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Public Act 100-0674


 

Public Act 0674 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0674
 
HB4476 EnrolledLRB100 15889 AXK 31001 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, 6-308, and 6-803 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 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 6-306.4
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. 98-870, eff. 1-1-15.)
 
    (625 ILCS 5/6-308)
    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 or subsection (d) of Section 3-401 of this Code,
shall not be required to sign the citation or post bond to
secure bail for his or her release. 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, on a report prescribed by
the Secretary, 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.
    (c) Illinois Supreme Court Rules shall govern bail and
appearance procedures when a person who is a resident of
another state that is not a member of the Nonresident Violator
Compact of 1977 is cited for violating this Code or a similar
provision of a local ordinance.
(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)
 
    (625 ILCS 5/6-803)  (from Ch. 95 1/2, par. 6-803)
    Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When
issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a valid
driver's license issued by a party jurisdiction and shall not,
subject to the exceptions noted in Section 6-306.4 of this Code
and paragraph (b) of this Section, require the motorist to post
collateral to secure appearance, if the officer receives the
motorist's personal recognizance to comply with the terms of
the citation.
    (b) Personal recognizance is acceptable only if not
prohibited by law. If mandatory appearance is required, it must
take place according to law, following issuance of the
citation.
    (c) Upon failure of a motorist to comply with the terms of
a traffic citation, the appropriate official shall report the
failure to comply, in a manner prescribed by the Secretary, to
the licensing authority of the jurisdiction in which the
traffic citation was issued. The report shall be made in
accordance with procedures specified by the Secretary and shall
contain information as specified by the Secretary as minimum
requirements for effective processing by the home
jurisdiction.
    (d) Upon receipt of the report, the Secretary shall
transmit to the licensing authority in the home jurisdiction of
the motorist the information in a form and content as contained
in the Compact Manual.
    (e) The Secretary may not, except as provided under Section
6-306.4 of this Code, suspend the privileges of a motorist for
whom a report has been transmitted, under the terms of this
Compact, to another member jurisdiction.
    (f) The Secretary shall not transmit a report on any
violation if the date of transmission is more than 6 months
after the date on which the traffic citation was issued.
    (g) The Secretary shall not transmit a report on any
violation where the date of issuance of the citation predates
the most recent of the effective dates of entry for the two
jurisdictions affected.
(Source: P.A. 84-1231.)
 
    (625 ILCS 5/6-306.4 rep.)
    Section 10. The Illinois Vehicle Code is amended by
repealing Section 6-306.4.

Effective Date: 1/1/2019