Bill Text: IL HB5660 | 2023-2024 | 103rd General Assembly | Introduced

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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 that allowed the court use mitigating factors when deciding on contempt or imprisonment for nonpayment of a fine.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-20 - Referred to Rules Committee [HB5660 Detail]

Download: Illinois-2023-HB5660-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5660 Introduced , by Rep. Nicholas K. Smith SYNOPSIS AS INTRODUCED:
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.
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A BILL FOR
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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 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

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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 prior to
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.)
Section 10. The Unified Code of Corrections is amended by
changing Section 5-9-3 as follows:
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) 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. The court may issue a summons for
his appearance or a warrant of arrest.
(b) (Blank). Unless the offender shows that his default

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was not due to his intentional refusal to pay, or not due to a
failure on his part to make a good faith effort to pay, the
court may order the offender imprisoned for a term not to
exceed 6 months if the fine was for a felony, or 30 days if the
fine was for a misdemeanor, a petty offense or a business
offense. Payment of the fine at any time will entitle the
offender to be released, but imprisonment under this Section
shall not satisfy the payment of the fine.
(c) (Blank). If it appears that the default in the payment
of a fine is not intentional under paragraph (b) of this
Section, the court may enter an order allowing the offender
additional time for payment, reducing the amount of the fine
or of each installment, or revoking the fine or the unpaid
portion.
(d) (Blank). When a fine is imposed on a corporation or
unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of
assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof may be collected by any
and all means authorized for the collection of money
judgments. The State's Attorney of the county in which the

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fine, fee, cost, order of restitution, judgment of bond
forfeiture, or judgment order of forfeiture was imposed may
retain attorneys and private collection agents for the purpose
of collecting any default in payment of any fine, fee, cost,
order of restitution, judgment of bond forfeiture, judgment
order of forfeiture, or installment thereof. An additional fee
of 30% of the delinquent amount and each taxable court cost
including, without limitation, costs of service of process,
shall be charged to the offender for any amount of the fine,
fee, cost, restitution, or judgment of bond forfeiture or
installment of the fine, fee, cost, restitution, or judgment
of bond forfeiture that remains unpaid after the time fixed
for payment of the fine, fee, cost, restitution, or judgment
of bond forfeiture by the court. The additional fee shall be
payable to the State's Attorney in order to compensate the
State's Attorney for costs incurred in collecting the
delinquent amount. The State's Attorney may enter into
agreements assigning any portion of the fee to the retained
attorneys or the private collection agent retained by the
State's Attorney. Any agreement between the State's Attorney
and the retained attorneys or collection agents shall require
the approval of the Circuit Clerk of that county. A default in
payment of a fine, fee, cost, restitution, or judgment of bond
forfeiture shall draw interest at the rate of 9% per annum.
(f) This Section does not apply against a minor or the
minor's parent, guardian, or legal custodian in cases subject

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