Full Text of SB3509 98th General Assembly
SB3509ham001 98TH GENERAL ASSEMBLY | Rep. John D'Amico Filed: 11/6/2014
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| 1 | | AMENDMENT TO SENATE BILL 3509
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3509 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-308 and 6-601 as follows: | 6 | | (625 ILCS 5/6-308) | 7 | | (This Section may contain text from a Public Act with a | 8 | | delayed effective date ) | 9 | | Sec. 6-308. Procedures for traffic violations. | 10 | | (a) Any person cited for violating this Code or a similar | 11 | | provision of a local ordinance for which a violation is a petty | 12 | | offense as defined by Section 5-1-17 of the Unified Code of | 13 | | Corrections, excluding business offenses as defined by Section | 14 | | 5-1-2 of the Unified Code of Corrections or a violation of | 15 | | Section 15-111 or subsection (d) of Section 3-401 of this Code, | 16 | | shall not be required to post bond to secure bail for his or |
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| 1 | | her release . When required by Illinois Supreme Court Rule, the | 2 | | person shall sign the citation. All other provisions of this | 3 | | Code or similar provisions of local ordinances shall be | 4 | | governed by the bail provisions of the Illinois Supreme Court | 5 | | Rules when it is not practical or feasible to take the person | 6 | | before a judge to have bail set or to avoid undue delay because | 7 | | of the hour or circumstances. | 8 | | (b) Whenever a person fails to appear in court, the court | 9 | | may continue the case for a minimum of 30 days and the clerk of | 10 | | the court shall send notice of the continued court date to the | 11 | | person's last known address. If the person does not appear in | 12 | | court on or before the continued court date or satisfy the | 13 | | court that the person's appearance in and surrender to the | 14 | | court is impossible for no fault of the person, the court shall | 15 | | enter an order of failure to appear. The clerk of the court | 16 | | shall notify the Secretary of State , on a report prescribed by | 17 | | the Secretary, of the court's order. The Secretary, when | 18 | | notified by the clerk of the court that an order of failure to | 19 | | appear has been entered, shall immediately suspend the person's | 20 | | driver's license, which shall be designated by the Secretary as | 21 | | a Failure to Appear suspension. The Secretary shall not remove | 22 | | the suspension, nor issue any permit or privileges to the | 23 | | person whose license has been suspended, until notified by the | 24 | | ordering court that the person has appeared and resolved the | 25 | | violation. Upon compliance, the clerk of the court shall | 26 | | present the person with a notice of compliance containing the |
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| 1 | | seal of the court, and shall notify the Secretary that the | 2 | | person has appeared and resolved the violation.
| 3 | | (Source: P.A. 98-870, eff. 1-1-15.)
| 4 | | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| 5 | | (Text of Section after amendment by P.A. 98-870 )
| 6 | | Sec. 6-601. Penalties.
| 7 | | (a) It is a petty offense for any person to violate any of | 8 | | the
provisions of this Chapter unless such violation is by this | 9 | | Code or other
law of this State declared to be a misdemeanor or | 10 | | a felony.
| 11 | | (b) General penalties. Unless another penalty is in this | 12 | | Code
or other laws of this State, every person convicted of a | 13 | | petty
offense for the violation of any provision of this | 14 | | Chapter shall be
punished by a fine of not more than $500.
| 15 | | (c) Unlicensed driving. Except as hereinafter provided a | 16 | | violation
of Section 6-101 shall be:
| 17 | | 1. A Class A misdemeanor if the person failed to obtain | 18 | | a driver's
license or permit after expiration of a period | 19 | | of revocation.
| 20 | | 2. A Class B misdemeanor if the person has been issued | 21 | | a driver's license
or permit, which has expired, and if the | 22 | | period of expiration is greater than
one year; or if the | 23 | | person has never been issued a driver's license or permit,
| 24 | | or is not qualified to obtain a driver's license or permit | 25 | | because of his age.
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| 1 | | 3. A petty offense if the person has been issued a | 2 | | temporary visitor's driver's license or permit and is | 3 | | unable to provide proof of liability insurance as provided | 4 | | in subsection (d-5) of Section 6-105.1. | 5 | | If a licensee under this Code is convicted of violating | 6 | | Section 6-303 for
operating a motor vehicle during a time when | 7 | | such licensee's driver's license
was suspended under the | 8 | | provisions of Section 6-306.3 or 6-308, then such act shall be
| 9 | | a petty offense (provided the licensee has answered the charge | 10 | | which was the
basis of the suspension under Section 6-306.3 or | 11 | | 6-308), and there shall be imposed no
additional like period of | 12 | | suspension as provided in paragraph (b) of Section
6-303.
| 13 | | (d) For violations of this Code or a similar provision of a | 14 | | local ordinance for which a violation is a petty offense as | 15 | | defined by Section 5-1-17 of the Unified Code of Corrections, | 16 | | excluding business offenses as defined by Section 5-1-2 of the | 17 | | Unified Code of Corrections or a violation of Section 15-111 or | 18 | | subsection (d) of Section 3-401 of this Code, if the violation | 19 | | may be satisfied without a court appearance, the violator may, | 20 | | pursuant to Supreme Court Rule, satisfy the case with a written | 21 | | plea of guilty and payment of fines, penalties, and costs equal | 22 | | to the bail amount established by the Supreme Court for the | 23 | | offense. | 24 | | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15.)
| 25 | | Section 10. The Code of Criminal Procedure of 1963 is |
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| 1 | | amended by changing Section 110-15 as follows:
| 2 | | (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
| 3 | | (Text of Section after amendment by P.A. 98-870 )
| 4 | | Sec. 110-15. Applicability of provisions for giving and | 5 | | taking bail. The provisions of Sections 110-7 and 110-8 of this | 6 | | Code are exclusive of
other provisions of law for the giving, | 7 | | taking, or enforcement of bail. In
all cases where a person is | 8 | | admitted to bail the provisions of Sections
110-7 and 110-8 of | 9 | | this Code shall be applicable.
| 10 | | However, the Supreme Court may, by rule or order, prescribe | 11 | | a uniform
schedule of amounts of bail in all but felony | 12 | | offenses. The uniform schedule shall not require a person cited | 13 | | for violating the Illinois Vehicle Code or a similar provision | 14 | | of a local ordinance for which a violation is a petty offense | 15 | | as defined by Section 5-1-17 of the Unified Code of | 16 | | Corrections, excluding business offenses as defined by Section | 17 | | 5-1-2 of the Unified Code of Corrections or a violation of | 18 | | Section 15-111 or subsection (d) of Section 3-401 of the | 19 | | Illinois Vehicle Code, to post bond to secure bail for his or | 20 | | her release. No bail amounts shall be required for petty | 21 | | offenses. Such uniform schedule may
provide that the cash | 22 | | deposit provisions of Section 110-7 shall not apply
to bail | 23 | | amounts established for alleged violations punishable by fine
| 24 | | alone, and the schedule may further provide that in specified | 25 | | traffic cases
a valid Illinois chauffeur's or operator's |
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| 1 | | license must be deposited, in
addition to 10% of the amount of | 2 | | the bail specified in the schedule.
| 3 | | (Source: P.A. 98-870, eff. 1-1-15.)
| 4 | | Section 99. Effective date. This Act takes effect January | 5 | | 1, 2015.".
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