HB0277enr 103RD GENERAL ASSEMBLY

 


 
HB0277 EnrolledLRB103 03803 LNS 48809 b

1    AN ACT concerning courts.
 
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
5changing Section 6-308 as follows:
 
6    (625 ILCS 5/6-308)
7    Sec. 6-308. Procedures for traffic violations.
8    (a) Any person cited for violating this Code or a similar
9provision of a local ordinance for which a violation is a petty
10offense as defined by Section 5-1-17 of the Unified Code of
11Corrections, excluding business offenses as defined by Section
125-1-2 of the Unified Code of Corrections or a violation of
13Section 15-111 or subsection (d) of Section 3-401 of this
14Code, shall not be required to sign the citation for his or her
15release. All other provisions of this Code or similar
16provisions of local ordinances shall be governed by the
17pretrial release provisions of the Illinois Supreme Court
18Rules when it is not practical or feasible to take the person
19before a judge to have conditions of pretrial release set or to
20avoid undue delay because of the hour or circumstances.
21    (b) Whenever a person fails to appear in court, the court
22may continue the case for a minimum of 30 days and the clerk of
23the court shall send notice of the continued court date to the

 

 

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1person's last known address and, if the clerk of the court
2elects to establish a system to send text, email, and
3telephone notifications, may also send notifications to an
4email address and may send a text message to the person's last
5known cellular telephone number. If the person does not have a
6cellular telephone number, the clerk of the court may reach
7the person by calling the person's last known landline
8telephone number regarding continued court dates. The notice
9shall include a statement that a subsequent failure to appear
10in court could result in a warrant for the defendant's arrest
11and other significant consequences affecting their driving
12privileges. If the person does not (i) appear in court on or
13before the continued court date, (ii) satisfy the charge
14without a court appearance if allowed by Illinois Supreme
15Court Rule, or (iii) satisfy the court that the person's
16appearance in and surrender to the court is impossible for no
17fault of the person, the court shall enter an ex parte judgment
18of conviction imposing a single assessment, specified in the
19applicable assessment Schedule 10, 10.5, or 11 for the charged
20offense, as provided in the Criminal and Traffic Assessment
21Act, plus a fine allowed by statute. The clerk of the court
22shall notify the Secretary of State, in a form and manner
23prescribed by the Secretary, of the court's order. If the
24person does not appear in court on or before the continued
25court date or satisfy the court that the person's appearance
26in and surrender to the court is impossible for no fault of the

 

 

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1person, the court shall enter an order of failure to appear.
2The clerk of the court shall notify the Secretary of State, on
3a report prescribed by the Secretary, of the court's order.
4The Secretary, when notified by the clerk of the court that an
5order of failure to appear has been entered, shall immediately
6suspend the person's driver's license, which shall be
7designated by the Secretary as a Failure to Appear suspension.
8The Secretary shall not remove the suspension, nor issue any
9permit or privileges to the person whose license has been
10suspended, until notified by the ordering court that the
11person has appeared and resolved the violation. Upon
12compliance, the clerk of the court shall present the person
13with a notice of compliance containing the seal of the court,
14and shall notify the Secretary that the person has appeared
15and resolved the violation.
16    (c) Illinois Supreme Court Rules shall govern pretrial
17release and appearance procedures when a person who is a
18resident of another state that is not a member of the
19Nonresident Violator Compact of 1977 is cited for violating
20this Code or a similar provision of a local ordinance.
21    (d) The changes made to this Section by this amendatory
22Act of the 103rd General Assembly apply to each individual
23whose license was suspended pursuant to this Section between
24January 1, 2020 and the effective date of this amendatory Act
25of the 103rd General Assembly, and the suspension shall be
26lifted by the Secretary of State without further action by any

 

 

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1court.
2(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)