HB0182 EngrossedLRB102 03782 RLC 13795 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. 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
17governed by the bail provisions of the Illinois Supreme Court
18Rules when it is not practical or feasible to take the person
19before a judge to have bail set or to avoid undue delay because
20of the hour or circumstances.
21    (b) Whenever a person fails to appear in court, the court
22may continue the case for a minimum of 30 days and the clerk of
23the court shall send notice of the continued court date to the

 

 

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1person's last known address. If the person does not appear in
2court on or before the continued court date or satisfy the
3court that the person's appearance in and surrender to the
4court is impossible for no fault of the person, the court shall
5enter an order of failure to appear. The clerk of the court
6shall notify the Secretary of State, on a report prescribed by
7the Secretary, of the court's order. The Secretary, when
8notified by the clerk of the court that an order of failure to
9appear has been entered, shall immediately suspend the
10person's driver's license, which shall be designated by the
11Secretary as a Failure to Appear suspension. The Secretary
12shall not remove the suspension, nor issue any permit or
13privileges to the person whose license has been suspended,
14until notified by the ordering court that the person has
15appeared and resolved the violation. Upon compliance, the
16clerk of the court shall present the person with a notice of
17compliance containing the seal of the court, and shall notify
18the Secretary that the person has appeared and resolved the
19violation. For purposes of this Section, a violation shall be
20deemed resolved if the person has appeared in court and the
21court entered any final disposition, including: (i) a final
22order regarding the person's guilt or innocence; or (ii) an
23order granting a request by the State or local governmental
24body that initiated the charges for permission not to
25prosecute the charges.
26    (c) Illinois Supreme Court Rules shall govern bail and

 

 

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1appearance procedures when a person who is a resident of
2another state that is not a member of the Nonresident Violator
3Compact of 1977 is cited for violating this Code or a similar
4provision of a local ordinance.
5(Source: P.A. 100-674, eff. 1-1-19.)
 
6    Section 5. The Unified Code of Corrections is amended by
7changing Section 5-9-3 as follows:
 
8    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
9    Sec. 5-9-3. Default.
10    (a) An offender who defaults in the payment of a fine or
11any installment of that fine may be held in contempt and
12imprisoned for nonpayment. The court may issue a summons for
13his or her appearance or a warrant of arrest. No less than 30
14days before the issuance of a warrant under this subsection, a
15notice shall be mailed to the offender by first class mail to
16the most recent address which the offender has provided to the
17court. The notice shall contain the following information:
18        (1) the amount of the fine which is due and owing;
19        (2) the docket number of the case in which the fine was
20    assessed;
21        (3) the due date for payment of the fine;
22        (4) instructions as to how payment of the fine may be
23    made;
24        (5) an explanation that willful refusal to pay the

 

 

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1    fine may result in imprisonment; and
2        (6) instructions as to how the offender may request a
3    hearing to present evidence that the offender did not
4    willfully refuse to pay the fine, and that failure to pay
5    was the result of the offender's inability to pay the
6    fine.
7    (b) If Unless the prosecutor offender shows that the his
8default was not due to the offender's his intentional refusal
9to pay, and or not due to a failure on the offender's his part
10to make a good faith effort to pay, the court may order the
11offender imprisoned for a term not to exceed 6 months if the
12fine was for a felony, or 30 days if the fine was for a
13misdemeanor, a petty offense or a business offense. Payment of
14the fine at any time will entitle the offender to be released,
15but imprisonment under this Section shall not satisfy the
16payment of the fine.
17    (c) If it appears that the default in the payment of a fine
18is not intentional under paragraph (b) of this Section, the
19court may enter an order allowing the offender additional time
20for payment, reducing the amount of the fine or of each
21installment, or revoking the fine or the unpaid portion.
22    (d) When a fine is imposed on a corporation or
23unincorporated organization or association, it is the duty of
24the person or persons authorized to make disbursement of
25assets, and their superiors, to pay the fine from assets of the
26corporation or unincorporated organization or association. The

 

 

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1failure of such persons to do so shall render them subject to
2proceedings under paragraphs (a) and (b) of this Section.
3    (e) A default in the payment of a fine, fee, cost, order of
4restitution, judgment of bond forfeiture, judgment order of
5forfeiture, or any installment thereof may be collected by any
6and all means authorized for the collection of money
7judgments. The State's Attorney of the county in which the
8fine, fee, cost, order of restitution, judgment of bond
9forfeiture, or judgment order of forfeiture was imposed may
10retain attorneys and private collection agents for the purpose
11of collecting any default in payment of any fine, fee, cost,
12order of restitution, judgment of bond forfeiture, judgment
13order of forfeiture, or installment thereof. An additional fee
14of 30% of the delinquent amount and each taxable court cost
15including, without limitation, costs of service of process,
16shall be charged to the offender for any amount of the fine,
17fee, cost, restitution, or judgment of bond forfeiture or
18installment of the fine, fee, cost, restitution, or judgment
19of bond forfeiture that remains unpaid after the time fixed
20for payment of the fine, fee, cost, restitution, or judgment
21of bond forfeiture by the court. The additional fee shall be
22payable to the State's Attorney in order to compensate the
23State's Attorney for costs incurred in collecting the
24delinquent amount. The State's Attorney may enter into
25agreements assigning any portion of the fee to the retained
26attorneys or the private collection agent retained by the

 

 

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1State's Attorney. Any agreement between the State's Attorney
2and the retained attorneys or collection agents shall require
3the approval of the Circuit Clerk of that county. A default in
4payment of a fine, fee, cost, restitution, or judgment of bond
5forfeiture shall draw interest at the rate of 9% per annum.
6(Source: P.A. 98-373, eff. 1-1-14.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.