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| Public Act 103-0789 | ||||
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AN ACT concerning courts. | ||||
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 Section 6-308 as follows: | ||||
(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 for his or her | ||||
release. All other provisions of this Code or similar | ||||
provisions of local ordinances shall be governed by the | ||||
pretrial release provisions of the Illinois Supreme Court | ||||
Rules when it is not practical or feasible to take the person | ||||
before a judge to have conditions of pretrial release 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 and, if the clerk of the court | ||
elects to establish a system to send text, email, and | ||
telephone notifications, may also send notifications to an | ||
email address and may send a text message to the person's last | ||
known cellular telephone number. If the person does not have a | ||
cellular telephone number, the clerk of the court may reach | ||
the person by calling the person's last known landline | ||
telephone number regarding continued court dates. The notice | ||
shall include a statement that a subsequent failure to appear | ||
in court could result in a warrant for the defendant's arrest | ||
and other significant consequences affecting their driving | ||
privileges. If the person does not (i) appear in court on or | ||
before the continued court date, (ii) satisfy the charge | ||
without a court appearance if allowed by Illinois Supreme | ||
Court Rule, or (iii) 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 ex parte judgment | ||
of conviction imposing a single assessment, specified in the | ||
applicable assessment Schedule 10, 10.5, or 11 for the charged | ||
offense, as provided in the Criminal and Traffic Assessment | ||
Act, plus a fine allowed by statute. The clerk of the court | ||
shall notify the Secretary of State, in a form and manner | ||
prescribed by the Secretary, of the court's order. 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 pretrial | ||
release 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. | ||
(d) The changes made to this Section by this amendatory | ||
Act of the 103rd General Assembly apply to each individual | ||
whose license was suspended pursuant to this Section between | ||
January 1, 2020 and the effective date of this amendatory Act | ||
of the 103rd General Assembly, and the suspension shall be | ||
lifted by the Secretary of State without further action by any | ||
court. | ||
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.) | ||