Rep. Mary E. Flowers
Filed: 4/9/2021
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1 | AMENDMENT TO HOUSE BILL 182
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2 | AMENDMENT NO. ______. Amend House Bill 182 on page 1, | ||||||
3 | immediately below line 3, by inserting:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-308 as follows: | ||||||
6 | (625 ILCS 5/6-308) | ||||||
7 | Sec. 6-308. Procedures for traffic violations. | ||||||
8 | (a) Any person cited for violating this Code or a similar | ||||||
9 | provision of a local ordinance for which a violation is a petty | ||||||
10 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
11 | Corrections, excluding business offenses as defined by Section | ||||||
12 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
13 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
14 | Code, shall not be required to sign the citation or post bond | ||||||
15 | to secure bail for his or her release. All other provisions of | ||||||
16 | this Code or similar provisions of local ordinances shall be |
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1 | governed by the bail provisions of the Illinois Supreme Court | ||||||
2 | Rules when it is not practical or feasible to take the person | ||||||
3 | before a judge to have bail set or to avoid undue delay because | ||||||
4 | of the hour or circumstances. | ||||||
5 | (b) Whenever a person fails to appear in court, the court | ||||||
6 | may continue the case for a minimum of 30 days and the clerk of | ||||||
7 | the court shall send notice of the continued court date to the | ||||||
8 | person's last known address. If the person does not appear in | ||||||
9 | court on or before the continued court date or satisfy the | ||||||
10 | court that the person's appearance in and surrender to the | ||||||
11 | court is impossible for no fault of the person, the court shall | ||||||
12 | enter an order of failure to appear. The clerk of the court | ||||||
13 | shall notify the Secretary of State, on a report prescribed by | ||||||
14 | the Secretary, of the court's order. The Secretary, when | ||||||
15 | notified by the clerk of the court that an order of failure to | ||||||
16 | appear has been entered, shall immediately suspend the | ||||||
17 | person's driver's license, which shall be designated by the | ||||||
18 | Secretary as a Failure to Appear suspension. The Secretary | ||||||
19 | shall not remove the suspension, nor issue any permit or | ||||||
20 | privileges to the person whose license has been suspended, | ||||||
21 | until notified by the ordering court that the person has | ||||||
22 | appeared and resolved the violation. Upon compliance, the | ||||||
23 | clerk of the court shall present the person with a notice of | ||||||
24 | compliance containing the seal of the court, and shall notify | ||||||
25 | the Secretary that the person has appeared and resolved the | ||||||
26 | violation. For purposes of this Section, a violation shall be |
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1 | deemed resolved if the person has appeared in court and the | ||||||
2 | court entered any final disposition, including: (i) a final | ||||||
3 | order regarding the person's guilt or innocence; or (ii) an | ||||||
4 | order granting a request by the State or local governmental | ||||||
5 | body that initiated the charges for permission not to | ||||||
6 | prosecute the charges. | ||||||
7 | (c) Illinois Supreme Court Rules shall govern bail and | ||||||
8 | appearance procedures when a person who is a resident of | ||||||
9 | another state that is not a member of the Nonresident Violator | ||||||
10 | Compact of 1977 is cited for violating this Code or a similar | ||||||
11 | provision of a local ordinance.
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12 | (Source: P.A. 100-674, eff. 1-1-19 .)"; and
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13 | on page 1, line 4, by replacing "5" with "10"; and
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14 | on page 2 by replacing line 6 through line 8 with the | ||||||
15 | following:
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16 | "(b) If Unless the prosecutor offender shows that the | ||||||
17 | default
was not due to the offender's his intentional refusal | ||||||
18 | to pay,
and or not due to a failure on the offender's his part | ||||||
19 | to make
a good faith effort to pay, the court may"; and
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20 | on page 4, immediately below line 4, by inserting the | ||||||
21 | following: | ||||||
22 | "Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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