98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2583

 

Introduced 5/16/2013, by Sen. Michael Noland

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-711  from Ch. 95 1/2, par. 3-711
625 ILCS 5/6-306.4  from Ch. 95 1/2, par. 6-306.4
625 ILCS 5/6-601  from Ch. 95 1/2, par. 6-601
625 ILCS 5/6-306.3 rep.
725 ILCS 5/110-15  from Ch. 38, par. 110-15

    Amends the Illinois Vehicle Code. Repeals the Section concerning license as bail. Provides that residents of this State and residents of any other state which is a member of the Nonresident Violator Compact of 1977 who are cited by a police officer for violating a traffic law or ordinance shall have the option of (1) being taken without unnecessary delay before a court of jurisdiction or (2) executing a written promise to comply with the terms of the citation by signing at least one copy of a Uniform Traffic Ticket prepared by the police officer. Provides that the Secretary of State shall suspend the driving privileges of a resident who fails to comply with the executed written promise to comply with the original terms of the citation until the Secretary receives notification by the court of jurisdiction that the person has appeared or otherwise executed the written promise to comply with the terms of the original citation. Amends the Code of Criminal Procedure of 1963. Removes a provision allowing the Supreme Court to include deposit of a chauffeur's or operator's license in the bail schedule for traffic cases. Makes corresponding changes in other portions of the Code.


LRB098 12120 MLW 45982 b

 

 

A BILL FOR

 

SB2583LRB098 12120 MLW 45982 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
5Section 3-711, 6-306.4 and 6-601 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 10 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 6-306.3
15or 6-306.4 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. 86-149.)
 

 

 

SB2583- 2 -LRB098 12120 MLW 45982 b

1    (625 ILCS 5/6-306.4)  (from Ch. 95 1/2, par. 6-306.4)
2    Sec. 6-306.4. Procedures for traffic violations residents
3of other states.
4    (a) Except as provided in paragraph (b) of this Section, a
5person any resident of another state which is a member of the
6Nonresident Violator Compact of 1977, who is cited by a police
7officer for violating a traffic law or ordinance, shall have
8the option of (1) being taken without unnecessary delay before
9a court of jurisdiction or (2) executing a written promise to
10comply with the terms of the citation by signing at least one
11copy of a Uniform Traffic Ticket prepared by the police
12officer. The police officer may refuse to permit a person
13nonresident violator to execute a written promise to comply
14with the terms of the citation if the person nonresident
15violator cannot furnish satisfactory evidence of identity or if
16the officer has probable cause to believe the person
17nonresident violator cited will disregard the written promise
18to comply with the citation.
19    This Section applies to both residents of this State and to
20the residents of any other state which is a member of the
21Nonresident Violator Compact of 1977. If the person cited is a
22resident of another State which is not a member of the
23Nonresident Violator Compact of 1977, then the rules
24established by the Supreme Court for bail bond and appearance
25procedures apply.
26    (b) Any person cited for violating the following provisions

 

 

SB2583- 3 -LRB098 12120 MLW 45982 b

1of this Code or a similar provision of local ordinances shall
2be governed by the bail provisions of the Illinois Supreme
3Court Rules when it is not practical or feasible to take the
4person before a judge to have bail set or to avoid undue delay
5because of the hour or circumstances: Section 3-101, Section
63-702, Sections 3-707, 3-708 or 3-710, Chapter 4, Chapter 5,
7Section 6-101, Section 6-104, Section 6-113, Section 6-301,
8Section 6-303, Section 8-115, Section 11-204, Section 11-310,
9Section 11-311, Section 11-312, Section 11-401, Section
1011-402, Section 11-403, Section 11-404, Section 11-409,
11Section 11-501, Section 11-503, Section 11-504, Section
1211-506, Section 11-601, when more than 30 m.p.h. over the
13posted limit, Section 11-1006, Section 11-1414, Section
1415-102, Section 15-103, Section 15-107, Section 15-111,
15paragraph (f) of Section 15-112 or paragraph (j) of Section
1615-301.
17    (c) If the person fails to comply with the executed written
18promise to comply with the original terms of the citation as
19indicated in paragraph (a) of this Section, the court shall
20continue the case for a minimum of 30 days and require that a
21notice of the continued court date be sent to the last known
22address of such person. If the person does not appear or
23otherwise satisfy the court on or before the continued court
24date, the court shall enter an order of failure to appear to
25answer such charge. The clerk of such court shall notify the
26Secretary of State of the court's order within 21 days.

 

 

SB2583- 4 -LRB098 12120 MLW 45982 b

1    (d) Upon receiving notice as provided in subsection (c) of
2this Section, the Secretary of State shall in the case of a
3resident of this State suspend the driving privileges of the
4person without a hearing and shall not remove the suspension
5nor issue a restricted driving permit until after the Secretary
6receives notification by the court of jurisdiction that the
7person has appeared or otherwise executed the written promise
8to comply with the terms of the original citation. Upon
9receiving such notice as provided in subsection (c) of this
10Section in the case of a person who is a resident of another
11state which is a member of the Nonresident Violator Compact of
121977, the Secretary of State shall comply with the provisions
13of Section 6-803 of this Code.
14(Source: P.A. 95-310, eff. 1-1-08.)
 
15    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
16    Sec. 6-601. Penalties.
17    (a) It is a petty offense for any person to violate any of
18the provisions of this Chapter unless such violation is by this
19Code or other law of this State declared to be a misdemeanor or
20a felony.
21    (b) General penalties. Unless another penalty is in this
22Code or other laws of this State, every person convicted of a
23petty offense for the violation of any provision of this
24Chapter shall be punished by a fine of not more than $500.
25    (c) Unlicensed driving. Except as hereinafter provided a

 

 

SB2583- 5 -LRB098 12120 MLW 45982 b

1violation of Section 6-101 shall be:
2        1. A Class A misdemeanor if the person failed to obtain
3    a driver's license or permit after expiration of a period
4    of revocation.
5        2. A Class B misdemeanor if the person has been issued
6    a driver's license or permit, which has expired, and if the
7    period of expiration is greater than one year; or if the
8    person has never been issued a driver's license or permit,
9    or is not qualified to obtain a driver's license or permit
10    because of his age.
11    If a licensee under this Code is convicted of violating
12Section 6-303 for operating a motor vehicle during a time when
13such licensee's driver's license was suspended under the
14provisions of Section 6-306.4 6-306.3, then such act shall be a
15petty offense (provided the licensee has answered the charge
16which was the basis of the suspension under Section 6-306.4
176-306.3), and there shall be imposed no additional like period
18of suspension as provided in paragraph (b) of Section 6-303.
19(Source: P.A. 96-607, eff. 8-24-09.)
 
20    (625 ILCS 5/6-306.3 rep.)
21    Section 10. The Illinois Vehicle Code is amended by
22repealing Section 6-306.3.
 
23    Section 15. The Code of Criminal Procedure of 1963 is
24amended by changing Section 110-15 as follows:
 

 

 

SB2583- 6 -LRB098 12120 MLW 45982 b

1    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
2    Sec. 110-15. Applicability of provisions for giving and
3taking bail. The provisions of Sections 110-7 and 110-8 of this
4Code are exclusive of other provisions of law for the giving,
5taking, or enforcement of bail. In all cases where a person is
6admitted to bail the provisions of Sections 110-7 and 110-8 of
7this Code shall be applicable.
8    However, the Supreme Court may, by rule or order, prescribe
9a uniform schedule of amounts of bail in specified traffic and
10conservation cases, quasi-criminal offenses, and misdemeanors.
11The Such uniform schedule may provide that the cash deposit
12provisions of Section 110-7 shall not apply to bail amounts
13established for alleged violations punishable by fine alone,
14and the schedule may further provide that in specified traffic
15cases a valid Illinois chauffeur's or operator's license must
16be deposited, in addition to 10% of the amount of the bail
17specified in the schedule.
18(Source: Laws 1967, p. 2969.)