Full Text of HB0277 103rd General Assembly
HB0277ham001 103RD GENERAL ASSEMBLY | Rep. Nicholas K. Smith Filed: 3/16/2023
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| 1 | | AMENDMENT TO HOUSE BILL 277
| 2 | | AMENDMENT NO. ______. Amend House Bill 277 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 9 | | provision of a local ordinance for which a violation is a petty | 10 | | offense as defined by Section 5-1-17 of the Unified Code of | 11 | | Corrections, excluding business offenses as defined by Section | 12 | | 5-1-2 of the Unified Code of Corrections or a violation of | 13 | | Section 15-111 or subsection (d) of Section 3-401 of this | 14 | | Code, shall not be required to sign the citation for his or her | 15 | | release. All other provisions of this Code or similar | 16 | | provisions of local ordinances shall be governed by the |
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| 1 | | pretrial release provisions of the Illinois Supreme Court | 2 | | Rules when it is not practical or feasible to take the person | 3 | | before a judge to have conditions of pretrial release set or to | 4 | | avoid undue delay because of the hour or circumstances. | 5 | | (b) Whenever a person fails to appear in court, the court | 6 | | may continue the case for a minimum of 30 days and the clerk of | 7 | | the court shall send notice of the continued court date to the | 8 | | person's last known address and, if the clerk of the court | 9 | | elects to establish a system to send text, email, and | 10 | | telephone notifications, may also send notifications to an | 11 | | email address and may send a text message to the person's last | 12 | | known cellular telephone number. If the person does not have a | 13 | | cellular telephone number, the clerk of the court may reach | 14 | | the person by calling the person's last known landline | 15 | | telephone number regarding continued court dates. The notice | 16 | | shall include a statement that a subsequent failure to appear | 17 | | in court could result in a warrant for the defendant's arrest | 18 | | and other significant consequences affecting their driving | 19 | | privileges . If the person does not appear in court on or before | 20 | | the continued court date or satisfy the court that the | 21 | | person's appearance in and surrender to the court is | 22 | | impossible for no fault of the person, the court shall enter an | 23 | | order of failure to appear. The clerk of the court shall notify | 24 | | the Secretary of State, on a report prescribed by the | 25 | | Secretary, of the court's order. The Secretary, when notified | 26 | | by the clerk of the court that an order of failure to appear |
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| 1 | | has been entered, shall immediately suspend the person's | 2 | | driver's license, which shall be designated by the Secretary | 3 | | as a Failure to Appear suspension. The Secretary shall not | 4 | | remove the suspension, nor issue any permit or privileges to | 5 | | the person whose license has been suspended, until notified by | 6 | | the ordering court that the person has appeared and resolved | 7 | | the violation. Upon compliance, the clerk of the court shall | 8 | | present the person with a notice of compliance containing the | 9 | | seal of the court, and shall notify the Secretary that the | 10 | | person has appeared and resolved the violation. | 11 | | (c) Illinois Supreme Court Rules shall govern pretrial | 12 | | release and appearance procedures when a person who is a | 13 | | resident of another state that is not a member of the | 14 | | Nonresident Violator Compact of 1977 is cited for violating | 15 | | this Code or a similar provision of a local ordinance.
| 16 | | (d) The changes made to this Section by this amendatory | 17 | | Act of the 103rd General Assembly apply to each individual | 18 | | whose license was suspended pursuant to this Section prior to | 19 | | the effective date of this amendatory Act of the 103rd General | 20 | | Assembly, and the suspension shall be lifted by the Secretary | 21 | | of State without further action by any court. | 22 | | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .) | 23 | | Section 10. The Unified Code of Corrections is amended by | 24 | | changing Section 5-9-3 as follows:
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| 1 | | (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
| 2 | | Sec. 5-9-3. Default.
| 3 | | (a) (Blank). An offender who defaults in the payment of a | 4 | | fine or
any
installment of that fine may be held in contempt | 5 | | and imprisoned for nonpayment. The
court may issue a summons | 6 | | for his appearance or a warrant of arrest.
| 7 | | (b) (Blank). Unless the offender shows that his default | 8 | | was not due to his
intentional refusal to pay, or not due to a | 9 | | failure on his part to make a
good faith effort to pay, the | 10 | | court may order the offender imprisoned for a
term not to | 11 | | exceed 6 months if the fine was for a felony, or 30 days if the
| 12 | | fine was for a misdemeanor, a petty offense or a business | 13 | | offense. Payment
of the fine at any time will entitle the | 14 | | offender to be released, but
imprisonment under this Section | 15 | | shall not satisfy the payment of the fine.
| 16 | | (c) (Blank). If it appears that the default in the payment | 17 | | of a fine is not
intentional under paragraph (b) of this | 18 | | Section, the court may enter an
order allowing the offender | 19 | | additional time for payment, reducing the
amount of the fine | 20 | | or of each installment, or revoking the fine or the
unpaid | 21 | | portion.
| 22 | | (d) (Blank). When a fine is imposed on a corporation or | 23 | | unincorporated
organization or association, it is the duty of | 24 | | the person or persons
authorized to make disbursement of | 25 | | assets, and their superiors, to pay the
fine from assets of the | 26 | | corporation or unincorporated organization or
association. The |
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| 1 | | failure of such persons to do so shall render them subject
to | 2 | | proceedings under paragraphs (a) and (b) of this Section.
| 3 | | (e) A default in the payment of a fine, fee, cost, order of | 4 | | restitution, judgment of bond forfeiture, judgment order of | 5 | | forfeiture, or any installment thereof
may be
collected by any | 6 | | and all means authorized for the collection of money | 7 | | judgments. The State's Attorney of the county in which the | 8 | | fine, fee, cost, order of restitution, judgment of bond | 9 | | forfeiture, or judgment order of forfeiture was imposed may | 10 | | retain
attorneys and private collection agents for the purpose | 11 | | of collecting any
default in payment of any fine, fee, cost, | 12 | | order of restitution, judgment of bond forfeiture, judgment | 13 | | order of forfeiture, or installment thereof. An additional fee | 14 | | of 30% of the delinquent amount and each taxable court cost | 15 | | including, without limitation, costs of service of process, | 16 | | shall be charged to the offender for any amount of the fine, | 17 | | fee, cost, restitution, or judgment of bond forfeiture or | 18 | | installment of the fine, fee, cost, restitution, or judgment | 19 | | of bond forfeiture that remains unpaid after the time fixed | 20 | | for payment of the fine, fee, cost, restitution, or judgment | 21 | | of bond forfeiture by the court. The additional fee shall be | 22 | | payable to the State's Attorney in order to compensate the | 23 | | State's Attorney for costs incurred in collecting the | 24 | | delinquent amount. The State's Attorney may enter into | 25 | | agreements assigning any portion of the fee to the retained | 26 | | attorneys or the private collection agent retained by the |
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| 1 | | State's Attorney. Any agreement between the State's Attorney | 2 | | and the retained attorneys or collection agents shall require | 3 | | the approval of the Circuit Clerk of that county. A default in | 4 | | payment of a fine, fee, cost, restitution, or judgment of bond | 5 | | forfeiture shall draw interest at the rate of 9% per annum.
| 6 | | (Source: P.A. 98-373, eff. 1-1-14.)".
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