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91_HB1112ham001
LRB9101602KSgcam01
1 AMENDMENT TO HOUSE BILL 1112
2 AMENDMENT NO. . Amend House Bill 1112 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by adding
5 Section 6-306.7."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 adding Section 6-306.7 as follows:
10 (625 ILCS 5/6-306.7 new)
11 Sec. 6-306.7. Written promise instead of bail.
12 (a) Except as indicated in subsection (b) of this
13 Section, any person cited by a police officer for violating a
14 provision of this Code or a similar provision of a local
15 ordinance shall have the option of being taken, without
16 unnecessary delay, before a court of jurisdiction or
17 executing a written promise to comply with the terms of the
18 citation by signing at least one copy of the Uniform Traffic
19 Ticket prepared by the police officer, unless one of the
20 following conditions applies:
21 (i) the person cannot furnish satisfactory evidence
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1 of identity; or
2 (ii) the police officer has probable cause to
3 believe the person will disregard the written promise to
4 comply with the citation; or
5 (iii) the police officer determines that the person
6 should be required to deposit a valid driver's license or
7 otherwise comply with the bail requirements of this
8 Article III rather than execute a written promise under
9 this subsection (a).
10 (b) Any person cited for violating the following
11 provisions of this Code or a similar provision of local
12 ordinances shall be governed by the bail provisions of the
13 Illinois Supreme Court Rules when it is not practical or
14 feasible to take the person before a judge to have bail set
15 or to avoid undue delay because of the hour or circumstances:
16 Section 3-101, Section 3-702, Section 3-707, Section 3-708,
17 Section 3-710, Chapter 4, Chapter 5, Section 6-101, Section
18 6-104, Section 6-113, Section 6-301, Section 6-303, Section
19 8-115, Section 11-204, Section 11-310, Section 11-311,
20 Section 11-312, Section 11-401, Section 11-402, Section
21 11-403, Section 11-404, Section 11-409, Section 11-501,
22 Section 11-503, Section 11-504, Section 11-601 when more
23 than 30 m.p.h. over the posted limit, Section 11-1006,
24 Section 11-1414, Section 15-102, Section 15-103, Section
25 15-107, 15-111, subsection (f) of Section 15-112, or
26 subsection (j) of Section 15-301.
27 (c) If the person does not execute the written promise
28 to comply with the original terms of the citation as
29 indicated in subsection (a), the court shall continue the
30 case for a minimum of 30 days and require that a notice of
31 the continued date be sent to the last known address of the
32 person. If the person does not appear or otherwise satisfy
33 the court on or before the continued court date, the court
34 shall enter an order of failure to answer the charge. The
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1 clerk of the court shall notify the Secretary of State of the
2 court's order within 21 days.
3 The Secretary of State, when notified by the clerk of the
4 court that an order has been issued, shall, in the case of an
5 Illinois licensed driver or unlicensed resident of this
6 State, suspend the driving privileges of the person without a
7 hearing and shall not remove the suspension nor issue a
8 restricted driving permit until after formal notification by
9 the court of jurisdiction that the person has appeared or
10 otherwise executed the written promise to comply with the
11 terms of the original citation. If the person is not an
12 Illinois licensed driver or resident, the Secretary of State
13 shall notify the appropriate driver's licensing authority in
14 the state where the person is licensed to drive or, if
15 unlicensed, then in the state where the person resides.".