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| Public Act 098-0870 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 3-711 and 6-601 and adding Section 6-308 as follows:
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(625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
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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 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 or 6-308 of
this Code, whichever is applicable shall | ||||
apply.
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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.
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(Source: P.A. 86-149.)
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(625 ILCS 5/6-308 new) | ||
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 of this Code, shall not be required to post | ||
bond. 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 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.
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(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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Sec. 6-601. Penalties.
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(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.
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(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.
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(c) Unlicensed driving. Except as hereinafter provided a | ||
violation
of Section 6-101 shall be:
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1. A Class A misdemeanor if the person failed to obtain | ||
a driver's
license or permit after expiration of a period | ||
of revocation.
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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,
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or is not qualified to obtain a driver's license or permit | ||
because of his age.
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3. A petty offense if the person has been issued a | ||
temporary visitor's driver's license or permit and is | ||
unable to provide proof of liability insurance as provided | ||
in subsection (d-5) of Section 6-105.1. | ||
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 6-306.3 or 6-308, then such act shall be
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a petty offense (provided the licensee has answered the charge | ||
which was the
basis of the suspension under Section 6-306.3 or | ||
6-308), and there shall be imposed no
additional like period of | ||
suspension as provided in paragraph (b) of Section
6-303.
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(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)
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(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:
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(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
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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.
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However, the Supreme Court may, by rule or order, prescribe | ||
a uniform
schedule of amounts of bail in all but felony | ||
offenses. No bail amounts shall be required for petty offenses. | ||
specified traffic and conservation cases,
quasi-criminal | ||
offenses, and misdemeanors. 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.
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(Source: Laws 1967, p. 2969.)
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