Illinois General Assembly - Full Text of SB2583
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Full Text of SB2583  98th General Assembly

SB2583eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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, 6-601, and 6-803 and adding Section 6-308 as
6follows:
 
7    (625 ILCS 5/3-711)  (from Ch. 95 1/2, par. 3-711)
8    Sec. 3-711. Whenever a court convicts a person of a
9violation of Section 3-707, 3-708 or 3-710 of this Code, or
10enters an order placing on supervision the person charged with
11the violation, the clerk of the court within 5 10 days shall
12forward a report of the conviction or order of supervision to
13the Secretary of State in a form prescribed by the Secretary.
14In any case where the person charged with the violation fails
15to appear in court, the procedures provided in Section 6-308
166-306.3 or 6-306.4 of this Code, whichever is applicable shall
17apply.
18    The Secretary shall keep records of such reports. However,
19reports of orders of supervision shall not be released to any
20outside source, except the affected driver and law enforcement
21agencies, and shall be used only to inform the Secretary and
22the courts that such driver previously has been assigned court
23supervision.

 

 

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1(Source: P.A. 86-149.)
 
2    (625 ILCS 5/6-308 new)
3    Sec. 6-308. Procedures for traffic violations.
4    (a) Any person cited for violating this Code or a similar
5provision of a local ordinance for which a violation is a petty
6offense as defined by Section 5-1-17 of the Unified Code of
7Corrections shall not be required to post bond. All other
8provisions of this Code or similar provisions of local
9ordinances shall be governed by the bail provisions of the
10Illinois Supreme Court Rules when it is not practical or
11feasible to take the person before a judge to have bail set or
12to avoid undue delay because of the hour or circumstances.
13    (b) Whenever a person fails to appear in court or pay any
14traffic fine, penalty, or cost imposed for a violation of this
15Code or a similar provision of a local ordinance, the court
16shall continue the case for a minimum of 30 days and the clerk
17of the court shall send notice of the continued court date to
18the person's address of record with the Secretary of State. If
19the person does not appear in court on the continued court
20date, pay in full the amount necessary to satisfy the citation
21on or before the continued court date, or satisfy the court
22that the person's appearance in and surrender to the court is
23impossible with no fault on the person's part, the court shall
24enter an order of failure to appear or pay. The clerk of the
25court shall notify the Secretary of State of the court's order.

 

 

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1The Secretary of State, when notified by the clerk of the court
2that an order of failure to appear or pay has been entered,
3shall immediately suspend the driver's license. The suspension
4of the person's driving privileges resulting from a failure to
5appear or pay shall be designated by the Secretary as a Failure
6to Appear suspension. The Secretary shall not remove the
7suspension, nor issue any hardship permit or privilege to the
8person whose license has been suspended, until notified by the
9ordering court that the person has complied or paid in full the
10amount required to satisfy the judgment and paid any suspension
11reinstatement fee required by the Secretary. Upon payment in
12full of a fine, penalty, or court cost which has previously
13been reported under this Section as unpaid, or in which an
14order of failure to appear has been entered and reported, the
15clerk of the court shall present the person with a signed
16receipt containing the seal of the court indicating the fine,
17penalty, or cost has been paid in full, and shall notify the
18Secretary of State that the person has complied or that the
19fine, penalty, or cost has been paid in full.
20    (c) This Section does not apply to fines, penalties, or
21costs to be collected subsequent to orders of court supervision
22or other available court diversions.
 
23    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
24    Sec. 6-601. Penalties.
25    (a) It is a petty offense for any person to violate any of

 

 

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1the provisions of this Chapter unless such violation is by this
2Code or other law of this State declared to be a misdemeanor or
3a felony.
4    (b) General penalties. Unless another penalty is in this
5Code or other laws of this State, every person convicted of a
6petty offense for the violation of any provision of this
7Chapter shall be punished by a fine of at least $50 but not
8more than $500.
9    (c) Unlicensed driving. Except as hereinafter provided a
10violation of Section 6-101 shall be:
11        1. A Class A misdemeanor if the person failed to obtain
12    a driver's license or permit after expiration of a period
13    of revocation.
14        2. A Class B misdemeanor if the person has been issued
15    a driver's license or permit, which has expired, and if the
16    period of expiration is greater than one year; or if the
17    person has never been issued a driver's license or permit,
18    or is not qualified to obtain a driver's license or permit
19    because of his age.
20        3. A petty offense if the person has been issued a
21    temporary visitor's driver's license or permit and is
22    unable to provide proof of liability insurance as provided
23    in subsection (d-5) of Section 6-105.1.
24    If a licensee under this Code is convicted of violating
25Section 6-308 6-303 for operating a motor vehicle during a time
26when such licensee's driver's license was suspended under the

 

 

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1provisions of Section 6-308 6-306.3, then such act shall be a
2petty offense (provided the licensee has answered the charge
3which was the basis of the suspension under Section 6-306.3),
4and there shall be imposed no additional like period of
5suspension as provided in paragraph (b) of Section 6-308 6-303.
6(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)
 
7    (625 ILCS 5/6-803)  (from Ch. 95 1/2, par. 6-803)
8    Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When
9issuing a citation for a traffic violation, a police officer
10shall issue the citation to a motorist who possesses a valid
11driver's license issued by a party jurisdiction and shall not,
12subject to the exceptions noted in Section 6-308 6-306.4 of
13this Code and paragraph (b) of this Section require the
14motorist to post collateral to secure appearance, if the
15officer receives the motorist's personal recognizance to
16comply with the terms of the citation.
17    (b) Personal recognizance is acceptable only if not
18prohibited by law. If mandatory appearance is required, it must
19take place according to law, following issuance of the
20citation.
21    (c) Upon failure of a motorist to comply with the terms of
22a traffic citation, the appropriate official shall report the
23failure to comply, in a manner prescribed by the Secretary, to
24the licensing authority of the jurisdiction in which the
25traffic citation was issued. The report shall be made in

 

 

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1accordance with procedures specified by the Secretary and shall
2contain information as specified by the Secretary as minimum
3requirements for effective processing by the home
4jurisdiction.
5    (d) Upon receipt of the report, the Secretary shall
6transmit to the licensing authority in the home jurisdiction of
7the motorist the information in a form and content as contained
8in the Compact Manual.
9    (e) The Secretary may not, except as provided under Section
106-308 6-306.4 of this Code, suspend the privileges of a
11motorist for whom a report has been transmitted, under the
12terms of this Compact, to another member jurisdiction.
13    (f) The Secretary shall not transmit a report on any
14violation if the date of transmission is more than 6 months
15after the date on which the traffic citation was issued.
16    (g) The Secretary shall not transmit a report on any
17violation where the date of issuance of the citation predates
18the most recent of the effective dates of entry for the two
19jurisdictions affected.
20(Source: P.A. 84-1231.)
 
21    (625 ILCS 5/6-306.3 rep.)
22    Section 10. The Illinois Vehicle Code is amended by
23repealing Section 6-306.3.
 
24    (625 ILCS 5/6-306.4 rep.)

 

 

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1    Section 15. The Illinois Vehicle Code is amended by
2repealing Section 6-306.4.
 
3    Section 20. The Code of Criminal Procedure of 1963 is
4amended by changing Section 110-15 as follows:
 
5    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
6    Sec. 110-15. Applicability of provisions for giving and
7taking bail. The provisions of Sections 110-7 and 110-8 of this
8Code are exclusive of other provisions of law for the giving,
9taking, or enforcement of bail. In all cases where a person is
10admitted to bail the provisions of Sections 110-7 and 110-8 of
11this Code shall be applicable.
12    However, the Supreme Court may, by rule or order, prescribe
13a uniform schedule of amounts of bail in all but felony
14offenses. No bail amounts shall be required for petty offenses.
15specified traffic and conservation cases, quasi-criminal
16offenses, and misdemeanors. Such uniform schedule may provide
17that the cash deposit provisions of Section 110-7 shall not
18apply to bail amounts established for alleged violations
19punishable by fine alone, and the schedule may further provide
20that in specified traffic cases a valid Illinois chauffeur's or
21operator's license must be deposited, in addition to 10% of the
22amount of the bail specified in the schedule.
23(Source: Laws 1967, p. 2969.)