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


Sen. Michael Noland

Filed: 3/4/2014





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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, 6-601, and 6-803 and adding Section
66-308 as 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
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 6-308
166-306.3 or 6-306.4 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 shall not be required to post bond. All other
15provisions of this Code or similar provisions of local
16ordinances shall be governed by the bail provisions of the
17Illinois Supreme Court Rules when it is not practical or
18feasible to take the person before a judge to have bail set or
19to avoid undue delay because of the hour or circumstances.
20    (b) Whenever a person fails to appear in court or pay any
21traffic fine, penalty, or cost imposed for a violation of this
22Code or a similar provision of a local ordinance the court
23shall continue the case for a minimum of 30 days and the clerk
24of the court shall send notice of the continued court date to
25the person's address of record with the Secretary of State. If



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1the person does not appear in court on the continued court
2date, pay in full the amount necessary to satisfy the citation
3on or before the continued court date, or satisfy the court
4that the person's appearance in and surrender to the court is
5impossible with no fault on the person's part, the court shall
6enter an order of failure to appear or pay. The clerk of the
7court shall notify the Secretary of State of the court's order.
8The Secretary of State, when notified by the clerk of the court
9that an order of failure to appear or pay has been entered,
10shall immediately suspend the driver's license. The suspension
11of the person's driving privileges resulting from a failure to
12appear or pay shall be designated by the Secretary as a Failure
13to Appear suspension. The Secretary shall not remove the
14suspension, nor issue any hardship permit or privilege to the
15person whose license has been suspended, until notified by the
16ordering court that the person has complied or paid in full the
17amount required to satisfy the judgment and paid any suspension
18reinstatement fee required by the Secretary. Upon payment in
19full of a fine, penalty, or court cost which has previously
20been reported under this Section as unpaid, or in which an
21order of failure to appear has been entered and reported, the
22clerk of the court shall present the person with a signed
23receipt containing the seal of the court indicating the fine,
24penalty, or cost has been paid in full, and shall notify the
25Secretary of State that the person has complied or that the
26fine, penalty, or cost has been paid in full.



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1    (c) This Section does not apply to fines, penalties, or
2costs to be collected subsequent to orders of court supervision
3or other available court diversions.
4    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
5    Sec. 6-601. Penalties.
6    (a) It is a petty offense for any person to violate any of
7the provisions of this Chapter unless such violation is by this
8Code or other law of this State declared to be a misdemeanor or
9a felony.
10    (b) General penalties. Unless another penalty is in this
11Code or other laws of this State, every person convicted of a
12petty offense for the violation of any provision of this
13Chapter shall be punished by a fine of at least $50 but not
14more than $500.
15    (c) Unlicensed driving. Except as hereinafter provided a
16violation of Section 6-101 shall be:
17        1. A Class A misdemeanor if the person failed to obtain
18    a driver's license or permit after expiration of a period
19    of revocation.
20        2. A Class B misdemeanor if the person has been issued
21    a driver's license or permit, which has expired, and if the
22    period of expiration is greater than one year; or if the
23    person has never been issued a driver's license or permit,
24    or is not qualified to obtain a driver's license or permit
25    because of his age.



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1        3. A petty offense if the person has been issued a
2    temporary visitor's driver's license or permit and is
3    unable to provide proof of liability insurance as provided
4    in subsection (d-5) of Section 6-105.1.
5    If a licensee under this Code is convicted of violating
6Section 6-308 6-303 for operating a motor vehicle during a time
7when such licensee's driver's license was suspended under the
8provisions of Section 6-308 6-306.3, then such act shall be a
9petty offense (provided the licensee has answered the charge
10which was the basis of the suspension under Section 6-306.3),
11and there shall be imposed no additional like period of
12suspension as provided in paragraph (b) of Section 6-308 6-303.
13(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)
14    (625 ILCS 5/6-803)  (from Ch. 95 1/2, par. 6-803)
15    Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When
16issuing a citation for a traffic violation, a police officer
17shall issue the citation to a motorist who possesses a valid
18driver's license issued by a party jurisdiction and shall not,
19subject to the exceptions noted in Section 6-308 6-306.4 of
20this Code and paragraph (b) of this Section require the
21motorist to post collateral to secure appearance, if the
22officer receives the motorist's personal recognizance to
23comply with the terms of the citation.
24    (b) Personal recognizance is acceptable only if not
25prohibited by law. If mandatory appearance is required, it must



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1take place according to law, following issuance of the
3    (c) Upon failure of a motorist to comply with the terms of
4a traffic citation, the appropriate official shall report the
5failure to comply, in a manner prescribed by the Secretary, to
6the licensing authority of the jurisdiction in which the
7traffic citation was issued. The report shall be made in
8accordance with procedures specified by the Secretary and shall
9contain information as specified by the Secretary as minimum
10requirements for effective processing by the home
12    (d) Upon receipt of the report, the Secretary shall
13transmit to the licensing authority in the home jurisdiction of
14the motorist the information in a form and content as contained
15in the Compact Manual.
16    (e) The Secretary may not, except as provided under Section
176-308 6-306.4 of this Code, suspend the privileges of a
18motorist for whom a report has been transmitted, under the
19terms of this Compact, to another member jurisdiction.
20    (f) The Secretary shall not transmit a report on any
21violation if the date of transmission is more than 6 months
22after the date on which the traffic citation was issued.
23    (g) The Secretary shall not transmit a report on any
24violation where the date of issuance of the citation predates
25the most recent of the effective dates of entry for the two
26jurisdictions affected.



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1(Source: P.A. 84-1231.)
2    (625 ILCS 5/6-306.3 rep.)
3    Section 10. The Illinois Vehicle Code is amended by
4repealing Section 6-306.3.
5    (625 ILCS 5/6-306.4 rep.)
6    Section 15. The Illinois Vehicle Code is amended by
7repealing Section 6-306.4.
8    Section 20. The Code of Criminal Procedure of 1963 is
9amended by changing Section 110-15 as follows:
10    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
11    Sec. 110-15. Applicability of provisions for giving and
12taking bail. The provisions of Sections 110-7 and 110-8 of this
13Code are exclusive of other provisions of law for the giving,
14taking, or enforcement of bail. In all cases where a person is
15admitted to bail the provisions of Sections 110-7 and 110-8 of
16this Code shall be applicable.
17    However, the Supreme Court may, by rule or order, prescribe
18a uniform schedule of amounts of bail in all but felony
19offenses. No bail amounts shall be required for petty offenses.
20specified traffic and conservation cases, quasi-criminal
21offenses, and misdemeanors. Such uniform schedule may provide
22that the cash deposit provisions of Section 110-7 shall not



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1apply to bail amounts established for alleged violations
2punishable by fine alone, and the schedule may further provide
3that in specified traffic cases a valid Illinois chauffeur's or
4operator's license must be deposited, in addition to 10% of the
5amount of the bail specified in the schedule.
6(Source: Laws 1967, p. 2969.)".