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| [ House Amendment 001 ] |
91_HB1112
LRB9101602KSgc
1 AN ACT to amend the Illinois Vehicle Code by adding
2 Section 6-306.7 and by repealing Sections 6-306.3 and
3 6-306.4.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Vehicle Code is amended by
7 adding Section 6-306.7 as follows:
8 (625 ILCS 5/6-306.7 new)
9 Sec. 6-306.7. Written promise instead of bail.
10 (a) Except as indicated in subsection (b) of this
11 Section, any person cited by a police officer for violating a
12 provision of this Code or a similar provision of a local
13 ordinance shall have the option of being taken, without
14 unnecessary delay, before a court of jurisdiction or
15 executing a written promise to comply with the terms of the
16 citation by signing at least one copy of the Uniform Traffic
17 Ticket prepared by the police officer, unless the person
18 cannot furnish satisfactory evidence of identity or the
19 police officer has probable cause to believe the person will
20 disregard the written promise to comply with the citation.
21 The provisions of this subsection apply to both residents
22 of this State and to residents of any other state that is a
23 member jurisdiction of the Nonresident Violator Compact of
24 1977. However, if a nonresident is from a jurisdiction which
25 is not a member the Compact, then the rules established by
26 the Supreme Court for bail bond and appearance shall apply.
27 (b) Any person cited for violating the following
28 provisions of this Code or a similar provision of local
29 ordinances shall be governed by the bail provisions of the
30 Illinois Supreme Court Rules when it is not practical or
31 feasible to take the person before a judge to have bail set
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1 or to avoid undue delay because of the hour or circumstances:
2 Section 3-101, Section 3-702, Section 3-707, Section 3-708,
3 Section 3-710, Chapter 4, Chapter 5, Section 6-101, Section
4 6-104, Section 6-113, Section 6-301, Section 6-303, Section
5 8-115, Section 11-204, Section 11-310, Section 11-311,
6 Section 11-312, Section 11-401, Section 11-402, Section
7 11-403, Section 11-404, Section 11-409, Section 11-501,
8 Section 11-503, Section 11-504, Section 11-601 when more
9 than 30 m.p.h. over the posted limit, Section 11-1006,
10 Section 11-1414, Section 15-102, Section 15-103, Section
11 15-107, 15-111, subsection (f) of Section 15-112, or
12 subsection (j) of Section 15-301.
13 (c) If the person does not execute the written promise
14 to comply with the original terms of the citation as
15 indicated in subsection (a), the court shall continue the
16 case for a minimum of 30 days and require that a notice of
17 the continued date be sent to the last known address of the
18 person. If the person does not appear or otherwise satisfy
19 the court on or before the continued court date, the court
20 shall enter an order of failure to answer the charge. The
21 clerk of the court shall notify the Secretary of State of the
22 court's order within 21 days.
23 The Secretary of State, when notified by the clerk of the
24 court that an order has been issued, shall, in the case of an
25 Illinois licensed driver or unlicensed resident of this
26 State, suspend the driving privileges of the person without a
27 hearing and shall not remove the suspension nor issue a
28 restricted driving permit until after formal notification by
29 the court of jurisdiction that the person has appeared or
30 otherwise executed the written promise to comply with the
31 terms of the original citation. If the person is not an
32 Illinois licensed driver or resident, the Secretary of State
33 shall notify the appropriate driver's licensing authority in
34 the state where the person is licensed to drive or, if
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1 unlicensed, then in the state where the person resides.
2 (625 ILCS 5/6-306.3 rep.)
3 (625 ILCS 5/6-306.4 rep.)
4 Section 10. The Illinois Vehicle Code is amended by
5 repealing Sections 6-306.3 and 6-306.4.