100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4476

 

Introduced , by Rep. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-711  from Ch. 95 1/2, par. 3-711
625 ILCS 5/6-308
625 ILCS 5/6-803  from Ch. 95 1/2, par. 6-803
625 ILCS 5/6-306.4 rep.

    Amends the Illinois Vehicle Code. Provides that any person cited for violating the Code or a similar provision of a local ordinance for which the violation is a petty offense shall not be required to sign the citation. Provides that Illinois Supreme Court Rules shall govern bail and appearance procedures when a person who is a resident of another state that is not a member of the Nonresident Violator Compact of 1977 is cited for violating this Code or a similar provision of a local ordinance. Repeals a provision governing the procedures for citations issued by a police officer in this State to a resident of another state that is a member of the Nonresident Violator Compact of 1977. Makes conforming changes.


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A BILL FOR

 

HB4476LRB100 15889 AXK 31001 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-711, 6-308, and 6-803 as follows:
 
6    (625 ILCS 5/3-711)  (from Ch. 95 1/2, par. 3-711)
7    Sec. 3-711. Whenever a court convicts a person of a
8violation of Section 3-707, 3-708 or 3-710 of this Code, or
9enters an order placing on supervision the person charged with
10the violation, the clerk of the court within 5 days shall
11forward a report of the conviction or order of supervision to
12the Secretary of State in a form prescribed by the Secretary.
13In any case where the person charged with the violation fails
14to appear in court, the procedures provided in Section 6-306.4
15or 6-308 of this Code, whichever is applicable shall apply.
16    The Secretary shall keep records of such reports. However,
17reports of orders of supervision shall not be released to any
18outside source, except the affected driver and law enforcement
19agencies, and shall be used only to inform the Secretary and
20the courts that such driver previously has been assigned court
21supervision.
22(Source: P.A. 98-870, eff. 1-1-15.)
 

 

 

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1    (625 ILCS 5/6-308)
2    Sec. 6-308. Procedures for traffic violations.
3    (a) Any person cited for violating this Code or a similar
4provision of a local ordinance for which a violation is a petty
5offense as defined by Section 5-1-17 of the Unified Code of
6Corrections, excluding business offenses as defined by Section
75-1-2 of the Unified Code of Corrections or a violation of
8Section 15-111 or subsection (d) of Section 3-401 of this Code,
9shall not be required to sign the citation or post bond to
10secure bail for his or her release. When required by Illinois
11Supreme Court Rule, the person shall sign the citation. All
12other provisions of this Code or similar provisions of local
13ordinances shall be governed by the bail provisions of the
14Illinois Supreme Court Rules when it is not practical or
15feasible to take the person before a judge to have bail set or
16to avoid undue delay because of the hour or circumstances.
17    (b) Whenever a person fails to appear in court, the court
18may continue the case for a minimum of 30 days and the clerk of
19the court shall send notice of the continued court date to the
20person's last known address. If the person does not appear in
21court on or before the continued court date or satisfy the
22court that the person's appearance in and surrender to the
23court is impossible for no fault of the person, the court shall
24enter an order of failure to appear. The clerk of the court
25shall notify the Secretary of State, on a report prescribed by
26the Secretary, of the court's order. The Secretary, when

 

 

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1notified by the clerk of the court that an order of failure to
2appear has been entered, shall immediately suspend the person's
3driver's license, which shall be designated by the Secretary as
4a Failure to Appear suspension. The Secretary shall not remove
5the suspension, nor issue any permit or privileges to the
6person whose license has been suspended, until notified by the
7ordering court that the person has appeared and resolved the
8violation. Upon compliance, the clerk of the court shall
9present the person with a notice of compliance containing the
10seal of the court, and shall notify the Secretary that the
11person has appeared and resolved the violation.
12    (c) Illinois Supreme Court Rules shall govern bail and
13appearance procedures when a person who is a resident of
14another state that is not a member of the Nonresident Violator
15Compact of 1977 is cited for violating this Code or a similar
16provision of a local ordinance.
17(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)
 
18    (625 ILCS 5/6-803)  (from Ch. 95 1/2, par. 6-803)
19    Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When
20issuing a citation for a traffic violation, a police officer
21shall issue the citation to a motorist who possesses a valid
22driver's license issued by a party jurisdiction and shall not,
23subject to the exceptions noted in Section 6-306.4 of this Code
24and paragraph (b) of this Section, require the motorist to post
25collateral to secure appearance, if the officer receives the

 

 

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1motorist's personal recognizance to comply with the terms of
2the citation.
3    (b) Personal recognizance is acceptable only if not
4prohibited by law. If mandatory appearance is required, it must
5take place according to law, following issuance of the
6citation.
7    (c) Upon failure of a motorist to comply with the terms of
8a traffic citation, the appropriate official shall report the
9failure to comply, in a manner prescribed by the Secretary, to
10the licensing authority of the jurisdiction in which the
11traffic citation was issued. The report shall be made in
12accordance with procedures specified by the Secretary and shall
13contain information as specified by the Secretary as minimum
14requirements for effective processing by the home
15jurisdiction.
16    (d) Upon receipt of the report, the Secretary shall
17transmit to the licensing authority in the home jurisdiction of
18the motorist the information in a form and content as contained
19in the Compact Manual.
20    (e) The Secretary may not, except as provided under Section
216-306.4 of this Code, suspend the privileges of a motorist for
22whom a report has been transmitted, under the terms of this
23Compact, to another member jurisdiction.
24    (f) The Secretary shall not transmit a report on any
25violation if the date of transmission is more than 6 months
26after the date on which the traffic citation was issued.

 

 

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1    (g) The Secretary shall not transmit a report on any
2violation where the date of issuance of the citation predates
3the most recent of the effective dates of entry for the two
4jurisdictions affected.
5(Source: P.A. 84-1231.)
 
6    (625 ILCS 5/6-306.4 rep.)
7    Section 10. The Illinois Vehicle Code is amended by
8repealing Section 6-306.4.