Illinois General Assembly - Full Text of HB0277
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0277  103rd General Assembly


Rep. Nicholas K. Smith

Filed: 3/16/2023





10300HB0277ham001LRB103 03803 MXP 59362 a


2    AMENDMENT NO. ______. Amend House Bill 277 by replacing
3everything after the enacting clause with the following:
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



10300HB0277ham001- 2 -LRB103 03803 MXP 59362 a

1pretrial release provisions of the Illinois Supreme Court
2Rules when it is not practical or feasible to take the person
3before a judge to have conditions of pretrial release set or to
4avoid undue delay because of the hour or circumstances.
5    (b) Whenever a person fails to appear in court, the court
6may continue the case for a minimum of 30 days and the clerk of
7the court shall send notice of the continued court date to the
8person's last known address and, if the clerk of the court
9elects to establish a system to send text, email, and
10telephone notifications, may also send notifications to an
11email address and may send a text message to the person's last
12known cellular telephone number. If the person does not have a
13cellular telephone number, the clerk of the court may reach
14the person by calling the person's last known landline
15telephone number regarding continued court dates. The notice
16shall include a statement that a subsequent failure to appear
17in court could result in a warrant for the defendant's arrest
18and other significant consequences affecting their driving
19privileges. If the person does not appear in court on or before
20the continued court date or satisfy the court that the
21person's appearance in and surrender to the court is
22impossible for no fault of the person, the court shall enter an
23order of failure to appear. The clerk of the court shall notify
24the Secretary of State, on a report prescribed by the
25Secretary, of the court's order. The Secretary, when notified
26by the clerk of the court that an order of failure to appear



10300HB0277ham001- 3 -LRB103 03803 MXP 59362 a

1has been entered, shall immediately suspend the person's
2driver's license, which shall be designated by the Secretary
3as a Failure to Appear suspension. The Secretary shall not
4remove the suspension, nor issue any permit or privileges to
5the person whose license has been suspended, until notified by
6the ordering court that the person has appeared and resolved
7the violation. Upon compliance, the clerk of the court shall
8present the person with a notice of compliance containing the
9seal of the court, and shall notify the Secretary that the
10person has appeared and resolved the violation.
11    (c) Illinois Supreme Court Rules shall govern pretrial
12release and appearance procedures when a person who is a
13resident of another state that is not a member of the
14Nonresident Violator Compact of 1977 is cited for violating
15this Code or a similar provision of a local ordinance.
16    (d) The changes made to this Section by this amendatory
17Act of the 103rd General Assembly apply to each individual
18whose license was suspended pursuant to this Section prior to
19the effective date of this amendatory Act of the 103rd General
20Assembly, and the suspension shall be lifted by the Secretary
21of 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
24changing Section 5-9-3 as follows:



10300HB0277ham001- 4 -LRB103 03803 MXP 59362 a

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
4fine or any installment of that fine may be held in contempt
5and imprisoned for nonpayment. The court may issue a summons
6for his appearance or a warrant of arrest.
7    (b) (Blank). Unless the offender shows that his default
8was not due to his intentional refusal to pay, or not due to a
9failure on his part to make a good faith effort to pay, the
10court may order the offender imprisoned for a term not to
11exceed 6 months if the fine was for a felony, or 30 days if the
12fine was for a misdemeanor, a petty offense or a business
13offense. Payment of the fine at any time will entitle the
14offender to be released, but imprisonment under this Section
15shall not satisfy the payment of the fine.
16    (c) (Blank). If it appears that the default in the payment
17of a fine is not intentional under paragraph (b) of this
18Section, the court may enter an order allowing the offender
19additional time for payment, reducing the amount of the fine
20or of each installment, or revoking the fine or the unpaid
22    (d) (Blank). When a fine is imposed on a corporation or
23unincorporated organization or association, it is the duty of
24the person or persons authorized to make disbursement of
25assets, and their superiors, to pay the fine from assets of the
26corporation or unincorporated organization or association. The



10300HB0277ham001- 5 -LRB103 03803 MXP 59362 a

1failure of such persons to do so shall render them subject to
2proceedings under paragraphs (a) and (b) of this Section.
3    (e) A default in the payment of a fine, fee, cost, order of
4restitution, judgment of bond forfeiture, judgment order of
5forfeiture, or any installment thereof may be collected by any
6and all means authorized for the collection of money
7judgments. The State's Attorney of the county in which the
8fine, fee, cost, order of restitution, judgment of bond
9forfeiture, or judgment order of forfeiture was imposed may
10retain attorneys and private collection agents for the purpose
11of collecting any default in payment of any fine, fee, cost,
12order of restitution, judgment of bond forfeiture, judgment
13order of forfeiture, or installment thereof. An additional fee
14of 30% of the delinquent amount and each taxable court cost
15including, without limitation, costs of service of process,
16shall be charged to the offender for any amount of the fine,
17fee, cost, restitution, or judgment of bond forfeiture or
18installment of the fine, fee, cost, restitution, or judgment
19of bond forfeiture that remains unpaid after the time fixed
20for payment of the fine, fee, cost, restitution, or judgment
21of bond forfeiture by the court. The additional fee shall be
22payable to the State's Attorney in order to compensate the
23State's Attorney for costs incurred in collecting the
24delinquent amount. The State's Attorney may enter into
25agreements assigning any portion of the fee to the retained
26attorneys or the private collection agent retained by the



10300HB0277ham001- 6 -LRB103 03803 MXP 59362 a

1State's Attorney. Any agreement between the State's Attorney
2and the retained attorneys or collection agents shall require
3the approval of the Circuit Clerk of that county. A default in
4payment of a fine, fee, cost, restitution, or judgment of bond
5forfeiture shall draw interest at the rate of 9% per annum.
6(Source: P.A. 98-373, eff. 1-1-14.)".