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


Rep. John D'Amico

Filed: 4/30/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2583 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-711 and 6-601 and adding Section 6-308 as
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
9violation of Section 3-707, 3-708 or 3-710 of this Code, or
10enters an order placing on supervision the person charged with
11the violation, the clerk of the court within 5 10 days shall
12forward a report of the conviction or order of supervision to
13the Secretary of State in a form prescribed by the Secretary.
14In any case where the person charged with the violation fails
15to appear in court, the procedures provided in Section 6-306.3
16or 6-306.4 or 6-308 of this Code, whichever is applicable shall



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2    The Secretary shall keep records of such reports. However,
3reports of orders of supervision shall not be released to any
4outside source, except the affected driver and law enforcement
5agencies, and shall be used only to inform the Secretary and
6the courts that such driver previously has been assigned court
8(Source: P.A. 86-149.)
9    (625 ILCS 5/6-308 new)
10    Sec. 6-308. Procedures for traffic violations.
11    (a) Any person cited for violating this Code or a similar
12provision of a local ordinance for which a violation is a petty
13offense as defined by Section 5-1-17 of the Unified Code of
14Corrections, excluding business offenses as defined by Section
155-1-2 of the Unified Code of Corrections or a violation of
16Section 15-111 of this Code, shall not be required to post
17bond. When required by Illinois Supreme Court Rule, the person
18shall sign the citation. All other provisions of this Code or
19similar provisions of local ordinances shall be governed by the
20bail provisions of the Illinois Supreme Court Rules when it is
21not practical or feasible to take the person before a judge to
22have bail set or to avoid undue delay because of the hour or
24    (b) Whenever a person fails to appear in court, the court
25may continue the case for a minimum of 30 days and the clerk of



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1the court shall send notice of the continued court date to the
2person's last known address. If the person does not appear in
3court on or before the continued court date or satisfy the
4court that the person's appearance in and surrender to the
5court is impossible for no fault of the person, the court shall
6enter an order of failure to appear. The clerk of the court
7shall notify the Secretary of State of the court's order. The
8Secretary, when notified by the clerk of the court that an
9order of failure to appear has been entered, shall immediately
10suspend the person's driver's license, which shall be
11designated by the Secretary as a Failure to Appear suspension.
12The Secretary shall not remove the suspension, nor issue any
13permit or privileges to the person whose license has been
14suspended, until notified by the ordering court that the person
15has appeared and resolved the violation. Upon compliance, the
16clerk of the court shall present the person with a notice of
17compliance containing the seal of the court, and shall notify
18the Secretary that the person has appeared and resolved the
20    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
21    Sec. 6-601. Penalties.
22    (a) It is a petty offense for any person to violate any of
23the provisions of this Chapter unless such violation is by this
24Code or other law of this State declared to be a misdemeanor or
25a felony.



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1    (b) General penalties. Unless another penalty is in this
2Code or other laws of this State, every person convicted of a
3petty offense for the violation of any provision of this
4Chapter shall be punished by a fine of not more than $500.
5    (c) Unlicensed driving. Except as hereinafter provided a
6violation of Section 6-101 shall be:
7        1. A Class A misdemeanor if the person failed to obtain
8    a driver's license or permit after expiration of a period
9    of revocation.
10        2. A Class B misdemeanor if the person has been issued
11    a driver's license or permit, which has expired, and if the
12    period of expiration is greater than one year; or if the
13    person has never been issued a driver's license or permit,
14    or is not qualified to obtain a driver's license or permit
15    because of his age.
16        3. A petty offense if the person has been issued a
17    temporary visitor's driver's license or permit and is
18    unable to provide proof of liability insurance as provided
19    in subsection (d-5) of Section 6-105.1.
20    If a licensee under this Code is convicted of violating
21Section 6-303 for operating a motor vehicle during a time when
22such licensee's driver's license was suspended under the
23provisions of Section 6-306.3 or 6-308, then such act shall be
24a petty offense (provided the licensee has answered the charge
25which was the basis of the suspension under Section 6-306.3 or
266-308), and there shall be imposed no additional like period of



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1suspension as provided in paragraph (b) of Section 6-303.
2(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)
3    (625 ILCS 5/6-306.3 rep.)
4    Section 10. The Illinois Vehicle Code is amended by
5repealing Section 6-306.3.
6    Section 15. The Code of Criminal Procedure of 1963 is
7amended by changing Section 110-15 as follows:
8    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
9    Sec. 110-15. Applicability of provisions for giving and
10taking bail. The provisions of Sections 110-7 and 110-8 of this
11Code are exclusive of other provisions of law for the giving,
12taking, or enforcement of bail. In all cases where a person is
13admitted to bail the provisions of Sections 110-7 and 110-8 of
14this Code shall be applicable.
15    However, the Supreme Court may, by rule or order, prescribe
16a uniform schedule of amounts of bail in all but felony
17offenses. No bail amounts shall be required for petty offenses.
18specified traffic and conservation cases, quasi-criminal
19offenses, and misdemeanors. Such uniform schedule may provide
20that the cash deposit provisions of Section 110-7 shall not
21apply to bail amounts established for alleged violations
22punishable by fine alone, and the schedule may further provide
23that in specified traffic cases a valid Illinois chauffeur's or



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1operator's license must be deposited, in addition to 10% of the
2amount of the bail specified in the schedule.
3(Source: Laws 1967, p. 2969.)".