IL
Illinois House Bill HB5660

Illinois 2023-2024 Regular Session

Illinois House Bill HB5660 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5660 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-308730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 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 that allowed the court use mitigating factors when deciding on contempt or imprisonment for nonpayment of a fine. LRB103 36410 MXP 66512 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5660 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED: 625 ILCS 5/6-308730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 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 that allowed the court use mitigating factors when deciding on contempt or imprisonment for nonpayment of a fine. LRB103 36410 MXP 66512 b LRB103 36410 MXP 66512 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5660 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
33 625 ILCS 5/6-308730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
44 625 ILCS 5/6-308
55 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
66 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 that allowed the court use mitigating factors when deciding on contempt or imprisonment for nonpayment of a fine.
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1212 1 AN ACT concerning courts.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Vehicle Code is amended by
1616 5 changing Section 6-308 as follows:
1717 6 (625 ILCS 5/6-308)
1818 7 Sec. 6-308. Procedures for traffic violations.
1919 8 (a) Any person cited for violating this Code or a similar
2020 9 provision of a local ordinance for which a violation is a petty
2121 10 offense as defined by Section 5-1-17 of the Unified Code of
2222 11 Corrections, excluding business offenses as defined by Section
2323 12 5-1-2 of the Unified Code of Corrections or a violation of
2424 13 Section 15-111 or subsection (d) of Section 3-401 of this
2525 14 Code, shall not be required to sign the citation for his or her
2626 15 release. All other provisions of this Code or similar
2727 16 provisions of local ordinances shall be governed by the
2828 17 pretrial release provisions of the Illinois Supreme Court
2929 18 Rules when it is not practical or feasible to take the person
3030 19 before a judge to have conditions of pretrial release set or to
3131 20 avoid undue delay because of the hour or circumstances.
3232 21 (b) Whenever a person fails to appear in court, the court
3333 22 may continue the case for a minimum of 30 days and the clerk of
3434 23 the court shall send notice of the continued court date to the
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5660 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
3939 625 ILCS 5/6-308730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 625 ILCS 5/6-308 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
4040 625 ILCS 5/6-308
4141 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3
4242 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 that allowed the court use mitigating factors when deciding on contempt or imprisonment for nonpayment of a fine.
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7171 1 person's last known address and, if the clerk of the court
7272 2 elects to establish a system to send text, email, and
7373 3 telephone notifications, may also send notifications to an
7474 4 email address and may send a text message to the person's last
7575 5 known cellular telephone number. If the person does not have a
7676 6 cellular telephone number, the clerk of the court may reach
7777 7 the person by calling the person's last known landline
7878 8 telephone number regarding continued court dates. The notice
7979 9 shall include a statement that a subsequent failure to appear
8080 10 in court could result in a warrant for the defendant's arrest
8181 11 and other significant consequences affecting their driving
8282 12 privileges. If the person does not appear in court on or before
8383 13 the continued court date or satisfy the court that the
8484 14 person's appearance in and surrender to the court is
8585 15 impossible for no fault of the person, the court shall enter an
8686 16 order of failure to appear. The clerk of the court shall notify
8787 17 the Secretary of State, on a report prescribed by the
8888 18 Secretary, of the court's order. The Secretary, when notified
8989 19 by the clerk of the court that an order of failure to appear
9090 20 has been entered, shall immediately suspend the person's
9191 21 driver's license, which shall be designated by the Secretary
9292 22 as a Failure to Appear suspension. The Secretary shall not
9393 23 remove the suspension, nor issue any permit or privileges to
9494 24 the person whose license has been suspended, until notified by
9595 25 the ordering court that the person has appeared and resolved
9696 26 the violation. Upon compliance, the clerk of the court shall
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107107 1 present the person with a notice of compliance containing the
108108 2 seal of the court, and shall notify the Secretary that the
109109 3 person has appeared and resolved the violation.
110110 4 (c) Illinois Supreme Court Rules shall govern pretrial
111111 5 release and appearance procedures when a person who is a
112112 6 resident of another state that is not a member of the
113113 7 Nonresident Violator Compact of 1977 is cited for violating
114114 8 this Code or a similar provision of a local ordinance.
115115 9 (d) The changes made to this Section by this amendatory
116116 10 Act of the 103rd General Assembly apply to each individual
117117 11 whose license was suspended pursuant to this Section prior to
118118 12 the effective date of this amendatory Act of the 103rd General
119119 13 Assembly, and the suspension shall be lifted by the Secretary
120120 14 of State without further action by any court.
121121 15 (Source: P.A. 100-674, eff. 1-1-19; 101-652, eff. 1-1-23.)
122122 16 Section 10. The Unified Code of Corrections is amended by
123123 17 changing Section 5-9-3 as follows:
124124 18 (730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
125125 19 Sec. 5-9-3. Default.
126126 20 (a) An offender who defaults in the payment of a fine or
127127 21 any installment of that fine may be held in contempt and
128128 22 imprisoned for nonpayment. The court may issue a summons for
129129 23 his appearance or a warrant of arrest.
130130 24 (b) (Blank). Unless the offender shows that his default
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141141 1 was not due to his intentional refusal to pay, or not due to a
142142 2 failure on his part to make a good faith effort to pay, the
143143 3 court may order the offender imprisoned for a term not to
144144 4 exceed 6 months if the fine was for a felony, or 30 days if the
145145 5 fine was for a misdemeanor, a petty offense or a business
146146 6 offense. Payment of the fine at any time will entitle the
147147 7 offender to be released, but imprisonment under this Section
148148 8 shall not satisfy the payment of the fine.
149149 9 (c) (Blank). If it appears that the default in the payment
150150 10 of a fine is not intentional under paragraph (b) of this
151151 11 Section, the court may enter an order allowing the offender
152152 12 additional time for payment, reducing the amount of the fine
153153 13 or of each installment, or revoking the fine or the unpaid
154154 14 portion.
155155 15 (d) (Blank). When a fine is imposed on a corporation or
156156 16 unincorporated organization or association, it is the duty of
157157 17 the person or persons authorized to make disbursement of
158158 18 assets, and their superiors, to pay the fine from assets of the
159159 19 corporation or unincorporated organization or association. The
160160 20 failure of such persons to do so shall render them subject to
161161 21 proceedings under paragraphs (a) and (b) of this Section.
162162 22 (e) A default in the payment of a fine, fee, cost, order of
163163 23 restitution, judgment of bond forfeiture, judgment order of
164164 24 forfeiture, or any installment thereof may be collected by any
165165 25 and all means authorized for the collection of money
166166 26 judgments. The State's Attorney of the county in which the
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177177 1 fine, fee, cost, order of restitution, judgment of bond
178178 2 forfeiture, or judgment order of forfeiture was imposed may
179179 3 retain attorneys and private collection agents for the purpose
180180 4 of collecting any default in payment of any fine, fee, cost,
181181 5 order of restitution, judgment of bond forfeiture, judgment
182182 6 order of forfeiture, or installment thereof. An additional fee
183183 7 of 30% of the delinquent amount and each taxable court cost
184184 8 including, without limitation, costs of service of process,
185185 9 shall be charged to the offender for any amount of the fine,
186186 10 fee, cost, restitution, or judgment of bond forfeiture or
187187 11 installment of the fine, fee, cost, restitution, or judgment
188188 12 of bond forfeiture that remains unpaid after the time fixed
189189 13 for payment of the fine, fee, cost, restitution, or judgment
190190 14 of bond forfeiture by the court. The additional fee shall be
191191 15 payable to the State's Attorney in order to compensate the
192192 16 State's Attorney for costs incurred in collecting the
193193 17 delinquent amount. The State's Attorney may enter into
194194 18 agreements assigning any portion of the fee to the retained
195195 19 attorneys or the private collection agent retained by the
196196 20 State's Attorney. Any agreement between the State's Attorney
197197 21 and the retained attorneys or collection agents shall require
198198 22 the approval of the Circuit Clerk of that county. A default in
199199 23 payment of a fine, fee, cost, restitution, or judgment of bond
200200 24 forfeiture shall draw interest at the rate of 9% per annum.
201201 25 (f) This Section does not apply against a minor or the
202202 26 minor's parent, guardian, or legal custodian in cases subject
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