Illinois General Assembly - Full Text of HB0277
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Full Text of HB0277  103rd General Assembly



HB0277 EngrossedLRB103 03803 LNS 48809 b

1    AN ACT concerning courts.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 for his or her
15release. All other provisions of this Code or similar
16provisions of local ordinances shall be governed by the
17pretrial release provisions of the Illinois Supreme Court
18Rules when it is not practical or feasible to take the person
19before a judge to have conditions of pretrial release set or to
20avoid undue delay because of 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 and, if the clerk of the court
2elects to establish a system to send text, email, and
3telephone notifications, may also send notifications to an
4email address and may send a text message to the person's last
5known cellular telephone number. If the person does not have a
6cellular telephone number, the clerk of the court may reach
7the person by calling the person's last known landline
8telephone number regarding continued court dates. The notice
9shall include a statement that a subsequent failure to appear
10in court could result in a warrant for the defendant's arrest
11and other significant consequences affecting their driving
12privileges. If the person does not appear in court on or before
13the continued court date or satisfy the court that the
14person's appearance in and surrender to the court is
15impossible for no fault of the person, the court shall enter an
16order of failure to appear. The clerk of the court shall notify
17the Secretary of State, on a report prescribed by the
18Secretary, of the court's order. The Secretary, when notified
19by the clerk of the court that an order of failure to appear
20has been entered, shall immediately suspend the person's
21driver's license, which shall be designated by the Secretary
22as a Failure to Appear suspension. The Secretary shall not
23remove the suspension, nor issue any permit or privileges to
24the person whose license has been suspended, until notified by
25the ordering court that the person has appeared and resolved
26the violation. Upon compliance, the clerk of the court shall



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1present the person with a notice of compliance containing the
2seal of the court, and shall notify the Secretary that the
3person has appeared and resolved the violation.
4    (c) Illinois Supreme Court Rules shall govern pretrial
5release and appearance procedures when a person who is a
6resident of another state that is not a member of the
7Nonresident Violator Compact of 1977 is cited for violating
8this Code or a similar provision of a local ordinance.
9    (d) The changes made to this Section by this amendatory
10Act of the 103rd General Assembly apply to each individual
11whose license was suspended pursuant to this Section prior to
12the effective date of this amendatory Act of the 103rd General
13Assembly, and the suspension shall be lifted by the Secretary
14of State without further action by any court.
15(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
16    Section 10. The Unified Code of Corrections is amended by
17changing Section 5-9-3 as follows:
18    (730 ILCS 5/5-9-3)  (from Ch. 38, par. 1005-9-3)
19    Sec. 5-9-3. Default.
20    (a) An offender who defaults in the payment of a fine or
21any installment of that fine may be held in contempt and
22imprisoned for nonpayment. The court may issue a summons for
23his appearance or a warrant of arrest.
24    (b)(Blank). Unless the offender shows that his default was



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1not due to his intentional refusal to pay, or not due to a
2failure on his part to make a good faith effort to pay, the
3court may order the offender imprisoned for a term not to
4exceed 6 months if the fine was for a felony, or 30 days if the
5fine was for a misdemeanor, a petty offense or a business
6offense. Payment of the fine at any time will entitle the
7offender to be released, but imprisonment under this Section
8shall not satisfy the payment of the fine.
9    (c) (Blank). If it appears that the default in the payment
10of a fine is not intentional under paragraph (b) of this
11Section, the court may enter an order allowing the offender
12additional time for payment, reducing the amount of the fine
13or of each installment, or revoking the fine or the unpaid
15    (d) (Blank). When a fine is imposed on a corporation or
16unincorporated organization or association, it is the duty of
17the person or persons authorized to make disbursement of
18assets, and their superiors, to pay the fine from assets of the
19corporation or unincorporated organization or association. The
20failure of such persons to do so shall render them subject to
21proceedings under paragraphs (a) and (b) of this Section.
22    (e) A default in the payment of a fine, fee, cost, order of
23restitution, judgment of bond forfeiture, judgment order of
24forfeiture, or any installment thereof may be collected by any
25and all means authorized for the collection of money
26judgments. The State's Attorney of the county in which the



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1fine, fee, cost, order of restitution, judgment of bond
2forfeiture, or judgment order of forfeiture was imposed may
3retain attorneys and private collection agents for the purpose
4of collecting any default in payment of any fine, fee, cost,
5order of restitution, judgment of bond forfeiture, judgment
6order of forfeiture, or installment thereof. An additional fee
7of 30% of the delinquent amount and each taxable court cost
8including, without limitation, costs of service of process,
9shall be charged to the offender for any amount of the fine,
10fee, cost, restitution, or judgment of bond forfeiture or
11installment of the fine, fee, cost, restitution, or judgment
12of bond forfeiture that remains unpaid after the time fixed
13for payment of the fine, fee, cost, restitution, or judgment
14of bond forfeiture by the court. The additional fee shall be
15payable to the State's Attorney in order to compensate the
16State's Attorney for costs incurred in collecting the
17delinquent amount. The State's Attorney may enter into
18agreements assigning any portion of the fee to the retained
19attorneys or the private collection agent retained by the
20State's Attorney. Any agreement between the State's Attorney
21and the retained attorneys or collection agents shall require
22the approval of the Circuit Clerk of that county. A default in
23payment of a fine, fee, cost, restitution, or judgment of bond
24forfeiture shall draw interest at the rate of 9% per annum.
25(Source: P.A. 98-373, eff. 1-1-14.)