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| Public Act 100-0674 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 3-711, 6-308, and 6-803 as follows:
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(625 ILCS 5/3-711) (from Ch. 95 1/2, par. 3-711)
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Sec. 3-711.
Whenever a court convicts a person of a | ||||
violation of
Section 3-707, 3-708 or 3-710 of this Code, or | ||||
enters an order placing on
supervision the person charged with | ||||
the violation, the clerk of the court
within 5 days shall | ||||
forward a report of the conviction or order of
supervision to | ||||
the Secretary of State in a form prescribed by the
Secretary. | ||||
In any case where the person charged with the violation fails | ||||
to
appear in court, the procedures provided in Section 6-306.4 | ||||
or 6-308 of
this Code, whichever is applicable shall apply.
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The Secretary shall keep records of such reports. However, | ||||
reports of
orders of supervision shall not be released to any | ||||
outside source, except
the affected driver and law enforcement | ||||
agencies, and shall be used only to
inform the Secretary and | ||||
the
courts that such driver previously has been assigned court | ||||
supervision.
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(Source: P.A. 98-870, eff. 1-1-15.)
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(625 ILCS 5/6-308) | ||
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 sign the citation or 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. | ||
(c) Illinois Supreme Court Rules shall govern bail and | ||
appearance procedures when a person who is a resident of | ||
another state that is not a member of the Nonresident Violator | ||
Compact of 1977 is cited for violating this Code or a similar | ||
provision of a local ordinance.
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(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15.)
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(625 ILCS 5/6-803) (from Ch. 95 1/2, par. 6-803)
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Sec. 6-803. Procedure for Issuing Jurisdiction. (a) When | ||
issuing a citation
for a traffic violation, a police officer | ||
shall issue the citation
to a motorist who possesses a valid | ||
driver's license issued by a party
jurisdiction
and shall not, | ||
subject to the exceptions noted in Section 6-306.4 of this
Code | ||
and paragraph (b) of this
Section, require the motorist to post | ||
collateral to secure appearance, if
the officer receives the | ||
motorist's personal recognizance to comply with
the terms of | ||
the citation.
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(b) Personal recognizance is acceptable only if not | ||
prohibited by law.
If mandatory appearance is required, it must | ||
take place according to law,
following issuance of the | ||
citation.
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(c) Upon failure of a motorist to comply with the terms of | ||
a traffic citation,
the appropriate official shall report the | ||
failure to comply, in a manner
prescribed by the Secretary, to | ||
the licensing authority of the jurisdiction
in which the | ||
traffic citation was issued. The report shall be made in | ||
accordance
with procedures specified by the Secretary and shall | ||
contain information
as specified by the Secretary as minimum | ||
requirements for effective processing
by the home | ||
jurisdiction.
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(d) Upon receipt of the report, the Secretary shall | ||
transmit to the licensing
authority in the home jurisdiction of | ||
the motorist the information in a
form and content as contained | ||
in the Compact Manual.
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(e) The Secretary may not, except as provided under Section | ||
6-306.4 of
this Code, suspend the privileges of a motorist for | ||
whom
a report has been transmitted, under the terms of this | ||
Compact, to another
member jurisdiction.
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(f) The Secretary shall not transmit a report on any | ||
violation if the
date of transmission is more than 6 months | ||
after the date on which the traffic
citation was issued.
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(g) The Secretary shall not transmit a report on any | ||
violation where the
date of issuance of the citation predates | ||
the most recent of the effective
dates of entry for the two | ||
jurisdictions affected.
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(Source: P.A. 84-1231.)
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(625 ILCS 5/6-306.4 rep.) | ||
Section 10. The Illinois Vehicle Code is amended by | ||
repealing Section 6-306.4.
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