Public Act 098-1134
 
SB3509 EnrolledLRB098 16345 MLW 51406 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-308 and 6-601 as follows:
 
    (625 ILCS 5/6-308)
    (This Section may contain text from a Public Act with a
delayed effective date)
    Sec. 6-308. Procedures for traffic violations.
    (a) Any person cited for violating this Code or a similar
provision of a local ordinance for which a violation is a petty
offense as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of this Code,
shall not be required to post bond to secure bail for his or
her release. When required by Illinois Supreme Court Rule, the
person shall sign the citation. All other provisions of this
Code or similar provisions of local ordinances shall be
governed by the bail provisions of the Illinois Supreme Court
Rules when it is not practical or feasible to take the person
before a judge to have bail set or to avoid undue delay because
of the hour or circumstances.
    (b) Whenever a person fails to appear in court, the court
may continue the case for a minimum of 30 days and the clerk of
the court shall send notice of the continued court date to the
person's last known address. If the person does not appear in
court on or before the continued court date or satisfy the
court that the person's appearance in and surrender to the
court is impossible for no fault of the person, the court shall
enter an order of failure to appear. The clerk of the court
shall notify the Secretary of State, on a report prescribed by
the Secretary, of the court's order. The Secretary, when
notified by the clerk of the court that an order of failure to
appear has been entered, shall immediately suspend the person's
driver's license, which shall be designated by the Secretary as
a Failure to Appear suspension. The Secretary shall not remove
the suspension, nor issue any permit or privileges to the
person whose license has been suspended, until notified by the
ordering court that the person has appeared and resolved the
violation. Upon compliance, the clerk of the court shall
present the person with a notice of compliance containing the
seal of the court, and shall notify the Secretary that the
person has appeared and resolved the violation.
(Source: P.A. 98-870, eff. 1-1-15.)
 
    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
    (Text of Section after amendment by P.A. 98-870)
    Sec. 6-601. Penalties.
    (a) It is a petty offense for any person to violate any of
the provisions of this Chapter unless such violation is by this
Code or other law of this State declared to be a misdemeanor or
a felony.
    (b) General penalties. Unless another penalty is in this
Code or other laws of this State, every person convicted of a
petty offense for the violation of any provision of this
Chapter shall be punished by a fine of not more than $500.
    (c) Unlicensed driving. Except as hereinafter provided a
violation of Section 6-101 shall be:
        1. A Class A misdemeanor if the person failed to obtain
    a driver's license or permit after expiration of a period
    of revocation.
        2. A Class B misdemeanor if the person has been issued
    a driver's license or permit, which has expired, and if the
    period of expiration is greater than one year; or if the
    person has never been issued a driver's license or permit,
    or is not qualified to obtain a driver's license or permit
    because of his age.
        3. A petty offense if the person has been issued a
    temporary visitor's driver's license or permit and is
    unable to provide proof of liability insurance as provided
    in subsection (d-5) of Section 6-105.1.
    If a licensee under this Code is convicted of violating
Section 6-303 for operating a motor vehicle during a time when
such licensee's driver's license was suspended under the
provisions of Section 6-306.3 or 6-308, then such act shall be
a petty offense (provided the licensee has answered the charge
which was the basis of the suspension under Section 6-306.3 or
6-308), and there shall be imposed no additional like period of
suspension as provided in paragraph (b) of Section 6-303.
    (d) For violations of this Code or a similar provision of a
local ordinance for which a violation is a petty offense as
defined by Section 5-1-17 of the Unified Code of Corrections,
excluding business offenses as defined by Section 5-1-2 of the
Unified Code of Corrections or a violation of Section 15-111 or
subsection (d) of Section 3-401 of this Code, if the violation
may be satisfied without a court appearance, the violator may,
pursuant to Supreme Court Rule, satisfy the case with a written
plea of guilty and payment of fines, penalties, and costs equal
to the bail amount established by the Supreme Court for the
offense.
(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15.)
 
    Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-15 as follows:
 
    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
    (Text of Section after amendment by P.A. 98-870)
    Sec. 110-15. Applicability of provisions for giving and
taking bail. The provisions of Sections 110-7 and 110-8 of this
Code are exclusive of other provisions of law for the giving,
taking, or enforcement of bail. In all cases where a person is
admitted to bail the provisions of Sections 110-7 and 110-8 of
this Code shall be applicable.
    However, the Supreme Court may, by rule or order, prescribe
a uniform schedule of amounts of bail in all but felony
offenses. The uniform schedule shall not require a person cited
for violating the Illinois Vehicle Code or a similar provision
of a local ordinance for which a violation is a petty offense
as defined by Section 5-1-17 of the Unified Code of
Corrections, excluding business offenses as defined by Section
5-1-2 of the Unified Code of Corrections or a violation of
Section 15-111 or subsection (d) of Section 3-401 of the
Illinois Vehicle Code, to post bond to secure bail for his or
her release. No bail amounts shall be required for petty
offenses. Such uniform schedule may provide that the cash
deposit provisions of Section 110-7 shall not apply to bail
amounts established for alleged violations punishable by fine
alone, and the schedule may further provide that in specified
traffic cases a valid Illinois chauffeur's or operator's
license must be deposited, in addition to 10% of the amount of
the bail specified in the schedule.
(Source: P.A. 98-870, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect January
1, 2015.

Effective Date: 1/1/2015