SB2583sam002 98TH GENERAL ASSEMBLY

Sen. Michael Noland

Filed: 3/4/2014

09800SB2583sam002 LRB098 12120 MLW 55989 a

AMENDMENT TO SENATE BILL 2583

AMENDMENT NO. ______. Amend Senate Bill 2583 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 3-711, 6-601, and 6-803 and adding Section 6-308 as follows:

(625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)

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 10 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 6-308 6-306.3 or 6-306.4 of this Code, whichever is applicable shall apply.

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.

(Source: P.A. 86-149.)

(625 ILCS 5/6-308 new)

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 shall not be required to post bond. 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 or pay any traffic fine, penalty, or cost imposed for a violation of this Code or a similar provision of a local ordinance the court shall 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 address of record with the Secretary of State. If the person does not appear in court on the continued court date, pay in full the amount necessary to satisfy the citation on or before the continued court date, or satisfy the court that the person's appearance in and surrender to the court is impossible with no fault on the person's part, the court shall enter an order of failure to appear or pay. The clerk of the court shall notify the Secretary of State of the court's order. The Secretary of State, when notified by the clerk of the court that an order of failure to appear or pay has been entered, shall immediately suspend the driver's license. The suspension of the person's driving privileges resulting from a failure to appear or pay shall be designated by the Secretary as a Failure to Appear suspension. The Secretary shall not remove the suspension, nor issue any hardship permit or privilege to the person whose license has been suspended, until notified by the ordering court that the person has complied or paid in full the amount required to satisfy the judgment and paid any suspension reinstatement fee required by the Secretary. Upon payment in full of a fine, penalty, or court cost which has previously been reported under this Section as unpaid, or in which an order of failure to appear has been entered and reported, the clerk of the court shall present the person with a signed receipt containing the seal of the court indicating the fine, penalty, or cost has been paid in full, and shall notify the Secretary of State that the person has complied or that the fine, penalty, or cost has been paid in full.

(c) This Section does not apply to fines, penalties, or costs to be collected subsequent to orders of court supervision or other available court diversions.

(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)

Sec. 6-601. Penalties.

(a) It is a petty offense for any person to violate any of the provisions of this Chapter unless such violation is by this Code or other law of this State declared to be a misdemeanor or a felony.

(b) General penalties. Unless another penalty is in this Code or other laws of this State, every person convicted of a petty offense for the violation of any provision of this Chapter shall be punished by a fine of at least $50 but not more than $500.

(c) Unlicensed driving. Except as hereinafter provided a violation of Section 6-101 shall be:

1. A Class A misdemeanor if the person failed to obtain a driver's license or permit after expiration of a period of revocation.

2. A Class B misdemeanor if the person has been issued a driver's license or permit, which has expired, and if the period of expiration is greater than one year; or if the person has never been issued a driver's license or permit, or is not qualified to obtain a driver's license or permit because of his age.

3. A petty offense if the person has been issued a temporary visitor's driver's license or permit and is unable to provide proof of liability insurance as provided in subsection (d-5) of Section 6-105.1.

If a licensee under this Code is convicted of violating Section 6-308 6-303 for operating a motor vehicle during a time when such licensee's driver's license was suspended under the provisions of Section 6-308 6-306.3, then such act shall be a petty offense (provided the licensee has answered the charge which was the basis of the suspension under Section 6-306.3), and there shall be imposed no additional like period of suspension as provided in paragraph (b) of Section 6-308 6-303.

(Source: P.A. 96-607, eff. 8-24-09; 97-1157, eff. 11-28-13.)

(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)

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 6-308 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 motorist's personal recognizance to comply with the terms of the citation.

(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.

(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.

(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.

(e) The Secretary may not, except as provided under Section 6-308 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.

(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.

(g) The Secretary shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.

(Source: P.A. 84-1231.)

(625 ILCS 5/6-306.3 rep.)

Section 10. The Illinois Vehicle Code is amended by repealing Section 6-306.3.

(625 ILCS 5/6-306.4 rep.)

Section 15. The Illinois Vehicle Code is amended by repealing Section 6-306.4.

Section 20. The Code of Criminal Procedure of 1963 is amended by changing Section 110-15 as follows:

(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)

Sec. 110-15. Applicability of provisions for giving and taking bail. The provisions of Sections 110-7 and 110-8 of this Code are exclusive of other provisions of law for the giving, taking, or enforcement of bail. In all cases where a person is admitted to bail the provisions of Sections 110-7 and 110-8 of this Code shall be applicable.

However, the Supreme Court may, by rule or order, prescribe a uniform schedule of amounts of bail in all but felony offenses. No bail amounts shall be required for petty offenses. specified traffic and conservation cases, quasi-criminal offenses, and misdemeanors. Such uniform schedule may provide that the cash deposit provisions of Section 110-7 shall not apply to bail amounts established for alleged violations punishable by fine alone, and the schedule may further provide that in specified traffic cases a valid Illinois chauffeur's or operator's license must be deposited, in addition to 10% of the amount of the bail specified in the schedule.

(Source: Laws 1967, p. 2969.)".