Sen. Celina Villanueva

Filed: 5/17/2024





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2    AMENDMENT NO. ______. Amend House Bill 277, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 6-308 as follows:
7    (625 ILCS 5/6-308)
8    Sec. 6-308. Procedures for traffic violations.
9    (a) Any person cited for violating this Code or a similar
10provision of a local ordinance for which a violation is a petty
11offense as defined by Section 5-1-17 of the Unified Code of
12Corrections, excluding business offenses as defined by Section
135-1-2 of the Unified Code of Corrections or a violation of
14Section 15-111 or subsection (d) of Section 3-401 of this
15Code, shall not be required to sign the citation for his or her
16release. All other provisions of this Code or similar



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1provisions of local ordinances shall be governed by the
2pretrial release provisions of the Illinois Supreme Court
3Rules when it is not practical or feasible to take the person
4before a judge to have conditions of pretrial release set or to
5avoid undue delay because of the hour or circumstances.
6    (b) Whenever a person fails to appear in court, the court
7may continue the case for a minimum of 30 days and the clerk of
8the court shall send notice of the continued court date to the
9person's last known address and, if the clerk of the court
10elects to establish a system to send text, email, and
11telephone notifications, may also send notifications to an
12email address and may send a text message to the person's last
13known cellular telephone number. If the person does not have a
14cellular telephone number, the clerk of the court may reach
15the person by calling the person's last known landline
16telephone number regarding continued court dates. The notice
17shall include a statement that a subsequent failure to appear
18in court could result in a warrant for the defendant's arrest
19and other significant consequences affecting their driving
20privileges. If the person does not (i) appear in court on or
21before the continued court date, (ii) satisfy the charge
22without a court appearance if allowed by Illinois Supreme
23Court Rule, or (iii) satisfy the court that the person's
24appearance in and surrender to the court is impossible for no
25fault of the person, the court shall enter an ex parte judgment
26of conviction imposing a single assessment, specified in the



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1applicable assessment Schedule 10, 10.5, or 11 for the charged
2offense, as provided in the Criminal and Traffic Assessment
3Act, plus a fine allowed by statute. The clerk of the court
4shall notify the Secretary of State, in a form and manner
5prescribed by the Secretary, of the court's order. If the
6person does not appear in court on or before the continued
7court date or satisfy the court that the person's appearance
8in and surrender to the court is impossible for no fault of the
9person, the court shall enter an order of failure to appear.
10The clerk of the court shall notify the Secretary of State, on
11a report prescribed by the Secretary, of the court's order.
12The Secretary, when notified by the clerk of the court that an
13order of failure to appear has been entered, shall immediately
14suspend the person's driver's license, which shall be
15designated by the Secretary as a Failure to Appear suspension.
16The Secretary shall not remove the suspension, nor issue any
17permit or privileges to the person whose license has been
18suspended, until notified by the ordering court that the
19person has appeared and resolved the violation. Upon
20compliance, the clerk of the court shall present the person
21with a notice of compliance containing the seal of the court,
22and shall notify the Secretary that the person has appeared
23and resolved the violation.
24    (c) Illinois Supreme Court Rules shall govern pretrial
25release and appearance procedures when a person who is a
26resident of another state that is not a member of the



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1Nonresident Violator Compact of 1977 is cited for violating
2this Code or a similar provision of a local ordinance.
3    (d) The changes made to this Section by this amendatory
4Act of the 103rd General Assembly apply to each individual
5whose license was suspended pursuant to this Section between
6January 1, 2020 and the effective date of this amendatory Act
7of the 103rd General Assembly, and the suspension shall be
8lifted by the Secretary of State without further action by any
10(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)".