Full Text of SB2583 98th General Assembly
SB2583sam003 98TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 4/7/2014
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| 1 | | AMENDMENT TO SENATE BILL 2583
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2583, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Sections 3-711 and 6-601 and adding Section 6-308 as | 7 | | follows:
| 8 | | (625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
| 9 | | Sec. 3-711.
Whenever a court convicts a person of a | 10 | | violation of
Section 3-707, 3-708 or 3-710 of this Code, or | 11 | | enters an order placing on
supervision the person charged with | 12 | | the violation, the clerk of the court
within 5 10 days shall | 13 | | forward a report of the conviction or order of
supervision to | 14 | | the Secretary of State in a form prescribed by the
Secretary. | 15 | | In any case where the person charged with the violation fails | 16 | | to
appear in court, the procedures provided in Section 6-306.3 |
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| 1 | | or 6-306.4 or 6-308 of
this Code, whichever is applicable shall | 2 | | apply.
| 3 | | The Secretary shall keep records of such reports. However, | 4 | | reports of
orders of supervision shall not be released to any | 5 | | outside source, except
the affected driver and law enforcement | 6 | | agencies, and shall be used only to
inform the Secretary and | 7 | | the
courts that such driver previously has been assigned court | 8 | | supervision.
| 9 | | (Source: P.A. 86-149.)
| 10 | | (625 ILCS 5/6-308 new) | 11 | | Sec. 6-308. Procedures for traffic violations. | 12 | | (a) Any person cited for violating this Code or a similar | 13 | | provision of a local ordinance for which a violation is a petty | 14 | | offense as defined by Section 5-1-17 of the Unified Code of | 15 | | Corrections, excluding business offenses as defined by Section | 16 | | 5-1-2 of the Unified Code of Corrections or a violation of | 17 | | Section 15-111 of this Code, shall not be required to post | 18 | | bond. When required by Illinois Supreme Court Rule, the person | 19 | | shall sign the citation. All other provisions of this Code or | 20 | | similar provisions of local ordinances shall be governed by the | 21 | | bail provisions of the Illinois Supreme Court Rules when it is | 22 | | not practical or feasible to take the person before a judge to | 23 | | have bail set or to avoid undue delay because of the hour or | 24 | | circumstances. | 25 | | (b) Whenever a person fails to appear in court, the court |
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| 1 | | may continue the case for a minimum of 30 days and the clerk of | 2 | | the court shall send notice of the continued court date to the | 3 | | person's last known address. If the person does not appear in | 4 | | court on or before the continued court date or satisfy the | 5 | | court that the person's appearance in and surrender to the | 6 | | court is impossible for no fault of the person, the court shall | 7 | | enter an order of failure to appear. The clerk of the court | 8 | | shall notify the Secretary of State of the court's order. The | 9 | | Secretary, when notified by the clerk of the court that an | 10 | | order of failure to appear has been entered, shall immediately | 11 | | suspend the person's driver's license, which shall be | 12 | | designated by the Secretary as a Failure to Appear suspension. | 13 | | The Secretary shall not remove the suspension, nor issue any | 14 | | permit or privileges to the person whose license has been | 15 | | suspended, until notified by the ordering court that the person | 16 | | has appeared and resolved the violation. Upon compliance, the | 17 | | clerk of the court shall present the person with a notice of | 18 | | compliance containing the seal of the court, and shall notify | 19 | | the Secretary that the person has appeared and resolved the | 20 | | violation.
| 21 | | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| 22 | | Sec. 6-601. Penalties.
| 23 | | (a) It is a petty offense for any person to violate any of | 24 | | the
provisions of this Chapter unless such violation is by this | 25 | | Code or other
law of this State declared to be a misdemeanor or |
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| 1 | | a felony.
| 2 | | (b) General penalties. Unless another penalty is in this | 3 | | Code
or other laws of this State, every person convicted of a | 4 | | petty
offense for the violation of any provision of this | 5 | | Chapter shall be
punished by a fine of not more than $500.
| 6 | | (c) Unlicensed driving. Except as hereinafter provided a | 7 | | violation
of Section 6-101 shall be:
| 8 | | 1. A Class A misdemeanor if the person failed to obtain | 9 | | a driver's
license or permit after expiration of a period | 10 | | of revocation.
| 11 | | 2. A Class B misdemeanor if the person has been issued | 12 | | a driver's license
or permit, which has expired, and if the | 13 | | period of expiration is greater than
one year; or if the | 14 | | person has never been issued a driver's license or permit,
| 15 | | or is not qualified to obtain a driver's license or permit | 16 | | because of his age.
| 17 | | 3. A petty offense if the person has been issued a | 18 | | temporary visitor's driver's license or permit and is | 19 | | unable to provide proof of liability insurance as provided | 20 | | in subsection (d-5) of Section 6-105.1. | 21 | | If a licensee under this Code is convicted of violating | 22 | | Section 6-303 for
operating a motor vehicle during a time when | 23 | | such licensee's driver's license
was suspended under the | 24 | | provisions of Section 6-308 6-306.3 , then such act shall be
a | 25 | | petty offense (provided the licensee has answered the charge | 26 | | which was the
basis of the suspension under Section 6-308 |
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| 1 | | 6-306.3 ), and there shall be imposed no
additional like period | 2 | | of suspension as provided in paragraph (b) of Section
6-303.
| 3 | | (Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13 .)
| 4 | | (625 ILCS 5/6-306.3 rep.) | 5 | | Section 10. The Illinois Vehicle Code is amended by | 6 | | repealing Section 6-306.3. | 7 | | Section 15. The Code of Criminal Procedure of 1963 is | 8 | | amended by changing Section 110-15 as follows:
| 9 | | (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
| 10 | | Sec. 110-15. Applicability of provisions for giving and | 11 | | taking bail. The provisions of Sections 110-7 and 110-8 of this | 12 | | Code are exclusive of
other provisions of law for the giving, | 13 | | taking, or enforcement of bail. In
all cases where a person is | 14 | | admitted to bail the provisions of Sections
110-7 and 110-8 of | 15 | | this Code shall be applicable.
| 16 | | However, the Supreme Court may, by rule or order, prescribe | 17 | | a uniform
schedule of amounts of bail in all but felony | 18 | | offenses. No bail amounts shall be required for petty offenses. | 19 | | specified traffic and conservation cases,
quasi-criminal | 20 | | offenses, and misdemeanors. Such uniform schedule may
provide | 21 | | that the cash deposit provisions of Section 110-7 shall not | 22 | | apply
to bail amounts established for alleged violations | 23 | | punishable by fine
alone, and the schedule may further provide |
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| 1 | | that in specified traffic cases
a valid Illinois chauffeur's or | 2 | | operator's license must be deposited, in
addition to 10% of the | 3 | | amount of the bail specified in the schedule.
| 4 | | (Source: Laws 1967, p. 2969 .)".
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