Full Text of SB2583 98th General Assembly
SB2583eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 7 | | (625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
| 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.
| 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.)
| 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.
| 23 | | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| 24 | | Sec. 6-601. Penalties.
| 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.
| 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.
| 9 | | (c) Unlicensed driving. Except as hereinafter provided a | 10 | | violation
of Section 6-101 shall be:
| 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.
| 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,
| 18 | | or is not qualified to obtain a driver's license or permit | 19 | | because of his age.
| 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 .
| 6 | | (Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13 .)
| 7 | | (625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 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.
| 20 | | (Source: P.A. 84-1231.)
| 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:
| 5 | | (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
| 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.
| 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 .
| 23 | | (Source: Laws 1967, p. 2969 .)
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