Full Text of HB0277 103rd General Assembly
HB0277sam003 103RD GENERAL ASSEMBLY | Sen. Celina Villanueva Filed: 5/17/2024 | | 10300HB0277sam003 | | LRB103 03803 LNS 73642 a |
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| 1 | | AMENDMENT TO HOUSE BILL 277
| 2 | | AMENDMENT NO. ______. Amend House Bill 277, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following: | 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing 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 | 10 | | provision of a local ordinance for which a violation is a petty | 11 | | offense as defined by Section 5-1-17 of the Unified Code of | 12 | | Corrections, excluding business offenses as defined by Section | 13 | | 5-1-2 of the Unified Code of Corrections or a violation of | 14 | | Section 15-111 or subsection (d) of Section 3-401 of this | 15 | | Code, shall not be required to sign the citation for his or her | 16 | | release. All other provisions of this Code or similar |
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| 1 | | provisions of local ordinances shall be governed by the | 2 | | pretrial release provisions of the Illinois Supreme Court | 3 | | Rules when it is not practical or feasible to take the person | 4 | | before a judge to have conditions of pretrial release set or to | 5 | | avoid undue delay because of the hour or circumstances. | 6 | | (b) Whenever a person fails to appear in court, the court | 7 | | may continue the case for a minimum of 30 days and the clerk of | 8 | | the court shall send notice of the continued court date to the | 9 | | person's last known address and, if the clerk of the court | 10 | | elects to establish a system to send text, email, and | 11 | | telephone notifications, may also send notifications to an | 12 | | email address and may send a text message to the person's last | 13 | | known cellular telephone number. If the person does not have a | 14 | | cellular telephone number, the clerk of the court may reach | 15 | | the person by calling the person's last known landline | 16 | | telephone number regarding continued court dates. The notice | 17 | | shall include a statement that a subsequent failure to appear | 18 | | in court could result in a warrant for the defendant's arrest | 19 | | and other significant consequences affecting their driving | 20 | | privileges. If the person does not (i) appear in court on or | 21 | | before the continued court date, (ii) satisfy the charge | 22 | | without a court appearance if allowed by Illinois Supreme | 23 | | Court Rule, or (iii) satisfy the court that the person's | 24 | | appearance in and surrender to the court is impossible for no | 25 | | fault of the person, the court shall enter an ex parte judgment | 26 | | of conviction imposing a single assessment, specified in the |
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| 1 | | applicable assessment Schedule 10, 10.5, or 11 for the charged | 2 | | offense, as provided in the Criminal and Traffic Assessment | 3 | | Act, plus a fine allowed by statute. The clerk of the court | 4 | | shall notify the Secretary of State, in a form and manner | 5 | | prescribed by the Secretary, of the court's order . If the | 6 | | person does not appear in court on or before the continued | 7 | | court date or satisfy the court that the person's appearance | 8 | | in and surrender to the court is impossible for no fault of the | 9 | | person, the court shall enter an order of failure to appear. | 10 | | The clerk of the court shall notify the Secretary of State, on | 11 | | a report prescribed by the Secretary, of the court's order. | 12 | | The Secretary, when notified by the clerk of the court that an | 13 | | order of failure to appear has been entered, shall immediately | 14 | | suspend the person's driver's license, which shall be | 15 | | designated by the Secretary as a Failure to Appear suspension. | 16 | | The Secretary shall not remove the suspension, nor issue any | 17 | | permit or privileges to the person whose license has been | 18 | | suspended, until notified by the ordering court that the | 19 | | person has appeared and resolved the violation. Upon | 20 | | compliance, the clerk of the court shall present the person | 21 | | with a notice of compliance containing the seal of the court, | 22 | | and shall notify the Secretary that the person has appeared | 23 | | and resolved the violation. | 24 | | (c) Illinois Supreme Court Rules shall govern pretrial | 25 | | release and appearance procedures when a person who is a | 26 | | resident of another state that is not a member of the |
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| 1 | | Nonresident Violator Compact of 1977 is cited for violating | 2 | | this Code or a similar provision of a local ordinance. | 3 | | (d) The changes made to this Section by this amendatory | 4 | | Act of the 103rd General Assembly apply to each individual | 5 | | whose license was suspended pursuant to this Section between | 6 | | January 1, 2020 and the effective date of this amendatory Act | 7 | | of the 103rd General Assembly, and the suspension shall be | 8 | | lifted by the Secretary of State without further action by any | 9 | | court. | 10 | | (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23 .)". |
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