Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1317 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1317 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 Amends the Illinois Vehicle Code. Deletes a provision that allows the Secretary of State to decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under the Code and is not paid upon reasonable notice and demand. Provides that whenever a person fails to appear in court and the court continues the case, the clerk of the court shall also send notice of the continued court date to the person's email address and shall send a text message to the person's last known cellular telephone number. Provides that if the person does not have a cellular telephone number, the clerk of the court shall telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes provisions that provide that if the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. Amends the Unified Code of Corrections. Deletes provisions that provide that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest. Effective immediately. LRB103 27019 MXP 53386 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1317 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 Amends the Illinois Vehicle Code. Deletes a provision that allows the Secretary of State to decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under the Code and is not paid upon reasonable notice and demand. Provides that whenever a person fails to appear in court and the court continues the case, the clerk of the court shall also send notice of the continued court date to the person's email address and shall send a text message to the person's last known cellular telephone number. Provides that if the person does not have a cellular telephone number, the clerk of the court shall telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes provisions that provide that if the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. Amends the Unified Code of Corrections. Deletes provisions that provide that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest. Effective immediately. LRB103 27019 MXP 53386 b LRB103 27019 MXP 53386 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1317 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
4	4	625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
5	5	625 ILCS 5/6-308
6	6	730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
7	7	Amends the Illinois Vehicle Code. Deletes a provision that allows the Secretary of State to decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under the Code and is not paid upon reasonable notice and demand. Provides that whenever a person fails to appear in court and the court continues the case, the clerk of the court shall also send notice of the continued court date to the person's email address and shall send a text message to the person's last known cellular telephone number. Provides that if the person does not have a cellular telephone number, the clerk of the court shall telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes provisions that provide that if the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. Amends the Unified Code of Corrections. Deletes provisions that provide that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest. Effective immediately.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning courts.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Illinois Vehicle Code is amended by
17	17	5 changing Sections 6-115 and 6-308 as follows:
18	18	6 (625 ILCS 5/6-115) (from Ch. 95 1/2, par. 6-115)
19	19	7 Sec. 6-115. Expiration of driver's license.
20	20	8 (a) Except as provided elsewhere in this Section, every
21	21	9 driver's license issued under the provisions of this Code
22	22	10 shall expire 4 years from the date of its issuance, or at such
23	23	11 later date, as the Secretary of State may by proper rule and
24	24	12 regulation designate, not to exceed 12 calendar months; in the
25	25	13 event that an applicant for renewal of a driver's license
26	26	14 fails to apply prior to the expiration date of the previous
27	27	15 driver's license, the renewal driver's license shall expire 4
28	28	16 years from the expiration date of the previous driver's
29	29	17 license, or at such later date as the Secretary of State may by
30	30	18 proper rule and regulation designate, not to exceed 12
31	31	19 calendar months.
32	32	20 The Secretary of State may, however, issue to a person not
33	33	21 previously licensed as a driver in Illinois a driver's license
34	34	22 which will expire not less than 4 years nor more than 5 years
35	35	23 from date of issuance, except as provided elsewhere in this
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1317 Introduced 2/6/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
40	40	625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
41	41	625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
42	42	625 ILCS 5/6-308
43	43	730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
44	44	Amends the Illinois Vehicle Code. Deletes a provision that allows the Secretary of State to decline to process a renewal of a driver's license of any person who has not paid any fee or tax due under the Code and is not paid upon reasonable notice and demand. Provides that whenever a person fails to appear in court and the court continues the case, the clerk of the court shall also send notice of the continued court date to the person's email address and shall send a text message to the person's last known cellular telephone number. Provides that if the person does not have a cellular telephone number, the clerk of the court shall telephone the person regarding the continued court date at the person's last known non-cellular telephone number. Deletes provisions that provide that if the person does not appear in court on or before the continued court date or satisfy the court that the person's appearance in and surrender to the court is impossible for no fault of the person, the court shall enter an order of failure to appear. Amends the Unified Code of Corrections. Deletes provisions that provide that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest. Effective immediately.
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47	47	A BILL FOR
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53	53	625 ILCS 5/6-115 from Ch. 95 1/2, par. 6-115
54	54	625 ILCS 5/6-308
55	55	730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
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74	74	1 Section.
75	75	2 (a-5) Every driver's license issued under this Code to an
76	76	3 applicant who is not a United States citizen or permanent
77	77	4 resident, or an individual who has an approved application for
78	78	5 asylum in the United States or has entered the United States in
79	79	6 refugee status, shall expire on whichever is the earlier date
80	80	7 of the following:
81	81	8 (1) as provided under subsection (a), (f), (g), or (i)
82	82	9 of this Section;
83	83	10 (2) on the date the applicant's authorized stay in the
84	84	11 United States terminates; or
85	85	12 (3) if the applicant's authorized stay is indefinite
86	86	13 and the applicant is applying for a Limited Term REAL ID
87	87	14 compliant driver's license, one year from the date of
88	88	15 issuance of the license.
89	89	16 (a-10) Every REAL ID compliant driver's license issued
90	90	17 under this Code to an applicant who is not a United States
91	91	18 citizen or permanent resident, or an individual who has an
92	92	19 approved application for asylum in the United States or has
93	93	20 entered the United States in refugee status, shall be marked
94	94	21 "Limited Term".
95	95	22 (b) Before the expiration of a driver's license, except
96	96	23 those licenses expiring on the individual's 21st birthday, or
97	97	24 3 months after the individual's 21st birthday, the holder
98	98	25 thereof may apply for a renewal thereof, subject to all the
99	99	26 provisions of Section 6-103, and the Secretary of State may
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110	110	1 require an examination of the applicant. A licensee whose
111	111	2 driver's license expires on his 21st birthday, or 3 months
112	112	3 after his 21st birthday, may not apply for a renewal of his
113	113	4 driving privileges until he reaches the age of 21.
114	114	5 (c) The Secretary of State shall, 30 days prior to the
115	115	6 expiration of a driver's license, forward to each person whose
116	116	7 license is to expire a notification of the expiration of said
117	117	8 license which may be presented at the time of renewal of said
118	118	9 license.
119	119	10 There may be included with such notification information
120	120	11 explaining the anatomical gift and Emergency Medical
121	121	12 Information Card provisions of Section 6-110. The format and
122	122	13 text of such information shall be prescribed by the Secretary.
123	123	14 There shall be included with such notification, for a
124	124	15 period of 4 years beginning January 1, 2000 information
125	125	16 regarding the Illinois Adoption Registry and Medical
126	126	17 Information Exchange established in Section 18.1 of the
127	127	18 Adoption Act.
128	128	19 (d) The Secretary may defer the expiration of the driver's
129	129	20 license of a licensee, spouse, and dependent children who are
130	130	21 living with such licensee while on active duty, serving in the
131	131	22 Armed Forces of the United States outside of the State of
132	132	23 Illinois, and 120 days thereafter, upon such terms and
133	133	24 conditions as the Secretary may prescribe.
134	134	25 (d-5) The Secretary may defer the expiration of the
135	135	26 driver's license of a licensee, or of a spouse or dependent
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146	146	1 children living with the licensee, serving as a civilian
147	147	2 employee of the United States Armed Forces or the United
148	148	3 States Department of Defense, outside of the State of
149	149	4 Illinois, and 120 days thereafter, upon such terms and
150	150	5 conditions as the Secretary may prescribe.
151	151	6 (e) (Blank). The Secretary of State may decline to process
152	152	7 a renewal of a driver's license of any person who has not paid
153	153	8 any fee or tax due under this Code and is not paid upon
154	154	9 reasonable notice and demand.
155	155	10 (f) The Secretary shall provide that each original or
156	156	11 renewal driver's license issued to a licensee under 21 years
157	157	12 of age shall expire 3 months after the licensee's 21st
158	158	13 birthday. Persons whose current driver's licenses expire on
159	159	14 their 21st birthday on or after January 1, 1986 shall not renew
160	160	15 their driver's license before their 21st birthday, and their
161	161	16 current driver's license will be extended for an additional
162	162	17 term of 3 months beyond their 21st birthday. Thereafter, the
163	163	18 expiration and term of the driver's license shall be governed
164	164	19 by subsection (a) hereof.
165	165	20 (g) The Secretary shall provide that each original or
166	166	21 renewal driver's license issued to a licensee 81 years of age
167	167	22 through age 86 shall expire 2 years from the date of issuance,
168	168	23 or at such later date as the Secretary may by rule and
169	169	24 regulation designate, not to exceed an additional 12 calendar
170	170	25 months. The Secretary shall also provide that each original or
171	171	26 renewal driver's license issued to a licensee 87 years of age
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182	182	1 or older shall expire 12 months from the date of issuance, or
183	183	2 at such later date as the Secretary may by rule and regulation
184	184	3 designate, not to exceed an additional 12 calendar months.
185	185	4 (h) The Secretary of State shall provide that each special
186	186	5 restricted driver's license issued under subsection (g) of
187	187	6 Section 6-113 of this Code shall expire 12 months from the date
188	188	7 of issuance. The Secretary shall adopt rules defining renewal
189	189	8 requirements.
190	190	9 (i) The Secretary of State shall provide that each
191	191	10 driver's license issued to a person convicted of a sex offense
192	192	11 as defined in Section 2 of the Sex Offender Registration Act
193	193	12 shall expire 12 months from the date of issuance or at such
194	194	13 date as the Secretary may by rule designate, not to exceed an
195	195	14 additional 12 calendar months. The Secretary may adopt rules
196	196	15 defining renewal requirements.
197	197	16 (Source: P.A. 101-185, eff. 1-1-20; 102-659, eff. 1-1-22.)
198	198	17 (625 ILCS 5/6-308)
199	199	18 Sec. 6-308. Procedures for traffic violations.
200	200	19 (a) Any person cited for violating this Code or a similar
201	201	20 provision of a local ordinance for which a violation is a petty
202	202	21 offense as defined by Section 5-1-17 of the Unified Code of
203	203	22 Corrections, excluding business offenses as defined by Section
204	204	23 5-1-2 of the Unified Code of Corrections or a violation of
205	205	24 Section 15-111 or subsection (d) of Section 3-401 of this
206	206	25 Code, shall not be required to sign the citation for his or her
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217	217	1 release. All other provisions of this Code or similar
218	218	2 provisions of local ordinances shall be governed by the
219	219	3 pretrial release provisions of the Illinois Supreme Court
220	220	4 Rules when it is not practical or feasible to take the person
221	221	5 before a judge to have conditions of pretrial release set or to
222	222	6 avoid undue delay because of the hour or circumstances.
223	223	7 (b) Whenever a person fails to appear in court, the court
224	224	8 may continue the case for a minimum of 30 days and the clerk of
225	225	9 the court shall send notice of the continued court date to the
226	226	10 person's last known address and email address and shall send a
227	227	11 text message to the person's last known cellular telephone
228	228	12 number. If the person does not have a cellular telephone
229	229	13 number, the clerk of the court shall telephone the person
230	230	14 regarding the continued court date at the person's last known
231	231	15 non-cellular telephone number. If the person does not appear
232	232	16 in court on or before the continued court date or satisfy the
233	233	17 court that the person's appearance in and surrender to the
234	234	18 court is impossible for no fault of the person, the court shall
235	235	19 enter an order of failure to appear. The clerk of the court
236	236	20 shall notify the Secretary of State, on a report prescribed by
237	237	21 the Secretary, of the court's order. The Secretary, when
238	238	22 notified by the clerk of the court that an order of failure to
239	239	23 appear has been entered, shall immediately suspend the
240	240	24 person's driver's license, which shall be designated by the
241	241	25 Secretary as a Failure to Appear suspension. The Secretary
242	242	26 shall not remove the suspension, nor issue any permit or
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253	253	1 privileges to the person whose license has been suspended,
254	254	2 until notified by the ordering court that the person has
255	255	3 appeared and resolved the violation. Upon compliance, the
256	256	4 clerk of the court shall present the person with a notice of
257	257	5 compliance containing the seal of the court, and shall notify
258	258	6 the Secretary that the person has appeared and resolved the
259	259	7 violation.
260	260	8 (c) Illinois Supreme Court Rules shall govern pretrial
261	261	9 release and appearance procedures when a person who is a
262	262	10 resident of another state that is not a member of the
263	263	11 Nonresident Violator Compact of 1977 is cited for violating
264	264	12 this Code or a similar provision of a local ordinance.
265	265	13 (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
266	266	14 Section 10. The Unified Code of Corrections is amended by
267	267	15 changing Section 5-9-3 as follows:
268	268	16 (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
269	269	17 Sec. 5-9-3. Default.
270	270	18 (a) (Blank). An offender who defaults in the payment of a
271	271	19 fine or any installment of that fine may be held in contempt
272	272	20 and imprisoned for nonpayment. The court may issue a summons
273	273	21 for his appearance or a warrant of arrest.
274	274	22 (b) (Blank). Unless the offender shows that his default
275	275	23 was not due to his intentional refusal to pay, or not due to a
276	276	24 failure on his part to make a good faith effort to pay, the
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287	287	1 court may order the offender imprisoned for a term not to
288	288	2 exceed 6 months if the fine was for a felony, or 30 days if the
289	289	3 fine was for a misdemeanor, a petty offense or a business
290	290	4 offense. Payment of the fine at any time will entitle the
291	291	5 offender to be released, but imprisonment under this Section
292	292	6 shall not satisfy the payment of the fine.
293	293	7 (c) (Blank). If it appears that the default in the payment
294	294	8 of a fine is not intentional under paragraph (b) of this
295	295	9 Section, the court may enter an order allowing the offender
296	296	10 additional time for payment, reducing the amount of the fine
297	297	11 or of each installment, or revoking the fine or the unpaid
298	298	12 portion.
299	299	13 (d) (Blank). When a fine is imposed on a corporation or
300	300	14 unincorporated organization or association, it is the duty of
301	301	15 the person or persons authorized to make disbursement of
302	302	16 assets, and their superiors, to pay the fine from assets of the
303	303	17 corporation or unincorporated organization or association. The
304	304	18 failure of such persons to do so shall render them subject to
305	305	19 proceedings under paragraphs (a) and (b) of this Section.
306	306	20 (e) A default in the payment of a fine, fee, cost, order of
307	307	21 restitution, judgment of bond forfeiture, judgment order of
308	308	22 forfeiture, or any installment thereof may be collected by any
309	309	23 and all means authorized for the collection of money
310	310	24 judgments. The State's Attorney of the county in which the
311	311	25 fine, fee, cost, order of restitution, judgment of bond
312	312	26 forfeiture, or judgment order of forfeiture was imposed may
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323	323	1 retain attorneys and private collection agents for the purpose
324	324	2 of collecting any default in payment of any fine, fee, cost,
325	325	3 order of restitution, judgment of bond forfeiture, judgment
326	326	4 order of forfeiture, or installment thereof. An additional fee
327	327	5 of 30% of the delinquent amount and each taxable court cost
328	328	6 including, without limitation, costs of service of process,
329	329	7 shall be charged to the offender for any amount of the fine,
330	330	8 fee, cost, restitution, or judgment of bond forfeiture or
331	331	9 installment of the fine, fee, cost, restitution, or judgment
332	332	10 of bond forfeiture that remains unpaid after the time fixed
333	333	11 for payment of the fine, fee, cost, restitution, or judgment
334	334	12 of bond forfeiture by the court. The additional fee shall be
335	335	13 payable to the State's Attorney in order to compensate the
336	336	14 State's Attorney for costs incurred in collecting the
337	337	15 delinquent amount. The State's Attorney may enter into
338	338	16 agreements assigning any portion of the fee to the retained
339	339	17 attorneys or the private collection agent retained by the
340	340	18 State's Attorney. Any agreement between the State's Attorney
341	341	19 and the retained attorneys or collection agents shall require
342	342	20 the approval of the Circuit Clerk of that county. A default in
343	343	21 payment of a fine, fee, cost, restitution, or judgment of bond
344	344	22 forfeiture shall draw interest at the rate of 9% per annum.
345	345	23 (Source: P.A. 98-373, eff. 1-1-14.)
346	346	24 Section 99. Effective date. This Act takes effect upon
347	347	25 becoming law.
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