HB0182ham001 102ND GENERAL ASSEMBLY

Rep. Mary E. Flowers

Filed: 4/9/2021

10200HB0182ham001 LRB102 03782 KMF 25009 a

AMENDMENT TO HOUSE BILL 182

AMENDMENT NO. ______. Amend House Bill 182 on page 1, immediately below line 3, by inserting:

"Section 5. The Illinois Vehicle Code is amended by changing Section 6-308 as follows:

(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. 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 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. For purposes of this Section, a violation shall be deemed resolved if the person has appeared in court and the court entered any final disposition, including: (i) a final order regarding the person's guilt or innocence; or (ii) an order granting a request by the State or local governmental body that initiated the charges for permission not to prosecute the charges.

(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.

(Source: P.A. 100-674, eff. 1-1-19.)"; and

on page 1, line 4, by replacing "5" with "10"; and

on page 2 by replacing line 6 through line 8 with the following:

"(b) If Unless the prosecutor offender shows that the default was not due to the offender's his intentional refusal to pay, and or not due to a failure on the offender's his part to make a good faith effort to pay, the court may"; and

on page 4, immediately below line 4, by inserting the following:

"Section 99. Effective date. This Act takes effect upon becoming law.".