Full Text of HB0277 103rd General Assembly
HB0277enr 103RD GENERAL ASSEMBLY | | | HB0277 Enrolled | | LRB103 03803 LNS 48809 b |
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| 1 | | AN ACT concerning courts. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 9 | | provision of a local ordinance for which a violation is a petty | 10 | | offense as defined by Section 5-1-17 of the Unified Code of | 11 | | Corrections, excluding business offenses as defined by Section | 12 | | 5-1-2 of the Unified Code of Corrections or a violation of | 13 | | Section 15-111 or subsection (d) of Section 3-401 of this | 14 | | Code, shall not be required to sign the citation for his or her | 15 | | release. All other provisions of this Code or similar | 16 | | provisions of local ordinances shall be governed by the | 17 | | pretrial release provisions of the Illinois Supreme Court | 18 | | Rules when it is not practical or feasible to take the person | 19 | | before a judge to have conditions of pretrial release set or to | 20 | | avoid undue delay because of the hour or circumstances. | 21 | | (b) Whenever a person fails to appear in court, the court | 22 | | may continue the case for a minimum of 30 days and the clerk of | 23 | | the court shall send notice of the continued court date to the |
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| 1 | | person's last known address and, if the clerk of the court | 2 | | elects to establish a system to send text, email, and | 3 | | telephone notifications, may also send notifications to an | 4 | | email address and may send a text message to the person's last | 5 | | known cellular telephone number. If the person does not have a | 6 | | cellular telephone number, the clerk of the court may reach | 7 | | the person by calling the person's last known landline | 8 | | telephone number regarding continued court dates. The notice | 9 | | shall include a statement that a subsequent failure to appear | 10 | | in court could result in a warrant for the defendant's arrest | 11 | | and other significant consequences affecting their driving | 12 | | privileges. If the person does not (i) appear in court on or | 13 | | before the continued court date, (ii) satisfy the charge | 14 | | without a court appearance if allowed by Illinois Supreme | 15 | | Court Rule, or (iii) satisfy the court that the person's | 16 | | appearance in and surrender to the court is impossible for no | 17 | | fault of the person, the court shall enter an ex parte judgment | 18 | | of conviction imposing a single assessment, specified in the | 19 | | applicable assessment Schedule 10, 10.5, or 11 for the charged | 20 | | offense, as provided in the Criminal and Traffic Assessment | 21 | | Act, plus a fine allowed by statute. The clerk of the court | 22 | | shall notify the Secretary of State, in a form and manner | 23 | | prescribed by the Secretary, of the court's order . If the | 24 | | person does not appear in court on or before the continued | 25 | | court date or satisfy the court that the person's appearance | 26 | | in and surrender to the court is impossible for no fault of the |
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| 1 | | person, the court shall enter an order of failure to appear. | 2 | | The clerk of the court shall notify the Secretary of State, on | 3 | | a report prescribed by the Secretary, of the court's order. | 4 | | The Secretary, when notified by the clerk of the court that an | 5 | | order of failure to appear has been entered, shall immediately | 6 | | suspend the person's driver's license, which shall be | 7 | | designated by the Secretary as a Failure to Appear suspension. | 8 | | The Secretary shall not remove the suspension, nor issue any | 9 | | permit or privileges to the person whose license has been | 10 | | suspended, until notified by the ordering court that the | 11 | | person has appeared and resolved the violation. Upon | 12 | | compliance, the clerk of the court shall present the person | 13 | | with a notice of compliance containing the seal of the court, | 14 | | and shall notify the Secretary that the person has appeared | 15 | | and resolved the violation. | 16 | | (c) Illinois Supreme Court Rules shall govern pretrial | 17 | | release and appearance procedures when a person who is a | 18 | | resident of another state that is not a member of the | 19 | | Nonresident Violator Compact of 1977 is cited for violating | 20 | | this Code or a similar provision of a local ordinance. | 21 | | (d) The changes made to this Section by this amendatory | 22 | | Act of the 103rd General Assembly apply to each individual | 23 | | whose license was suspended pursuant to this Section between | 24 | | January 1, 2020 and the effective date of this amendatory Act | 25 | | of the 103rd General Assembly, and the suspension shall be | 26 | | lifted by the Secretary of State without further action by any |
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| 1 | | court. | 2 | | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .) |
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