Full Text of HB4476 100th General Assembly
HB4476enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-711, 6-308, and 6-803 as follows:
| 6 | | (625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
| 7 | | Sec. 3-711.
Whenever a court convicts a person of a | 8 | | violation of
Section 3-707, 3-708 or 3-710 of this Code, or | 9 | | enters an order placing on
supervision the person charged with | 10 | | the violation, the clerk of the court
within 5 days shall | 11 | | forward a report of the conviction or order of
supervision to | 12 | | the Secretary of State in a form prescribed by the
Secretary. | 13 | | In any case where the person charged with the violation fails | 14 | | to
appear in court, the procedures provided in Section 6-306.4 | 15 | | or 6-308 of
this Code , whichever is applicable shall apply.
| 16 | | The Secretary shall keep records of such reports. However, | 17 | | reports of
orders of supervision shall not be released to any | 18 | | outside source, except
the affected driver and law enforcement | 19 | | agencies, and shall be used only to
inform the Secretary and | 20 | | the
courts that such driver previously has been assigned court | 21 | | supervision.
| 22 | | (Source: P.A. 98-870, eff. 1-1-15 .)
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| 1 | | (625 ILCS 5/6-308) | 2 | | Sec. 6-308. Procedures for traffic violations. | 3 | | (a) Any person cited for violating this Code or a similar | 4 | | provision of a local ordinance for which a violation is a petty | 5 | | offense as defined by Section 5-1-17 of the Unified Code of | 6 | | Corrections, excluding business offenses as defined by Section | 7 | | 5-1-2 of the Unified Code of Corrections or a violation of | 8 | | Section 15-111 or subsection (d) of Section 3-401 of this Code, | 9 | | shall not be required to sign the citation or post bond to | 10 | | secure bail for his or her release. When required by Illinois | 11 | | Supreme Court Rule, the person shall sign the citation. All | 12 | | other provisions of this Code or similar provisions of local | 13 | | ordinances shall be governed by the bail provisions of the | 14 | | Illinois Supreme Court Rules when it is not practical or | 15 | | feasible to take the person before a judge to have bail set or | 16 | | to avoid undue delay because of the hour or circumstances. | 17 | | (b) Whenever a person fails to appear in court, the court | 18 | | may continue the case for a minimum of 30 days and the clerk of | 19 | | the court shall send notice of the continued court date to the | 20 | | person's last known address. If the person does not appear in | 21 | | court on or before the continued court date or satisfy the | 22 | | court that the person's appearance in and surrender to the | 23 | | court is impossible for no fault of the person, the court shall | 24 | | enter an order of failure to appear. The clerk of the court | 25 | | shall notify the Secretary of State, on a report prescribed by | 26 | | the Secretary, of the court's order. The Secretary, when |
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| 1 | | notified by the clerk of the court that an order of failure to | 2 | | appear has been entered, shall immediately suspend the person's | 3 | | driver's license, which shall be designated by the Secretary as | 4 | | a Failure to Appear suspension. The Secretary shall not remove | 5 | | the suspension, nor issue any permit or privileges to the | 6 | | person whose license has been suspended, until notified by the | 7 | | ordering court that the person has appeared and resolved the | 8 | | violation. Upon compliance, the clerk of the court shall | 9 | | present the person with a notice of compliance containing the | 10 | | seal of the court, and shall notify the Secretary that the | 11 | | person has appeared and resolved the violation. | 12 | | (c) Illinois Supreme Court Rules shall govern bail and | 13 | | appearance procedures when a person who is a resident of | 14 | | another state that is not a member of the Nonresident Violator | 15 | | Compact of 1977 is cited for violating this Code or a similar | 16 | | provision of a local ordinance.
| 17 | | (Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)
| 18 | | (625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
| 19 | | Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When | 20 | | issuing a citation
for a traffic violation, a police officer | 21 | | shall issue the citation
to a motorist who possesses a valid | 22 | | driver's license issued by a party
jurisdiction
and shall not, | 23 | | subject to the exceptions noted in Section 6-306.4 of this
Code | 24 | | and paragraph (b) of this
Section , require the motorist to post | 25 | | collateral to secure appearance, if
the officer receives the |
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| 1 | | motorist's personal recognizance to comply with
the terms of | 2 | | the citation.
| 3 | | (b) Personal recognizance is acceptable only if not | 4 | | prohibited by law.
If mandatory appearance is required, it must | 5 | | take place according to law,
following issuance of the | 6 | | citation.
| 7 | | (c) Upon failure of a motorist to comply with the terms of | 8 | | a traffic citation,
the appropriate official shall report the | 9 | | failure to comply, in a manner
prescribed by the Secretary, to | 10 | | the licensing authority of the jurisdiction
in which the | 11 | | traffic citation was issued. The report shall be made in | 12 | | accordance
with procedures specified by the Secretary and shall | 13 | | contain information
as specified by the Secretary as minimum | 14 | | requirements for effective processing
by the home | 15 | | jurisdiction.
| 16 | | (d) Upon receipt of the report, the Secretary shall | 17 | | transmit to the licensing
authority in the home jurisdiction of | 18 | | the motorist the information in a
form and content as contained | 19 | | in the Compact Manual.
| 20 | | (e) The Secretary may not , except as provided under Section | 21 | | 6-306.4 of
this Code, suspend the privileges of a motorist for | 22 | | whom
a report has been transmitted, under the terms of this | 23 | | Compact, to another
member jurisdiction.
| 24 | | (f) The Secretary shall not transmit a report on any | 25 | | violation if the
date of transmission is more than 6 months | 26 | | after the date on which the traffic
citation was issued.
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| 1 | | (g) The Secretary shall not transmit a report on any | 2 | | violation where the
date of issuance of the citation predates | 3 | | the most recent of the effective
dates of entry for the two | 4 | | jurisdictions affected.
| 5 | | (Source: P.A. 84-1231.)
| 6 | | (625 ILCS 5/6-306.4 rep.) | 7 | | Section 10. The Illinois Vehicle Code is amended by | 8 | | repealing Section 6-306.4.
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