SB2583 98TH GENERAL ASSEMBLY

LRB098 12120 MLW 45982 b

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.

A BILL FOR

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 Section 3-711, 6-306.4 and 6-601 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 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 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 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4)

Sec. 6-306.4. Procedures for traffic violations residents of other states.

(a) Except as provided in paragraph (b) of this Section, a person any resident of another state which is a member of the Nonresident Violator Compact of 1977, who is 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. The police officer may refuse to permit a person nonresident violator to execute a written promise to comply with the terms of the citation if the person nonresident violator cannot furnish satisfactory evidence of identity or if the officer has probable cause to believe the person nonresident violator cited will disregard the written promise to comply with the citation.

This Section applies to both residents of this State and to the residents of any other state which is a member of the Nonresident Violator Compact of 1977. If the person cited is a resident of another State which is not a member of the Nonresident Violator Compact of 1977, then the rules established by the Supreme Court for bail bond and appearance procedures apply.

(b) Any person cited for violating the following provisions of this Code or a similar provision 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: Section 3-101, Section 3-702, Sections 3-707, 3-708 or 3-710, Chapter 4, Chapter 5, Section 6-101, Section 6-104, Section 6-113, Section 6-301, Section 6-303, Section 8-115, Section 11-204, Section 11-310, Section 11-311, Section 11-312, Section 11-401, Section 11-402, Section 11-403, Section 11-404, Section 11-409, Section 11-501, Section 11-503, Section 11-504, Section 11-506, Section 11-601, when more than 30 m.p.h. over the posted limit, Section 11-1006, Section 11-1414, Section 15-102, Section 15-103, Section 15-107, Section 15-111, paragraph (f) of Section 15-112 or paragraph (j) of Section 15-301.

(c) If the person fails to comply with the executed written promise to comply with the original terms of the citation as indicated in paragraph (a) of this Section, the court shall continue the case for a minimum of 30 days and require that a notice of the continued court date be sent to the last known address of such person. If the person does not appear or otherwise satisfy the court on or before the continued court date, the court shall enter an order of failure to appear to answer such charge. The clerk of such court shall notify the Secretary of State of the court's order within 21 days.

(d) Upon receiving notice as provided in subsection (c) of this Section, the Secretary of State shall in the case of a resident of this State suspend the driving privileges of the person without a hearing and shall not remove the suspension nor issue a restricted driving permit until after 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. Upon receiving such notice as provided in subsection (c) of this Section in the case of a person who is a resident of another state which is a member of the Nonresident Violator Compact of 1977, the Secretary of State shall comply with the provisions of Section 6-803 of this Code.

(Source: P.A. 95-310, eff. 1-1-08.)

(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.

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 6-306.4 6-306.3, then such act shall be a petty offense (provided the licensee has answered the charge which was the basis of the suspension under Section 6-306.4 6-306.3), 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.)

(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 specified traffic and conservation cases, quasi-criminal offenses, and misdemeanors. The 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.)