Bill Text: IL HB0277 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that, whenever a person fails to appear in court and the court continues the case, if the clerk of the court elects to establish a system to send text, email, and telephone notifications, the clerk of the court may send notifications to an email address, may send a text message to the person's last known cellular telephone number, and if the person does not have a cellular telephone number, may reach the person at the person's last known landline telephone number regarding the continued court date. Deletes a provision that requires a court to enter an order of failure to appear if a 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. Amends the Unified Code of Corrections. Deletes language providing that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons for his or her appearance or a warrant of arrest.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0789 [HB0277 Detail]

Download: Illinois-2023-HB0277-Enrolled.html

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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

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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

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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

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