[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_SB1446
625 ILCS 5/6-306.3 from Ch. 95 1/2, par. 6-306.3
Amends the Illinois Vehicle Code. Makes a stylistic
change in provisions concerning the depositing of a driver's
license in lieu of bail.
LRB9011520WHsb
LRB9011520WHsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 6-306.3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 6-306.3 as follows:
7 (625 ILCS 5/6-306.3) (from Ch. 95 1/2, par. 6-306.3)
8 Sec. 6-306.3. License as bail.
9 (a) Except as provided in Section 6-306.4 of this Code,
10 any person arrested and charged with a violation of Section
11 3-701, 3-707, or 3-710, or of any violation of Chapters 11 or
12 12 of this Code, except the provisions of Sections 3-708,
13 11-401, 11-501, 11-503 or 11-504 of this Code shall have the
14 option of depositing his valid driver's license issued under
15 this Code with the officer demanding bail in lieu of any
16 other security for his appearance in court in answer to any
17 such charge.
18 (b) However, a uniform bail schedule and regulations
19 adopted pursuant to Supreme Court Rule or Order may require
20 that a driver's license issued under this Code must be
21 deposited, in addition to appropriate cash deposit, where
22 persons arrested and charged with violating Sections 3-708,
23 11-401, 11-501, 11-503 or 11-504 of this Code elect to take
24 advantage of the uniform schedule establishing the amount of
25 bail in such cases.
26 (c) When a license is deposited as security in lieu of
27 or in addition to bail, the judge, court clerk, or other
28 official accepting such deposit shall issue to the licensee a
29 receipt for such license upon a form approved or provided by
30 the Secretary of State.
31 (d) If the licensee whose license has been deposited as
-2- LRB9011520WHsb
1 security for bail does not appear in court in compliance with
2 the time and place for hearing as notified in such receipt,
3 or the continued date thereof, if any has been ordered by the
4 court, the court shall continue the case for a minimum of 30
5 days and require a notice of the continued court date be sent
6 to the licensee at his last known address. The clerk of such
7 court shall notify the licensee of the court's order. If the
8 licensee does not appear in and surrender on the continued
9 court date, or within such period, satisfy the court that his
10 appearance in and surrender to the court is impossible and
11 without any fault on his part, the court shall enter an order
12 of failure to appear to answer such charge after depositing
13 license in lieu of bail. The clerk of such court shall
14 notify the Secretary of State of the court's order.
15 The Secretary of State, when notified by the clerk of
16 such court that an order of failure to appear to answer such
17 charge after depositing license in lieu of bail has been
18 entered, shall immediately suspend the driver's license of
19 such licensee without a hearing and shall not remove such
20 suspension, nor issue any hardship license or privilege to
21 such licensee thereafter until notified by such court that
22 the licensee has appeared and answered the charges placed
23 against him.
24 (e) 1. Any Illinois resident who has executed a written
25 promise to comply with Section 6-306.2 of this Code, in
26 effect until July 28, 1986, shall continue to be suspended
27 until he or she complies with the terms and conditions of the
28 written promise.
29 2. The Secretary of State, when notified by the clerk of
30 such court that an order of failure to appear to answer a
31 charge after promising to appear has been entered, shall
32 immediately suspend the driver's license of such licensee
33 without a hearing and shall not remove such suspension, nor
34 issue a hardship license or privilege to such licensee
-3- LRB9011520WHsb
1 thereafter until notified by such court that the licensee has
2 appeared and answered the charges placed against him.
3 (Source: P.A. 88-315; 88-415; 88-670, eff. 12-2-94.)