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| Public Act 098-1134 | ||||
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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 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.
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(Source: P.A. 98-870, eff. 1-1-15.)
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(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
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(Text of Section after amendment by P.A. 98-870)
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Sec. 6-601. Penalties.
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(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.
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(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.
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(c) Unlicensed driving. Except as hereinafter provided a | ||
violation
of Section 6-101 shall be:
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1. A Class A misdemeanor if the person failed to obtain | ||
a driver's
license or permit after expiration of a period | ||
of revocation.
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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,
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or is not qualified to obtain a driver's license or permit | ||
because of his age.
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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
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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.
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(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.)
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Section 10. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 110-15 as follows:
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(725 ILCS 5/110-15) (from Ch. 38, par. 110-15)
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(Text of Section after amendment by P.A. 98-870)
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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.
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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
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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.
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(Source: P.A. 98-870, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2015.
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