State of Illinois
90th General Assembly
Legislation

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90_SB1446

      625 ILCS 5/6-306.3        from Ch. 95 1/2, par. 6-306.3
          Amends the Illinois  Vehicle  Code.   Makes  a  stylistic
      change  in provisions concerning the depositing of a driver's
      license in lieu of bail.
                                                     LRB9011520WHsb
                                               LRB9011520WHsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 6-306.3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 6-306.3 as follows:
 7        (625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
 8        Sec. 6-306.3.  License as bail.
 9        (a)  Except  as provided in Section 6-306.4 of this Code,
10    any person arrested and charged with a violation  of  Section
11    3-701, 3-707, or 3-710, or of any violation of Chapters 11 or
12    12  of  this  Code,  except the provisions of Sections 3-708,
13    11-401, 11-501, 11-503 or 11-504 of this Code shall have  the
14    option  of depositing his valid driver's license issued under
15    this Code with the officer demanding  bail  in  lieu  of  any
16    other  security  for his appearance in court in answer to any
17    such charge.
18        (b)  However, a uniform  bail  schedule  and  regulations
19    adopted  pursuant  to Supreme Court Rule or Order may require
20    that a driver's  license  issued  under  this  Code  must  be
21    deposited,  in  addition  to  appropriate cash deposit, where
22    persons arrested and charged with violating  Sections  3-708,
23    11-401,  11-501,  11-503 or 11-504 of this Code elect to take
24    advantage of the uniform schedule establishing the amount  of
25    bail in such cases.
26        (c)  When  a  license is deposited as security in lieu of
27    or in addition to bail, the  judge,  court  clerk,  or  other
28    official accepting such deposit shall issue to the licensee a
29    receipt  for such license upon a form approved or provided by
30    the Secretary of State.
31        (d)  If the licensee whose license has been deposited  as
                            -2-                LRB9011520WHsb
 1    security for bail does not appear in court in compliance with
 2    the  time  and place for hearing as notified in such receipt,
 3    or the continued date thereof, if any has been ordered by the
 4    court, the court shall continue the case for a minimum of  30
 5    days and require a notice of the continued court date be sent
 6    to the licensee at his last known address.  The clerk of such
 7    court shall notify the licensee of the court's order.  If the
 8    licensee  does  not  appear in and surrender on the continued
 9    court date, or within such period, satisfy the court that his
10    appearance in and surrender to the court  is  impossible  and
11    without any fault on his part, the court shall enter an order
12    of  failure  to appear to answer such charge after depositing
13    license in lieu of bail.   The  clerk  of  such  court  shall
14    notify the Secretary of State of the court's order.
15        The  Secretary  of  State,  when notified by the clerk of
16    such court that an order of failure to appear to answer  such
17    charge  after  depositing  license  in  lieu of bail has been
18    entered, shall immediately suspend the  driver's  license  of
19    such  licensee  without  a  hearing and shall not remove such
20    suspension, nor issue any hardship license  or  privilege  to
21    such  licensee  thereafter  until notified by such court that
22    the licensee has appeared and  answered  the  charges  placed
23    against him.
24        (e) 1.  Any  Illinois resident who has executed a written
25    promise to comply with  Section  6-306.2  of  this  Code,  in
26    effect  until  July  28, 1986, shall continue to be suspended
27    until he or she complies with the terms and conditions of the
28    written promise.
29        2.  The Secretary of State, when notified by the clerk of
30    such court that an order of failure to  appear  to  answer  a
31    charge  after  promising  to  appear  has been entered, shall
32    immediately suspend the driver's  license  of  such  licensee
33    without  a  hearing and shall not remove such suspension, nor
34    issue a  hardship  license  or  privilege  to  such  licensee
                            -3-                LRB9011520WHsb
 1    thereafter until notified by such court that the licensee has
 2    appeared and answered the charges placed against him.
 3    (Source: P.A. 88-315; 88-415; 88-670, eff. 12-2-94.)

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