Rep. Mary E. Flowers
Filed: 3/21/2021
 
 

 

 

 
10200HB3923ham001LRB102 15181 RAM 24070 a



1
AMENDMENT TO HOUSE BILL 3923




2    AMENDMENT NO. ______. Amend House Bill 3923 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Illinois Vehicle Code is amended  by 
5changing Section 6-308 as follows:
 
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 
9provision of a local ordinance for which a violation is a petty 
10offense as defined by Section 5-1-17 of the Unified Code of 
11Corrections, excluding business offenses as defined by Section 
125-1-2 of the Unified Code of Corrections or a violation of 
13Section 15-111 or subsection (d) of Section 3-401 of this 
14Code, shall not be required to sign the citation or post bond 
15to secure bail for his or her release.  All other provisions of 
16this Code or similar provisions of local ordinances shall be 
 
 
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1governed by the bail provisions of the Illinois Supreme Court 
2Rules when it is not practical or feasible to take the person 
3before a judge to have bail set or to avoid undue delay because 
4of the hour or circumstances. 
5    (b)  Whenever a person fails to appear in court, the court 
6may continue the case for a minimum of 30 days and the clerk of 
7the court shall send notice of the continued court date to the 
8person's last known address.  If the person does not appear in 
9court on or before the continued court date or satisfy the 
10court that the person's appearance in and surrender to the 
11court is impossible for no fault of the person, the court shall 
12enter an order of failure to appear.  The clerk of the court 
13shall notify the Secretary of State, on a report prescribed by 
14the Secretary, of the court's order.  The Secretary, when 
15notified by the clerk of the court that an order of failure to 
16appear has been entered, shall immediately suspend the 
17person's driver's license, which shall be designated by the 
18Secretary as a Failure to Appear suspension.  The Secretary 
19shall not remove the suspension, nor issue any permit or 
20privileges to the person whose license has been suspended, 
21until notified by the ordering court that the person has 
22appeared and resolved the violation.  Upon compliance, the 
23clerk of the court shall present the person with a notice of 
24compliance containing the seal of the court, and shall notify 
25the Secretary that the person has appeared and resolved the 
26violation. For purposes of this Section, a violation shall be 
 
 
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1deemed resolved if the person has appeared in court and the 
2court entered any final disposition, including: (i) a final 
3order regarding the person's guilt or innocence; or (ii) an 
4order granting a request by the State or local governmental 
5body that initiated the charges for permission not to 
6prosecute the charges. 
7    (c) Illinois Supreme Court Rules shall govern bail and 
8appearance procedures when a person who is a resident of 
9another state that is not a member of the Nonresident Violator 
10Compact of 1977 is cited for violating this Code or a similar 
11provision of a local ordinance. 

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