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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 3-711, 6-601, and 6-803 and adding Section 6-308 as | ||||||
6 | follows:
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7 | (625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
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8 | Sec. 3-711.
Whenever a court convicts a person of a | ||||||
9 | violation of
Section 3-707, 3-708 or 3-710 of this Code, or | ||||||
10 | enters an order placing on
supervision the person charged with | ||||||
11 | the violation, the clerk of the court
within 5 10 days shall | ||||||
12 | forward a report of the conviction or order of
supervision to | ||||||
13 | the Secretary of State in a form prescribed by the
Secretary. | ||||||
14 | In any case where the person charged with the violation fails | ||||||
15 | to
appear in court, the procedures provided in Section 6-308 | ||||||
16 | 6-306.3 or 6-306.4 of
this Code, whichever is applicable shall | ||||||
17 | apply.
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18 | The Secretary shall keep records of such reports. However, | ||||||
19 | reports of
orders of supervision shall not be released to any | ||||||
20 | outside source, except
the affected driver and law enforcement | ||||||
21 | agencies, and shall be used only to
inform the Secretary and | ||||||
22 | the
courts that such driver previously has been assigned court | ||||||
23 | supervision.
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1 | (Source: P.A. 86-149.)
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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 | ||||||
5 | provision of a local ordinance for which a violation is a petty | ||||||
6 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
7 | Corrections shall not be required to post bond. All other | ||||||
8 | provisions of this Code or similar provisions of local | ||||||
9 | ordinances shall be governed by the bail provisions of the | ||||||
10 | Illinois Supreme Court Rules when it is not practical or | ||||||
11 | feasible to take the person before a judge to have bail set or | ||||||
12 | to avoid undue delay because of the hour or circumstances. | ||||||
13 | (b) Whenever a person fails to appear in court or pay any | ||||||
14 | traffic fine, penalty, or cost imposed for a violation of this | ||||||
15 | Code or a similar provision of a local ordinance, the court | ||||||
16 | shall continue the case for a minimum of 30 days and the clerk | ||||||
17 | of the court shall send notice of the continued court date to | ||||||
18 | the person's address of record with the Secretary of State. If | ||||||
19 | the person does not appear in court on the continued court | ||||||
20 | date, pay in full the amount necessary to satisfy the citation | ||||||
21 | on or before the continued court date, or satisfy the court | ||||||
22 | that the person's appearance in and surrender to the court is | ||||||
23 | impossible with no fault on the person's part, the court shall | ||||||
24 | enter an order of failure to appear or pay. The clerk of the | ||||||
25 | court shall notify the Secretary of State of the court's order. |
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1 | The Secretary of State, when notified by the clerk of the court | ||||||
2 | that an order of failure to appear or pay has been entered, | ||||||
3 | shall immediately suspend the driver's license. The suspension | ||||||
4 | of the person's driving privileges resulting from a failure to | ||||||
5 | appear or pay shall be designated by the Secretary as a Failure | ||||||
6 | to Appear suspension. The Secretary shall not remove the | ||||||
7 | suspension, nor issue any hardship permit or privilege to the | ||||||
8 | person whose license has been suspended, until notified by the | ||||||
9 | ordering court that the person has complied or paid in full the | ||||||
10 | amount required to satisfy the judgment and paid any suspension | ||||||
11 | reinstatement fee required by the Secretary. Upon payment in | ||||||
12 | full of a fine, penalty, or court cost which has previously | ||||||
13 | been reported under this Section as unpaid, or in which an | ||||||
14 | order of failure to appear has been entered and reported, the | ||||||
15 | clerk of the court shall present the person with a signed | ||||||
16 | receipt containing the seal of the court indicating the fine, | ||||||
17 | penalty, or cost has been paid in full, and shall notify the | ||||||
18 | Secretary of State that the person has complied or that the | ||||||
19 | fine, penalty, or cost has been paid in full. | ||||||
20 | (c) This Section does not apply to fines, penalties, or | ||||||
21 | costs to be collected subsequent to orders of court supervision | ||||||
22 | or other available court diversions.
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23 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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24 | Sec. 6-601. Penalties.
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25 | (a) It is a petty offense for any person to violate any of |
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1 | the
provisions of this Chapter unless such violation is by this | ||||||
2 | Code or other
law of this State declared to be a misdemeanor or | ||||||
3 | a felony.
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4 | (b) General penalties. Unless another penalty is in this | ||||||
5 | Code
or other laws of this State, every person convicted of a | ||||||
6 | petty
offense for the violation of any provision of this | ||||||
7 | Chapter shall be
punished by a fine of at least $50 but not | ||||||
8 | more than $500.
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9 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
10 | violation
of Section 6-101 shall be:
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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.
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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,
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18 | or is not qualified to obtain a driver's license or permit | ||||||
19 | because of his age.
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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 | ||||||
25 | Section 6-308 6-303 for
operating a motor vehicle during a time | ||||||
26 | when such licensee's driver's license
was suspended under the |
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1 | provisions of Section 6-308 6-306.3 , then such act shall be
a | ||||||
2 | petty offense (provided the licensee has answered the charge | ||||||
3 | which was the
basis of the suspension under Section 6-306.3), | ||||||
4 | and there shall be imposed no
additional like period of | ||||||
5 | suspension as provided in paragraph (b) of Section
6-308 6-303 .
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6 | (Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13 .)
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7 | (625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
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8 | Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When | ||||||
9 | issuing a citation
for a traffic violation, a police officer | ||||||
10 | shall issue the citation
to a motorist who possesses a valid | ||||||
11 | driver's license issued by a party
jurisdiction
and shall not, | ||||||
12 | subject to the exceptions noted in Section 6-308 6-306.4 of | ||||||
13 | this
Code and paragraph (b) of this
Section require the | ||||||
14 | motorist to post collateral to secure appearance, if
the | ||||||
15 | officer receives the motorist's personal recognizance to | ||||||
16 | comply with
the terms of the citation.
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17 | (b) Personal recognizance is acceptable only if not | ||||||
18 | prohibited by law.
If mandatory appearance is required, it must | ||||||
19 | take place according to law,
following issuance of the | ||||||
20 | citation.
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21 | (c) Upon failure of a motorist to comply with the terms of | ||||||
22 | a traffic citation,
the appropriate official shall report the | ||||||
23 | failure to comply, in a manner
prescribed by the Secretary, to | ||||||
24 | the licensing authority of the jurisdiction
in which the | ||||||
25 | traffic citation was issued. The report shall be made in |
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1 | accordance
with procedures specified by the Secretary and shall | ||||||
2 | contain information
as specified by the Secretary as minimum | ||||||
3 | requirements for effective processing
by the home | ||||||
4 | jurisdiction.
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5 | (d) Upon receipt of the report, the Secretary shall | ||||||
6 | transmit to the licensing
authority in the home jurisdiction of | ||||||
7 | the motorist the information in a
form and content as contained | ||||||
8 | in the Compact Manual.
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9 | (e) The Secretary may not, except as provided under Section | ||||||
10 | 6-308 6-306.4 of
this Code, suspend the privileges of a | ||||||
11 | motorist for whom
a report has been transmitted, under the | ||||||
12 | terms of this Compact, to another
member jurisdiction.
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13 | (f) The Secretary shall not transmit a report on any | ||||||
14 | violation if the
date of transmission is more than 6 months | ||||||
15 | after the date on which the traffic
citation was issued.
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16 | (g) The Secretary shall not transmit a report on any | ||||||
17 | violation where the
date of issuance of the citation predates | ||||||
18 | the most recent of the effective
dates of entry for the two | ||||||
19 | jurisdictions affected.
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20 | (Source: P.A. 84-1231.)
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21 | (625 ILCS 5/6-306.3 rep.) | ||||||
22 | Section 10. The Illinois Vehicle Code is amended by | ||||||
23 | repealing 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 | ||||||
2 | repealing Section 6-306.4. | ||||||
3 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
4 | amended by changing Section 110-15 as follows:
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5 | (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
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6 | Sec. 110-15. Applicability of provisions for giving and | ||||||
7 | taking bail. The provisions of Sections 110-7 and 110-8 of this | ||||||
8 | Code are exclusive of
other provisions of law for the giving, | ||||||
9 | taking, or enforcement of bail. In
all cases where a person is | ||||||
10 | admitted to bail the provisions of Sections
110-7 and 110-8 of | ||||||
11 | this Code shall be applicable.
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12 | However, the Supreme Court may, by rule or order, prescribe | ||||||
13 | a uniform
schedule of amounts of bail in all but felony | ||||||
14 | offenses. No bail amounts shall be required for petty offenses. | ||||||
15 | specified traffic and conservation cases,
quasi-criminal | ||||||
16 | offenses, and misdemeanors. Such uniform schedule may
provide | ||||||
17 | that the cash deposit provisions of Section 110-7 shall not | ||||||
18 | apply
to bail amounts established for alleged violations | ||||||
19 | punishable by fine
alone , and the schedule may further provide | ||||||
20 | that in specified traffic cases
a valid Illinois chauffeur's or | ||||||
21 | operator's license must be deposited, in
addition to 10% of the | ||||||
22 | amount of the bail specified in the schedule .
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23 | (Source: Laws 1967, p. 2969 .)
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