assessments, or who has
401401 7 a suspended driver's license, resulting from a minor traffic
402402 8 offense under this Code or a similar provision of a local
403403 9 ordinance, may petition the court having jurisdiction over the
404404 10 defendant's case to enter into a traffic ticket fine waiver
405405 11 program.
406406 12 (c) This Section applies only to a defendant who pleads
407407 13 guilty to or is convicted of a minor traffic offense committed
408408 14 no earlier than 2 years before the effective date of this
409409 15 amendatory Act of the 103rd General Assembly.
410410 16 (d) An application under this Section shall be in writing
411411 17 and signed by the defendant or, if the defendant is a minor or
412412 18 person under legal disability, by another person having
413413 19 knowledge of the facts. The contents of the application and
414414 20 the procedure for deciding applications may be established by
415415 21 Supreme Court Rule.
416416 22 (e) The court shall immediately notify the Secretary of
417417 23 State of the defendant's participation in the program and the
418418 24 Secretary shall, if applicable, reinstate the defendant's
419419 25 suspended or revoked driver's license.
420420 26 (f) Upon submission of the application to enter into the
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431431 1 program, the court shall grant the defendant:
432432 2 (1) the ability to convert the amount due into
433433 3 court-approved public or community service, for which one
434434 4 hour of public or community service shall be equivalent to
435435 5 $10 of the amount due; or
436436 6 (2) a partial obligation waiver as follows:
437437 7 (A) 50% of the total amount due shall be waived for
438438 8 any defendant who submits the application; or
439439 9 (B) 80% of the total amount due shall be waived for
440440 10 any defendant who:
441441 11 (i) has an available income that is 125% or
442442 12 less of the current poverty level as established
443443 13 by the United States Department of Health and
444444 14 Human Services; or
445445 15 (ii) is receiving assistance under one or more
446446 16 of the following means-based governmental public
447447 17 benefits programs: Supplemental Security Income;
448448 18 Aid to the Aged, Blind, and Disabled; Temporary
449449 19 Assistance for Needy Families; Supplemental
450450 20 Nutrition Assistance Program; General Assistance;
451451 21 Transitional Assistance; or State Children and
452452 22 Family Assistance.
453453 23 (g) The Secretary of State shall provide information on
454454 24 the traffic ticket fine waiver program on its website. The
455455 25 clerk of court shall provide the application to a defendant
456456 26 upon request.
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