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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3923 Introduced 2/22/2021, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
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Amends the Illinois Vehicle Code. Provides that the Secretary of State shall not restore the driving privileges of a person who has failed to appear until notified by the ordering court that the person has appeared and the court has entered a final order regarding the person's guilt or innocence (instead of "until notified by the ordering court that the person has appeared and resolved the violation").
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| | A BILL FOR |
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| | HB3923 | | LRB102 15181 RAM 20536 b |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 6-308 as follows:
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| 6 | | (625 ILCS 5/6-308) |
| 7 | | Sec. 6-308. Procedures for traffic violations. |
| 8 | | (a) Any person cited for violating this Code or a similar |
| 9 | | provision of a local ordinance for which a violation is a petty |
| 10 | | offense as defined by Section 5-1-17 of the Unified Code of |
| 11 | | Corrections, excluding business offenses as defined by Section |
| 12 | | 5-1-2 of the Unified Code of Corrections or a violation of |
| 13 | | Section 15-111 or subsection (d) of Section 3-401 of this |
| 14 | | Code, shall not be required to sign the citation or post bond |
| 15 | | to secure bail for his or her release. All other provisions of |
| 16 | | this Code or similar provisions of local ordinances shall be |
| 17 | | governed by the bail provisions of the Illinois Supreme Court |
| 18 | | Rules when it is not practical or feasible to take the person |
| 19 | | before a judge to have bail set or to avoid undue delay because |
| 20 | | of the hour or circumstances. |
| 21 | | (b) Whenever a person fails to appear in court, the court |
| 22 | | may continue the case for a minimum of 30 days and the clerk of |
| 23 | | the court shall send notice of the continued court date to the |
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| | HB3923 | - 2 - | LRB102 15181 RAM 20536 b |
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| 1 | | person's last known address. If the person does not appear in |
| 2 | | court on or before the continued court date or satisfy the |
| 3 | | court that the person's appearance in and surrender to the |
| 4 | | court is impossible for no fault of the person, the court shall |
| 5 | | enter an order of failure to appear. The clerk of the court |
| 6 | | shall notify the Secretary of State, on a report prescribed by |
| 7 | | the Secretary, of the court's order. The Secretary, when |
| 8 | | notified by the clerk of the court that an order of failure to |
| 9 | | appear has been entered, shall immediately suspend the |
| 10 | | person's driver's license, which shall be designated by the |
| 11 | | Secretary as a Failure to Appear suspension. The Secretary |
| 12 | | shall not remove the suspension, nor issue any permit or |
| 13 | | privileges to the person whose license has been suspended, |
| 14 | | until notified by the ordering court that the person has |
| 15 | | appeared and the court has entered a final order regarding the |
| 16 | | person's guilt or innocence resolved the violation. Upon |
| 17 | | compliance, the clerk of the court shall present the person |
| 18 | | with a notice of compliance containing the seal of the court, |
| 19 | | and shall notify the Secretary that the person has appeared |
| 20 | | and resolved the violation. |
| 21 | | (c) Illinois Supreme Court Rules shall govern bail and |
| 22 | | appearance procedures when a person who is a resident of |
| 23 | | another state that is not a member of the Nonresident Violator |
| 24 | | Compact of 1977 is cited for violating this Code or a similar |
| 25 | | provision of a local ordinance.
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| 26 | | (Source: P.A. 100-674, eff. 1-1-19.)
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