|
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 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. |
(Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
|
|
(Text of Section after amendment by P.A. 103-789) |
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: (1) for those offenses |
under this Code that are punishable by fine only, enter an ex |
parte judgment of conviction imposing a single assessment, |
specified in the applicable assessment Schedule 10 or , 10.5, |
or 11 for the charged offense, as provided in the Criminal and |
Traffic Assessment Act, plus a fine allowed by statute and the |
clerk of the court shall notify the Secretary of State, in a |
manner and form prescribed by the Secretary, of the court's |
order, or (2) for those offenses under this Code that are |
punishable by a sentence of imprisonment, 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 the Secretary |
is notified by the ordering court that the person has appeared |
and resolved the violation or failure to appear order. 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 or failure to appear order. 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. |
(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. The |
changes made to this Section by Public Act 103-0789 do not |
apply to suspensions entered pursuant to the Nonresident |
Violator Compact of 1977. |
(d) The changes made to this Section by Public Act 103-789 |
apply to each individual whose license was suspended pursuant |
to this Section from January 1, 2020 through June 30, 2025 for |
an offense under this Code that is punishable only by fine and |
did not involve the death of another person. No later than |
October 1, 2025, the clerk of the court shall notify the |
Secretary of State in a manner and form prescribed by the |
|
Secretary, of each failure to appear notification previously |
sent to the Secretary by the clerk of the court resulting from |
an offense that is punishable only by fine and did not involve |
the death of another person for which a notice of compliance |
had not been sent to the Secretary. No later than January 1, |
2026, the Secretary shall rescind the suspension of each |
driver identified by the clerk of the court under this |
subsection (d) without further action by the person whose |
driver's license is suspended pursuant to this Section , and |
the suspension shall be lifted by the Secretary of State |
without further action by any court. |
(Source: P.A. 103-789, eff. 7-1-25 (see Section 55 of P.A. |
103-1059 for the effective date of P.A. 103-789); 103-1059, |
eff. 12-20-24.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect July 1, |
2025. |