Full Text of HB0182 102nd General Assembly
HB0182eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 3. 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 or post bond | 15 | | to secure bail for his or her release. All other provisions of | 16 | | this Code or similar provisions of local ordinances shall be | 17 | | governed by the bail 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 bail set or to avoid undue delay because | 20 | | 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. If the person does not appear in | 2 | | court on or before the continued court date or satisfy the | 3 | | court that the person's appearance in and surrender to the | 4 | | court is impossible for no fault of the person, the court shall | 5 | | enter an order of failure to appear. The clerk of the court | 6 | | shall notify the Secretary of State, on a report prescribed by | 7 | | the Secretary, of the court's order. The Secretary, when | 8 | | notified by the clerk of the court that an order of failure to | 9 | | appear has been entered, shall immediately suspend the | 10 | | person's driver's license, which shall be designated by the | 11 | | Secretary as a Failure to Appear suspension. The Secretary | 12 | | shall not remove the suspension, nor issue any permit or | 13 | | privileges to the person whose license has been suspended, | 14 | | until notified by the ordering court that the person has | 15 | | appeared and resolved the violation. Upon compliance, the | 16 | | clerk of the court shall present the person with a notice of | 17 | | compliance containing the seal of the court, and shall notify | 18 | | the Secretary that the person has appeared and resolved the | 19 | | violation. For purposes of this Section, a violation shall be | 20 | | deemed resolved if the person has appeared in court and the | 21 | | court entered any final disposition, including: (i) a final | 22 | | order regarding the person's guilt or innocence; or (ii) an | 23 | | order granting a request by the State or local governmental | 24 | | body that initiated the charges for permission not to | 25 | | prosecute the charges. | 26 | | (c) Illinois Supreme Court Rules shall govern bail and |
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| 1 | | appearance procedures when a person who is a resident of | 2 | | another state that is not a member of the Nonresident Violator | 3 | | Compact of 1977 is cited for violating this Code or a similar | 4 | | provision 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 | 7 | | changing 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
| 11 | | any
installment of that fine may be held in contempt and | 12 | | imprisoned for nonpayment. The
court may issue a summons for | 13 | | his or her appearance or a warrant of arrest. No less than 30
| 14 | | days before the issuance of a warrant under this subsection, a
| 15 | | notice shall be mailed to the offender by first class mail to
| 16 | | the most recent address which the offender has provided to the
| 17 | | court. 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 | 8 | | default was not due to the offender's his
intentional refusal | 9 | | to pay, and or not due to a failure on the offender's his part | 10 | | to make a
good faith effort to pay, the court may order the | 11 | | offender imprisoned for a
term not to exceed 6 months if the | 12 | | fine was for a felony, or 30 days if the
fine was for a | 13 | | misdemeanor, a petty offense or a business offense. Payment
of | 14 | | the fine at any time will entitle the offender to be released, | 15 | | but
imprisonment under this Section shall not satisfy the | 16 | | payment of the fine.
| 17 | | (c) If it appears that the default in the payment of a fine | 18 | | is not
intentional under paragraph (b) of this Section, the | 19 | | court may enter an
order allowing the offender additional time | 20 | | for payment, reducing the
amount of the fine or of each | 21 | | installment, or revoking the fine or the
unpaid portion.
| 22 | | (d) When a fine is imposed on a corporation or | 23 | | unincorporated
organization or association, it is the duty of | 24 | | the person or persons
authorized to make disbursement of | 25 | | assets, and their superiors, to pay the
fine from assets of the | 26 | | corporation or unincorporated organization or
association. The |
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| 1 | | failure of such persons to do so shall render them subject
to | 2 | | proceedings under paragraphs (a) and (b) of this Section.
| 3 | | (e) A default in the payment of a fine, fee, cost, order of | 4 | | restitution, judgment of bond forfeiture, judgment order of | 5 | | forfeiture, or any installment thereof
may be
collected by any | 6 | | and all means authorized for the collection of money | 7 | | judgments. The State's Attorney of the county in which the | 8 | | fine, fee, cost, order of restitution, judgment of bond | 9 | | forfeiture, or judgment order of forfeiture was imposed may | 10 | | retain
attorneys and private collection agents for the purpose | 11 | | of collecting any
default in payment of any fine, fee, cost, | 12 | | order of restitution, judgment of bond forfeiture, judgment | 13 | | order of forfeiture, or installment thereof. An additional fee | 14 | | of 30% of the delinquent amount and each taxable court cost | 15 | | including, without limitation, costs of service of process, | 16 | | shall be charged to the offender for any amount of the fine, | 17 | | fee, cost, restitution, or judgment of bond forfeiture or | 18 | | installment of the fine, fee, cost, restitution, or judgment | 19 | | of bond forfeiture that remains unpaid after the time fixed | 20 | | for payment of the fine, fee, cost, restitution, or judgment | 21 | | of bond forfeiture by the court. The additional fee shall be | 22 | | payable to the State's Attorney in order to compensate the | 23 | | State's Attorney for costs incurred in collecting the | 24 | | delinquent amount. The State's Attorney may enter into | 25 | | agreements assigning any portion of the fee to the retained | 26 | | attorneys or the private collection agent retained by the |
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| 1 | | State's Attorney. Any agreement between the State's Attorney | 2 | | and the retained attorneys or collection agents shall require | 3 | | the approval of the Circuit Clerk of that county. A default in | 4 | | payment of a fine, fee, cost, restitution, or judgment of bond | 5 | | forfeiture 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 | 8 | | becoming law.
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