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Public Act 100-0674
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| HB4476 Enrolled | LRB100 15889 AXK 31001 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 3-711, 6-308, and 6-803 as follows:
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(625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
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Sec. 3-711.
Whenever a court convicts a person of a |
violation of
Section 3-707, 3-708 or 3-710 of this Code, or |
enters an order placing on
supervision the person charged with |
the violation, the clerk of the court
within 5 days shall |
forward a report of the conviction or order of
supervision to |
the Secretary of State in a form prescribed by the
Secretary. |
In any case where the person charged with the violation fails |
to
appear in court, the procedures provided in Section 6-306.4 |
or 6-308 of
this Code, whichever is applicable shall apply.
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The Secretary shall keep records of such reports. However, |
reports of
orders of supervision shall not be released to any |
outside source, except
the affected driver and law enforcement |
agencies, and shall be used only to
inform the Secretary and |
the
courts that such driver previously has been assigned court |
supervision.
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(Source: P.A. 98-870, eff. 1-1-15.)
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(625 ILCS 5/6-308) |
Sec. 6-308. Procedures for traffic violations. |
(a) Any person cited for violating this Code or a similar |
provision of a local ordinance for which a violation is a petty |
offense as defined by Section 5-1-17 of the Unified Code of |
Corrections, excluding business offenses as defined by Section |
5-1-2 of the Unified Code of Corrections or a violation of |
Section 15-111 or subsection (d) of Section 3-401 of this Code, |
shall not be required to sign the citation or post bond to |
secure bail for his or her release. When required by Illinois |
Supreme Court Rule, the person shall sign the citation. All |
other provisions of this Code or similar provisions of local |
ordinances shall be governed by the bail provisions of the |
Illinois Supreme Court Rules when it is not practical or |
feasible to take the person before a judge to have bail set or |
to avoid undue delay because of the hour or circumstances. |
(b) Whenever a person fails to appear in court, the court |
may continue the case for a minimum of 30 days and the clerk of |
the court shall send notice of the continued court date to the |
person's last known address. If the person does not appear in |
court on or before the continued court date or satisfy the |
court that the person's appearance in and surrender to the |
court is impossible for no fault of the person, the court shall |
enter an order of failure to appear. The clerk of the court |
shall notify the Secretary of State, on a report prescribed by |
the Secretary, of the court's order. The Secretary, when |
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notified by the clerk of the court that an order of failure to |
appear has been entered, shall immediately suspend the person's |
driver's license, which shall be designated by the Secretary as |
a Failure to Appear suspension. The Secretary shall not remove |
the suspension, nor issue any permit or privileges to the |
person whose license has been suspended, until notified by the |
ordering court that the person has appeared and resolved the |
violation. Upon compliance, the clerk of the court shall |
present the person with a notice of compliance containing the |
seal of the court, and shall notify the Secretary that the |
person has appeared and resolved the violation. |
(c) Illinois Supreme Court Rules shall govern bail and |
appearance procedures when a person who is a resident of |
another state that is not a member of the Nonresident Violator |
Compact of 1977 is cited for violating this Code or a similar |
provision of a local ordinance.
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(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)
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(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
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Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When |
issuing a citation
for a traffic violation, a police officer |
shall issue the citation
to a motorist who possesses a valid |
driver's license issued by a party
jurisdiction
and shall not, |
subject to the exceptions noted in Section 6-306.4 of this
Code |
and paragraph (b) of this
Section, require the motorist to post |
collateral to secure appearance, if
the officer receives the |
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motorist's personal recognizance to comply with
the terms of |
the citation.
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(b) Personal recognizance is acceptable only if not |
prohibited by law.
If mandatory appearance is required, it must |
take place according to law,
following issuance of the |
citation.
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(c) Upon failure of a motorist to comply with the terms of |
a traffic citation,
the appropriate official shall report the |
failure to comply, in a manner
prescribed by the Secretary, to |
the licensing authority of the jurisdiction
in which the |
traffic citation was issued. The report shall be made in |
accordance
with procedures specified by the Secretary and shall |
contain information
as specified by the Secretary as minimum |
requirements for effective processing
by the home |
jurisdiction.
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(d) Upon receipt of the report, the Secretary shall |
transmit to the licensing
authority in the home jurisdiction of |
the motorist the information in a
form and content as contained |
in the Compact Manual.
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(e) The Secretary may not, except as provided under Section |
6-306.4 of
this Code, suspend the privileges of a motorist for |
whom
a report has been transmitted, under the terms of this |
Compact, to another
member jurisdiction.
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(f) The Secretary shall not transmit a report on any |
violation if the
date of transmission is more than 6 months |
after the date on which the traffic
citation was issued.
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