Illinois General Assembly - Full Text of SB2583
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Full Text of SB2583  98th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 3-711 and 6-601 and adding Section 6-308 as follows:
6    (625 ILCS 5/3-711)  (from Ch. 95 1/2, par. 3-711)
7    Sec. 3-711. Whenever a court convicts a person of a
8violation of Section 3-707, 3-708 or 3-710 of this Code, or
9enters an order placing on supervision the person charged with
10the violation, the clerk of the court within 5 10 days shall
11forward a report of the conviction or order of supervision to
12the Secretary of State in a form prescribed by the Secretary.
13In any case where the person charged with the violation fails
14to appear in court, the procedures provided in Section 6-306.3
15or 6-306.4 or 6-308 of this Code, whichever is applicable shall
17    The Secretary shall keep records of such reports. However,
18reports of orders of supervision shall not be released to any
19outside source, except the affected driver and law enforcement
20agencies, and shall be used only to inform the Secretary and
21the courts that such driver previously has been assigned court
23(Source: P.A. 86-149.)



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1    (625 ILCS 5/6-308 new)
2    Sec. 6-308. Procedures for traffic violations.
3    (a) Any person cited for violating this Code or a similar
4provision of a local ordinance for which a violation is a petty
5offense as defined by Section 5-1-17 of the Unified Code of
6Corrections, excluding business offenses as defined by Section
75-1-2 of the Unified Code of Corrections or a violation of
8Section 15-111 of this Code, shall not be required to post
9bond. When required by Illinois Supreme Court Rule, the person
10shall sign the citation. All other provisions of this Code or
11similar provisions of local ordinances shall be governed by the
12bail provisions of the Illinois Supreme Court Rules when it is
13not practical or feasible to take the person before a judge to
14have bail set or to avoid undue delay because of the hour or
16    (b) Whenever a person fails to appear in court, the court
17may continue the case for a minimum of 30 days and the clerk of
18the court shall send notice of the continued court date to the
19person's last known address. If the person does not appear in
20court on or before the continued court date or satisfy the
21court that the person's appearance in and surrender to the
22court is impossible for no fault of the person, the court shall
23enter an order of failure to appear. The clerk of the court
24shall notify the Secretary of State of the court's order. The
25Secretary, when notified by the clerk of the court that an



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1order of failure to appear has been entered, shall immediately
2suspend the person's driver's license, which shall be
3designated by the Secretary as a Failure to Appear suspension.
4The Secretary shall not remove the suspension, nor issue any
5permit or privileges to the person whose license has been
6suspended, until notified by the ordering court that the person
7has appeared and resolved the violation. Upon compliance, the
8clerk of the court shall present the person with a notice of
9compliance containing the seal of the court, and shall notify
10the Secretary that the person has appeared and resolved the
12    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
13    Sec. 6-601. Penalties.
14    (a) It is a petty offense for any person to violate any of
15the provisions of this Chapter unless such violation is by this
16Code or other law of this State declared to be a misdemeanor or
17a felony.
18    (b) General penalties. Unless another penalty is in this
19Code or other laws of this State, every person convicted of a
20petty offense for the violation of any provision of this
21Chapter shall be punished by a fine of not more than $500.
22    (c) Unlicensed driving. Except as hereinafter provided a
23violation of Section 6-101 shall be:
24        1. A Class A misdemeanor if the person failed to obtain
25    a driver's license or permit after expiration of a period



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1    of revocation.
2        2. A Class B misdemeanor if the person has been issued
3    a driver's license or permit, which has expired, and if the
4    period of expiration is greater than one year; or if the
5    person has never been issued a driver's license or permit,
6    or is not qualified to obtain a driver's license or permit
7    because of his age.
8        3. A petty offense if the person has been issued a
9    temporary visitor's driver's license or permit and is
10    unable to provide proof of liability insurance as provided
11    in subsection (d-5) of Section 6-105.1.
12    If a licensee under this Code is convicted of violating
13Section 6-303 for operating a motor vehicle during a time when
14such licensee's driver's license was suspended under the
15provisions of Section 6-306.3 or 6-308, then such act shall be
16a petty offense (provided the licensee has answered the charge
17which was the basis of the suspension under Section 6-306.3 or
186-308), and there shall be imposed no additional like period of
19suspension as provided in paragraph (b) of Section 6-303.
20(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)
21    (625 ILCS 5/6-306.3 rep.)
22    Section 10. The Illinois Vehicle Code is amended by
23repealing Section 6-306.3.
24    Section 15. The Code of Criminal Procedure of 1963 is



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1amended by changing Section 110-15 as follows:
2    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
3    Sec. 110-15. Applicability of provisions for giving and
4taking bail. The provisions of Sections 110-7 and 110-8 of this
5Code are exclusive of other provisions of law for the giving,
6taking, or enforcement of bail. In all cases where a person is
7admitted to bail the provisions of Sections 110-7 and 110-8 of
8this Code shall be applicable.
9    However, the Supreme Court may, by rule or order, prescribe
10a uniform schedule of amounts of bail in all but felony
11offenses. No bail amounts shall be required for petty offenses.
12specified traffic and conservation cases, quasi-criminal
13offenses, and misdemeanors. Such uniform schedule may provide
14that the cash deposit provisions of Section 110-7 shall not
15apply to bail amounts established for alleged violations
16punishable by fine alone, and the schedule may further provide
17that in specified traffic cases a valid Illinois chauffeur's or
18operator's license must be deposited, in addition to 10% of the
19amount of the bail specified in the schedule.
20(Source: Laws 1967, p. 2969.)