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Full Text of HB5281

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HB5281 - 104th General Assembly

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HB5281 Engrossed
LRB104 20653 LNS 34150 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
References to Act.
This Act may be referred to
5
as the Protz-Liddy Act.

6

Section 5.
The Illinois Vehicle Code is amended by
7
changing Section 6-204 as follows:

8

(625 ILCS 5/6-204)

(from Ch. 95 1/2, par. 6-204)
9

Sec. 6-204.
When court to forward license and reports.
10

(a) For the purpose of providing to the Secretary of State
11
the records essential to the performance of the Secretary's
12
duties under this Code to cancel, revoke or suspend the
13
driver's license and privilege to drive motor vehicles of
14
certain minors and of persons found guilty of the criminal
15
offenses or traffic violations which this Code recognizes as
16
evidence relating to unfitness to safely operate motor
17
vehicles, the following duties are imposed upon public
18
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, the judge of the court in

HB5281 Engrossed
- 2 -
LRB104 20653 LNS 34150 b
1

which such conviction is had shall require the surrender
2

to the clerk of the court of all driver's licenses or
3

permits then held by the person so convicted, and the
4

clerk of the court shall, within 5 days thereafter,
5

forward the same, together with a report of such
6

conviction, to the Secretary.
7

(2) Whenever any person is convicted of any offense
8

under this Code or similar offenses under a municipal
9

ordinance, other than regulations governing standing,
10

parking or weights of vehicles, and excepting the
11

following enumerated Sections of this Code: Sections
12

11-1406 (obstruction to driver's view or control), 11-1407
13

(improper opening of door into traffic), 11-1410 (coasting
14

on downgrade), 11-1411 (following fire apparatus),
15

11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
16

vehicle which is in unsafe condition or improperly
17

equipped), 12-201(a) (daytime lights on motorcycles),
18

12-202 (clearance, identification and side marker lamps),
19

12-204 (lamp or flag on projecting load), 12-205 (failure
20

to display the safety lights required), 12-401
21

(restrictions as to tire equipment), 12-502 (mirrors),
22

12-503 (windshields must be unobstructed and equipped with
23

wipers), 12-601 (horns and warning devices), 12-602
24

(mufflers, prevention of noise or smoke), 12-603 (seat
25

safety belts), 12-702 (certain vehicles to carry flares or
26

other warning devices), 12-703 (vehicles for oiling roads

HB5281 Engrossed
- 3 -
LRB104 20653 LNS 34150 b
1

operated on highways), 12-710 (splash guards and
2

replacements), 13-101 (safety tests), 15-101 (size, weight
3

and load), 15-102 (width), 15-103 (height), 15-104 (name
4

and address on second division vehicles), 15-107 (length
5

of vehicle), 15-109.1 (cover or tarpaulin), 15-111
6

(weights), 15-112 (weights), 15-301 (weights), 15-316
7

(weights), 15-318 (weights), and also excepting the
8

following enumerated Sections of the Chicago Municipal
9

Code: Sections 27-245 (following fire apparatus), 27-254
10

(obstruction of traffic), 27-258 (driving vehicle which is
11

in unsafe condition), 27-259 (coasting on downgrade),
12

27-264 (use of horns and signal devices), 27-265
13

(obstruction to driver's view or driver mechanism), 27-267
14

(dimming of headlights), 27-268 (unattended motor
15

vehicle), 27-272 (illegal funeral procession), 27-273
16

(funeral procession on boulevard), 27-275 (driving freight
17

hauling vehicles on boulevard), 27-276 (stopping and
18

standing of buses or taxicabs), 27-277 (cruising of public
19

passenger vehicles), 27-305 (parallel parking), 27-306
20

(diagonal parking), 27-307 (parking not to obstruct
21

traffic), 27-308 (stopping, standing or parking
22

regulated), 27-311 (parking regulations), 27-312 (parking
23

regulations), 27-313 (parking regulations), 27-314
24

(parking regulations), 27-315 (parking regulations),
25

27-316 (parking regulations), 27-317 (parking
26

regulations), 27-318 (parking regulations), 27-319

HB5281 Engrossed
- 4 -
LRB104 20653 LNS 34150 b
1

(parking regulations), 27-320 (parking regulations),
2

27-321 (parking regulations), 27-322 (parking
3

regulations), 27-324 (loading and unloading at an angle),
4

27-333 (wheel and axle loads), 27-334 (load restrictions
5

in the downtown district), 27-335 (load restrictions in
6

residential areas), 27-338 (width of vehicles), 27-339
7

(height of vehicles), 27-340 (length of vehicles), 27-352
8

(reflectors on trailers), 27-353 (mufflers), 27-354
9

(display of plates), 27-355 (display of city vehicle tax
10

sticker), 27-357 (identification of vehicles), 27-358
11

(projecting of loads), and also excepting the following
12

enumerated paragraphs of Section 2-201 of the Rules and
13

Regulations of the Illinois State Toll Highway Authority:
14

(l) (driving unsafe vehicle on tollway), (m) (vehicles
15

transporting dangerous cargo not properly indicated), it
16

shall be the duty of the clerk of the court in which such
17

conviction is had within 5 days thereafter to forward to
18

the Secretary of State a report of the conviction and the
19

court may recommend the suspension of the driver's license
20

or permit of the person so convicted.
21

The reporting requirements of this subsection shall
22

apply to all violations stated in paragraphs (1) and (2)
23

of this subsection when the individual has been
24

adjudicated under the Juvenile Court Act or the Juvenile
25

Court Act of 1987. Such reporting requirements shall also
26

apply to individuals adjudicated under the Juvenile Court

HB5281 Engrossed
- 5 -
LRB104 20653 LNS 34150 b
1

Act or the Juvenile Court Act of 1987 who have committed a
2

violation of Section 11-501 of this Code, or similar
3

provision of a local ordinance, or Section 9-3 of the
4

Criminal Code of 1961 or the Criminal Code of 2012,
5

relating to the offense of reckless homicide, or Section
6

5-7 of the Snowmobile Registration and Safety Act or
7

Section 5-16 of the Boat Registration and Safety Act,
8

relating to the offense of operating a snowmobile or a
9

watercraft while under the influence of alcohol, other
10

drug or drugs, intoxicating compound or compounds, or
11

combination thereof. These reporting requirements also
12

apply to individuals adjudicated under the Juvenile Court
13

Act of 1987 based on any offense determined to have been
14

committed in furtherance of the criminal activities of an
15

organized gang, as provided in Section 5-710 of that Act,
16

if those activities involved the operation or use of a
17

motor vehicle. It shall be the duty of the clerk of the
18

court in which adjudication is had within 5 days
19

thereafter to forward to the Secretary of State a report
20

of the adjudication and the court order requiring the
21

Secretary of State to suspend the minor's driver's license
22

and driving privilege for such time as determined by the
23

court, but only until he or she attains the age of 18
24

years. All juvenile court dispositions reported to the
25

Secretary of State under this provision shall be processed
26

by the Secretary of State as if the cases had been

HB5281 Engrossed
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LRB104 20653 LNS 34150 b
1

adjudicated in traffic or criminal court. However,
2

information reported relative to the offense of reckless
3

homicide, or Section 11-501 of this Code, or a similar
4

provision of a local ordinance, shall be privileged and
5

available only to the Secretary of State, courts, and
6

police officers.
7

The reporting requirements of this subsection (a)
8

apply to all violations listed in paragraphs (1) and (2)
9

of this subsection (a), excluding parking violations, when
10

the driver holds a CLP or CDL, regardless of the type of
11

vehicle in which the violation occurred, or when any
12

driver committed the violation in a commercial motor
13

vehicle as defined in Section 6-500 of this Code.
14

(3) Whenever an order is entered revoking pretrial
15

release given to secure appearance for any offense under
16

this Code or similar offenses under municipal ordinance,
17

it shall be the duty of the clerk of the court in which
18

such revocation was had or the judge of such court if such
19

court has no clerk, within 5 days thereafter to forward to
20

the Secretary of State a report of the revocation.
21

(4) A report of any disposition of court supervision
22

for a violation of Sections 6-303, 11-401, 11-501 or a
23

similar provision of a local ordinance, 11-503, 11-504,
24

and 11-506 of this Code, Section 5-7 of the Snowmobile
25

Registration and Safety Act, and Section 5-16 of the Boat
26

Registration and Safety Act shall be forwarded to the

HB5281 Engrossed
- 7 -
LRB104 20653 LNS 34150 b
1

Secretary of State. A report of any disposition of court
2

supervision for a violation of an offense defined as a
3

serious traffic violation in this Code or a similar
4

provision of a local ordinance committed by a person under
5

the age of 21 years shall be forwarded to the Secretary of
6

State.
7

(5) Reports of conviction under this Code and
8

sentencing hearings under the Juvenile Court Act of 1987
9

in an electronic format or a computer processible medium
10

shall be forwarded to the Secretary of State via the
11

Supreme Court in the form and format required by the
12

Illinois Supreme Court and established by a written
13

agreement between the Supreme Court and the Secretary of
14

State. In counties with a population over 300,000, instead
15

of forwarding reports to the Supreme Court, reports of
16

conviction under this Code and sentencing hearings under
17

the Juvenile Court Act of 1987 in an electronic format or a
18

computer processible medium may be forwarded to the
19

Secretary of State by the Circuit Court Clerk in a form and
20

format required by the Secretary of State and established
21

by written agreement between the Circuit Court Clerk and
22

the Secretary of State. Failure to forward the reports of
23

conviction or sentencing hearing under the Juvenile Court
24

Act of 1987 as required by this Section shall be deemed an
25

omission of duty and it shall be the duty of the several
26

State's Attorneys to enforce the requirements of this

HB5281 Engrossed
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LRB104 20653 LNS 34150 b
1

Section.
2

(b) Whenever a restricted driving permit is forwarded to a
3
court, as a result of confiscation by a police officer
4
pursuant to the authority in Section 6-113(f), it shall be the
5
duty of the clerk, or judge, if the court has no clerk, to
6
forward such restricted driving permit and a facsimile of the
7
officer's citation to the Secretary of State as expeditiously
8
as practicable.
9

(c) For the purposes of this Code, a revocation of
10
pretrial release that has not been vacated, or the failure of a
11
defendant to appear for trial after depositing his driver's
12
license, shall be equivalent to a conviction.
13

(d) For the purpose of providing the Secretary of State
14
with records necessary to properly monitor and assess driver
15
performance and assist the courts in the proper disposition of
16
repeat traffic law offenders, the clerk of the court shall
17
forward to the Secretary of State, on a form prescribed by the
18
Secretary, records of a driver's participation in a driver
19
remedial or rehabilitative program which was required, through
20
a court order or court supervision, in relation to the
21
driver's arrest for a violation of Section 11-501 of this Code
22
or a similar provision of a local ordinance. The clerk of the
23
court shall also forward to the Secretary, either on paper or
24
in an electronic format or a computer processible medium as
25
required under paragraph (5) of subsection (a) of this
26
Section, any disposition of court supervision for any traffic

HB5281 Engrossed
- 9 -
LRB104 20653 LNS 34150 b
1
violation, excluding those offenses listed in paragraph (2) of
2
subsection (a) of this Section. These reports shall be sent
3
within 5 days after disposition, or, if the driver is referred
4
to a driver remedial or rehabilitative program, within 5 days
5
of the driver's referral to that program. These reports
6
received by the Secretary of State, including those required
7
to be forwarded under paragraph (a)(4), shall be privileged
8
information, available only (i) to the affected driver, (ii)
9
to the parent or guardian of a person under the age of 18 years
10
holding an instruction permit or a graduated driver's license,
11
and (iii) for use by the courts, police officers, prosecuting
12
authorities, the Secretary of State, and the driver licensing
13
administrator of any other state. In accordance with 49 C.F.R.
14
Part 384, all reports of court supervision, except violations
15
related to parking, shall be forwarded to the Secretary of
16
State for all holders of a CLP or CDL or any driver who commits
17
an offense while driving a commercial motor vehicle. These
18
reports shall be recorded to the driver's record as a
19
conviction for use in the disqualification of the driver's
20
commercial motor vehicle privileges and shall not be
21
privileged information.
22

(e) For the purpose of providing the Secretary of State
23
with records necessary to impose a revocation pursuant to
24
paragraph (1) of subsection (a) of Section 6-206, upon filing
25
with the clerk of court, the clerk shall forward in a manner
26
and form prescribed by the Secretary (i) a copy of a Uniform

HB5281 Engrossed
- 10 -
LRB104 20653 LNS 34150 b
1
Citation and Complaint where the officer indicated a crash
2
type of fatal, (ii) a copy of information or an indictment in
3
which a person is charged with a violation of this Code that
4
resulted in the death of another person, or (iii) a copy of
5
information or an indictment in which a person is charged with
6
reckless homicide in violation of Section 9-3 of the Criminal
7
Code of 2012. The Secretary shall adopt rules to implement
8
this subsection.

9
(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
10
102-1104, eff. 1-1-23.)

11

Section 99.
Effective date.
This Act takes effect January
12
1, 2027.

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