CJC Seeks to End Employment Barrier Through Bill in the IL General Assembly
Photo by EKATERINA BOLOVTSOVA: https://www.pexels.com/photo/judge-signing-on-the-papers-6077447/
Over the last several years, Chicago Jobs Council’s (CJC’s) focus on eliminating barriers to employment has revealed that driver’s license suspensions lead to job loss and missed economic opportunities. In Illinois, a CJC survey found that 52% of respondents who had their driver’s licenses suspended for non-driving violations lost or missed out on a job opportunity because they didn’t have a license.
Through the License to Work and SAFE-T Acts, we have successfully eliminated driver’s license suspension for fines and fees in Illinois. We are building on these successes by working to end debt-driven suspensions for failure to appear.
Suspending Driver’s Licenses for Failing to Appear in Traffic Court
According to data received from the Secretary of State's office, there are more than 100,000 people with driver’s license suspensions in Illinois for “failure to appear” in traffic court. These suspensions are often just an extension of the debt collection process for traffic tickets, and there are numerous reasons to eliminate the practice:
Like the other debt-driven suspensions, the real world impact of failure to appear suspensions is devastating to communities of color. A 2021 CJC report found a strong correlation between race and suspensions. The correlation is also consistent across all zip codes, whether or not they are majority Black or Latino. The trend is the same: more suspensions and holds the more people of color live in a zip code. The race of drivers was more influential than income level in determining the likelihood of suspension.
Many professions—including automotive technician, cable installation technician, caregiver, construction worker, housecleaner, HVAC technician, landscaping crew member, maintenance worker, plumber, pressure washer, truck washer, unarmed security officer, and warehouse worker—directly require people to drive. Even when the job doesn’t directly require a car, not having driving privileges makes getting to work nearly impossible. Eighty percent of Illinoisans drive to work.[1] A 2007 New Jersey study found that 42% of individuals lost their jobs following a driver’s license suspension, and 45% of those who lost their job couldn’t find another one.[2] Of those who did find another job, 88% reported a decrease in income.[2]
Taking away someone’s access to transportation by suspending their driver’s license makes them less able to appear in court at all.
Individuals with the money to pay $164, avoid a court appearance entirely by signing a form on the ticket acknowledging guilt and paying the fine. People who know they cannot pay the fine, don’t appear. Those who work hourly, can’t afford to miss work and lose time and pay. Various reasons such as childcare, transportation, or lost wages can lead to missing court. A license suspension often results in limited job opportunities and lower wages, making the initial fine even more difficult to pay.
In states that no longer suspend driver’s licenses for failure to appear, there is little to no evidence that suspending people’s driver’s licenses increases payment or the likelihood of them appearing in court.
The impact of this consequence is out of proportion with the infraction. If you can’t work, you can’t pay. If you can’t pay, you can’t work.
CJC’s Legislative Alternative to Failure to Appear
CJC’s bill—HB277—is currently in the Illinois Senate and if passed, will ensure that people who receive minor traffic tickets such as speeding or not stopping at a stop sign, do not have their driver's license suspended for failing to appear in traffic court.
Under this bill, a defendant who doesn’t appear in court, will lose their day in court. The judge can take a judgment against them for the amount the judge deems appropriate, and that fine can be sent to collections. If a driver continues to violate traffic laws and accumulate excessive points, the Secretary of State can impose driver’s license suspensions for traffic offenses. This means drivers can ultimately lose their driving privileges, but not for failing to appear in traffic court.
The bill also authorizes optional methods of notifications for circuit clerks—including text and email—for failing to appear, but does not mandate them.
Suspending driver’s licenses for failure to appear in court ruins family finances, devastates job prospects, and increases criminal legal system contact when people drive (often unknowingly) while suspended. HB277 will end this practice and put Illinois on a path to getting more people on the road and back to work.
To ensure maximum financial opportunity and safe transportation for our constituents and all of Illinois, we urge that the Illinois General Assembly pass legislation to end the practice of suspending driver’s licenses for failure to appear in court.
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HB277 is supported by a large coalition that includes the Transit Table, Chicago Jobs Council, Shriver Center on Poverty Law, Chicago Appleseed Center for Fair Courts, ACLU of Illinois, Heartland Alliance, Illinois Alliance for Reentry & Justice, the Chicagoland Chamber of Commerce, Chicago Women in Trades, the Illinois Retail Merchants, CEO Action for Racial Equity, and many others.
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References:
[1] U.S. Census Bureau, 2015 American Community Survey 1-Year Estimates
[2] Affordability and Fairness Task Force: Final Report,” Alan M. Voorhees Transportation Center, 2006