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Public Act 098-0870


 

Public Act 0870 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0870
 
SB2583 EnrolledLRB098 12120 MLW 45982 b

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

Effective Date: 1/1/2015