ARTICLE V. RULES ON TRIAL COURT
PROCEEDINGS IN TRAFFIC AND CONSERVATION
OFFENSES, ORDINANCE OFFENSES, PETTY
OFFENSES, AND CERTAIN
MISDEMEANORS--BAIL SCHEDULES
(1)

PART A. GENERAL


Rule 501. Definitions   
     

(a) Bond Certificates. Bail security documents which also guarantee payment of judgments for fines, penalties and costs, not to exceed $140 for any single offense or $500 for multiple offenses arising out of the same occurrence (auto bond certificates), or not to exceed  $500 for any single offense covered by Rule 526(b)(1) (truck bond certificates), which are issued or guaranteed, in counties other than Cook, by companies or membership associations authorized to do so by the Director of Insurance, State of Illinois, under regulations issued by this court. (Note: Copies of these regulations may be obtained by writing to: Director, Administrative Office of the Illinois Courts, 3101 Old Jacksonville Road, Springfield, IL 62704-6488.) The privilege of issuing bond certificates for use in Cook County shall be governed by rule of the Circuit Court of Cook County. (Note: Copies of the Cook County rule may be obtained by writing to: Office of the Chief Judge, Richard J. Daley Center, Chicago IL 60602.)

      (b) Cash or Cash Bail. United States currency; transfer of United States currency by means of credit cards, debit cards, or electronic fund transfer; traveler’s checks issued by major banks or express companies which, alone or in combination with currency, total the exact amount required to be deposited as bail; and negotiable drafts on major credit card companies, under conditions approved by the Administrative Director.

      (c) Conservation Offense. Any case charging a violation listed below, except any charge punishable upon conviction by imprisonment in the penitentiary:

      (1) The Fish and Aquatic Life Code, as amended (515 ILCS 5/1-1 et seq.);

      (2) The Wildlife Code, as amended (520 ILCS 5/1.1 et seq.);

      (3) The Boat Registration and Safety Act, as amended (625 ILCS 45/1-1 et seq.);

      (4) The Park District Code, as amended (70 ILCS 1205/1-1 et seq.);

      (5) The Chicago Park District Act, as amended (70 ILCS 1505/ 0.01 et seq.);

      (6) The State Parks Act, as amended (20 ILCS 835/ 0.01 et seq.);

      (7) The State Forest Act, as amended (525 ILCS 40/ 0.01 et seq.);

      (8) The Forest Fire Protection District Act, as amended (425 ILCS 40/ 0.01 et seq.);

      (9) The Snowmobile Registration and Safety Act, as amended (625 ILCS 40/1-1 et seq.);

      (10) The Endangered Species Protection Act, as amended (520 ILCS 10/1 et seq.);

      (11) The Forest Products Transportation Act, as amended (225 ILCS 740/1 et seq.);

      (12) The Timber Buyers Licensing Act, as amended (225 ILCS 735/1 et seq.);

      (13) The Downstate Forest Preserve District Act, as amended (70 ILCS 805/ 0.001 et seq.);

      (14) The Exotic Weed Act, as amended (525 ILCS 10/1 et seq.);

      (15) The Hunter Interference Prohibition Act, as amended (720 ILCS 125/ 0.01 et seq.);

      (16) (15) The Ginseng Harvesting Act, as amended (525 ILCS 20/ 0.01 et seq.);

      (17) (16) The Cave Protection Act, as amended (525 ILCS 5/1 et seq.);

      (18) (17) Any regulations, proclamations or ordinances adopted pursuant to any code or act named in this Rule 501(c);

      (19) (18) Ordinances adopted pursuant to the Counties Code for the acquisition of property for parks or recreational areas (55 ILCS 5/5-1005(18)).

      (19) The Recreational Trails of Illinois Act, as amended (20 ILCS 862/1 et seq.).

      (d) Driver’s License. A current driver’s license certificate or temporary visitor's driver's license issued by the Secretary of State of Illinois. However, restricted driving permits, judicial driving permits monitoring device driving permits, instruction permits, probationary licenses or temporary licenses issued under chapter 6 of the Illinois Vehicle Code, as amended (625 ILCS 5/6-100 et seq.) shall not be accepted in lieu of or in addition to bail amounts established in Rule 526.

      (e) Unit of Local Government. Any county, municipality, township, special district, or unit designated as a unit of local government by law.

      (f) Traffic Offense. Any case which charges a violation of any statute, ordinance or regulation relating to the operation or use of motor vehicles, the use of streets and highways by pedestrians or the operation of any other wheeled or tracked vehicle, including cases charging violations under chapter 6 of the Illinois Vehicle Code, as amended (625 ILCS 5/6-100 et seq.), but excluding cases in which a ticket was served by “tie-on,” “hang-on,” or “appended” methods and cases charging violations of:

      (1) Section 9-3(b) of the Criminal Code of 1961, as amended (reckless homicide) (720 ILCS 5/9-3(b));

      (2) Section 12-5 of the Criminal Code of 1961, as amended (reckless conduct) (720 ILCS 5/12-5);

      (3) Article I of chapter 4 of the Illinois Vehicle Code, as amended (anti-theft laws) (625 ILCS 5/4-100 et seq.);

      (4) Any charge punishable upon conviction by imprisonment in the penitentiary;

      (5) “Jay walking” ordinances of any unit of local government;

      (6) Any conservation offense (see Rule 501(c)).

      (g) Promise to Comply. An option available to residents of other member jurisdictions of the Nonresident Violator Compact of 1977 (625 ILCS 5/6-800 et seq.) to obtain release from custody without bail following arrests on view for minor traffic offenses (see 625 ILCS 5/6-306.4(a)) by signing a written promise to comply with the terms of the Uniform Citation and Complaint (625 ILCS 5/6-306.4). Residents of Illinois, and nonresidents charged with traffic offenses specified in section 6-306.4(b) of the Illinois Vehicle Code, as amended (625 ILCS 6-306.4(b)), shall not be released on a promise to comply, but must post bail or secure release in accordance with these rules.

      (h) Individual Bond. Bonds authorized without security for persons arrested for or charged with offenses covered by Rules 526, 527 and 528 who are unable to secure release from custody under these rules (see Rule 553(d)).

 

Amended effective October 7, 1970; amended January 31, 1972, effective March 1, 1972; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended December 7, 1990, effective January 1, 1991; amended June 12, 1992, effective July 1, 1992; amended May 24, 1995, effective January 1, 1996; amended September 30, 2002, effective immediately; amended June 11, 2009, effective immediately; amended August 6, 2010, effective September 15, 2010; amended Dec. 12, 2013, eff. Jan. 1, 2014; amended June 11, 2014, eff. July 1, 2014.


Rule 502Statutory References Reserved

       Wherever used in this article, “Ill. Rev. Stat. 1987, ch. ___, par. ____” refers to the statutory material appearing in the specified chapter and paragraph of the Illinois Revised Statutes, 1987, State Bar Association edition, and that same material as it may have been or may hereafter be amended or renumbered.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989.

Rule 503. Multiple Charges under These Rules

       (a) Amount of Bail–Hearing Date. Police officers should refrain from issuing multiple citations for offenses arising out of the same occurrence. A person arrested and charged with more than one offense arising out of the same occurrence when the bail is established for each such offense under Rule 526, 527 or 528 shall be released from custody as follows:

(1) If bail for each such offense is established by Rule 526, and the accused is eligible for release on each charge by a promise to comply pursuant to section 6–306.4 of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.4), he or she may elect to be released by executing the written promise on the complaint copy; a court appearance shall be required on each charge.

(2) In all other cases, the accused shall be released from custody after posting bail on the charge for which the highest bail is required, and, except as provided below, a court appearance shall be required on each charge. Whether a court appearance will be required for any other offenses charged at the same time as an offense requiring bail under Rule 526(b)(1) will be determined without regard to such truck violations. A separate bail shall be required for each case involving truck violations under Rule 526(b)(1) or similar municipal ordinances, and all such charges may be satisfied without a court appearance under Rule 529.

(3) No court appearance shall be required under this rule where all charges are traffic and conservation offenses which may be satisfied without a court appearance under Rule 529 and the accused elects to post separate cash bail on each such charge.

(4) No court appearance shall be required under this rule where all charges are traffic offenses which may be satisfied without a court appearance under Rule 529, the separate bails required for all such charges do not exceed $300 $500, and the accused has deposited an approved bond certificate in lieu of bail; in such event, if the accused does not appear on the date set for appearance, or any date to which the case(s) may be continued, it shall be presumed he has elected to post separate bails and consented to the entry of ex parte judgment on each such charge (see Rule 556(b)).

All such charges, whenever practicable, should be set for hearing on the same day in the same court, to be disposed of at the same time (see Rule 501(b) for definition of “Cash Bail”).

       (b) New Bail–Application of Bail and Return of Balance. After final disposition of a charge for which bail was posted, the court shall set new bail in a single amount to cover any concurrent charges which may be continued for further hearing at a future date. The clerk may apply any cash or security originally posted as bail to payment of any fine, penalties and costs due on the charge for which bail was originally posted or any other charge disposed of at the same time, but shall return any remaining balance to the accused and shall not retain the balance to apply, in whole or in part, to any new bail set by the court, without the consent of the accused. 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended December 7, 1990, effective January 1, 1991; amended June 12, 1992, effective July 1, 1992; amended September 30, 2002, effective immediately; amended June 11, 2009, effective immediately; amended August 6, 2010, effective September 15, 2010.

Rule 504. Appearance Date


The date set by the arresting officer or the clerk of the circuit court for an accused's first appearance in court shall be not less than 14 days but within 60 days after the date of the arrest, whenever practicable. It is the policy of this court that, if the arresting agency has been exempted from the requirements of Rule 505, an accused who appears and pleads "not guilty" to an alleged traffic or conservation offense punishable by fine only should be granted a trial on the merits on the appearance date or, if the accused demands a trial by jury, within a reasonable time thereafter. A failure to appear on the first appearance date by an arresting officer from a Rule 505 exempted agency shall, in and of itself, not normally be considered good cause for a continuance.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended November 21, 1988, effective December 1, 1988; amended June 19, 1989, effective August 1, 1989; amended May 24, 1995, effective January 1, 1996.





Rule 505. Notice to Accused



When issuing a Uniform Citation and Complaint, a conservation complaint or a Notice to Appear in lieu of either, the officer shall also issue a written notice to the accused in substantially the following form:

 

AVOID MULTIPLE COURT APPEARANCES
If you intend to plead "not guilty" to this charge, or if, in addition, you intend to demand a trial by jury, so notify the clerk of the court at least 10 days (excluding Saturdays, Sundays or holidays) before the day set for your appearance. A new appearance date will be set, and arrangements will be made to have the arresting officer present on that new date. Failure to notify the clerk of either your intention to plead "not guilty" or your intention to demand a jury trial may result in your having to return to court, if you plead "not guilty" on the date originally set for your court appearance.

Upon timely receipt of notice that the accused intends to plead "not guilty," the clerk shall set a new appearance date not less than 7 days nor more than 60 days after the original appearance date set by the arresting officer or the clerk of the circuit court, and notify all parties of the new date and the time for appearance. If the accused demands a trial by jury, the trial shall be scheduled within a reasonable period. In order to invoke the right to a speedy trial, the accused if not in custody must file an appropriate, separate demand, as provided in section 103--5 of the Code of Criminal Procedure of 1963, as amended (725 ILCS 5/103--5). The proper prosecuting attorney shall be served with such separate written demand for speedy trial. If the accused fails to notify the clerk as provided above, the arresting officer's failure to appear on the date originally set for appearance may be considered good cause for a continuance. Any state agency or any unit of local government desiring to be exempt from the requirements of this Rule 505 may apply to the Conference of Chief Circuit Judges for an exemption.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended May 24, 1995, effective January 1, 1996.


Rules 506 to 525. Reserved

PART B. BAIL SCHEDULES

NOTE: The bail provisions of Rules 526, 527 and 528 do not apply to arrests on warrant. Bail is preset to avoid undue delay in freeing certain persons accused of an offense when, because of the hour or the circumstances, it is not practicable to bring the accused before a judge. When the accused is actually brought before a judge, the bail amounts specified in these rules do not control. Nothing in these rules is intended to limit a peace officer’s discretion to issue a Notice to Appear in an appropriate case (Ill. Rev. Stat. 1987, ch. 38, par. 107–12 725 ILCS 5/107–12).

 


Rule 526. Bail Schedule–Traffic Offenses

      (a) Bail in Minor Traffic Offenses. Unless released on a written promise to comply and except as provided in paragraphs (b), (c), (d) and (f) of this rule a person arrested for a traffic offense and personally served by the arresting officer with a Citation and Complaint shall post bail in the amount of $120 in one of the following ways: (1) by posting $120 cash bail (see Rule 501(b) for definition of “Cash Bail”); or (2) by depositing, in lieu of such amount, an approved bond certificate; or (3) by depositing, in lieu of such amount, a current Illinois driver’s license.

      (b) Bail in Certain Truck Offenses.

(1) Persons charged with a violation of section 3-401(d) or 15-111 of the Illinois Vehicle Code, as amended (truck overweight) (625 ILCS 5/3-401(d) or 5/15-111), charged with a violation of section 15-112(e) of the Illinois Vehicle Code, as amended (gross weight) (625 ILCS 5/15-112(e)), or charged with a violation punishable by fine pursuant to sections 15-113.1, 15-113.2 or 15-113.3 of the Illinois Vehicle Code, as amended (permit moves) (625 ILCS 5/15-113.1 et seq.), shall post cash bail in an amount equal to the amount of the minimum fine fixed by statute, plus penalties and costs (see Rule 501(b) for definition of “Cash Bail”). The accused may, in lieu of cash bail, deposit a money order issued by a money transfer service company which has been approved by the Administrative Director under regulations issued by this court. The money order shall be made payable to the clerk of the circuit court of the county in which the violation occurred. When the bail for any offense hereunder does not exceed $500, the accused may, at his option, deposit a truck bond certificate in lieu of bail.

(2) Persons charged with violating section 15-112(g) of the Illinois Vehicle Code, as amended, by refusing to stop and submit a vehicle and load to weighing after being directed to do so by an officer, or with violating section 15-112(g) by removing all or part of the load prior to weighing shall post bail in the amount of $1,200 (625 ILCS 5/15-112(g)).

      (c) Bail in Other Traffic Offenses (Rules of the Road). Except as provided in paragraph (e) of this rule, persons charged with violations of the following sections of the Illinois Vehicle Code shall post bail in the amount specified:

 

ILCS 
 Description  
Bail
(1) 625 ILCS 5/11-601
Speeding, but only when more than 20 mph over the posted limit but not more than 30 25 mph over the posted limit


 $140

Speeding, but only when more than 30 mph over the posted limit

$160
(2) 625 ILCS 5/11-601.5 

Speeding, but only when 26 mph over the posted limit but less than 35 mph over the posted limit

$1,500
Speeding, but only when
40 35 mph or more over the
posted limit
$2,000
(3) 625 ILCS 5/11-204
Fleeing or Attempting to
Elude Police Officer
$2,000 
(4)Blank
(5) 625 ILCS 5/11-501
 Misdemeanor Driving Under
Influence of Alcohol or
Drugs or with 0.08 or more
Blood- or Breath-Alcohol
Concentration        
$3,000
(6) 625 ILCS 5/11-503
Reckless Driving  
 $2,000 
(7) 625 ILCS 5/11-506 
Street Racing  
 $2,000
(8) 625 ILCS 5/12-603.1 
Use of Safety Belts,
Driver or Passenger 
 $60

 

       (d) Bail in Other Traffic Offenses (Vehicle Title & Registration Law). Except as provided in paragraph (e) of this rule, persons charged with violations of the following sections of the Illinois Vehicle Code shall post bail in the amount specified:

       

ILCS                                       Description                                                   Bail
(1) 625 ILCS 5/3-707             Operating Without Insurance                       $2,000

(2) 625 ILCS 5/3-708             Operating when Registration                        $3,000
                                               Suspended for Non-insurance                                                           

(3) 625 ILCS 5/3-710             Display of False Insurance Card                  $2,000
                                                    


      (e) Driver’s License or Bond Certificate in Lieu of or in Addition to Bail. An accused who has a valid Illinois driver’s license may deposit his driver’s license in lieu of the bail specified in subparagraphs (1), (2), (3), (6), and (8) of Rule 526(c) and subparagraphs (1) and (3) of Rule 526(d). In lieu of posting the cash amount specified in subparagraphs (5) and (7) of Rule 526(c) or subparagraph (2) of Rule 526(d), an accused must post $1,000 bail and his current Illinois driver’s license. Persons who do not possess a valid Illinois driver’s license shall post bail in the amounts specified in Rule 526(c) or 526(d), except that an accused may deposit an approved bond certificate in lieu of the bail specified in subparagraphs (1) or (8) of Rule 526(c).

      (f) Bail in Other Traffic Offenses (Driver Licensing Law). Persons charged with violations of the following sections of the Illinois Vehicle Code shall post bail in the amount specified:

 

ILCS                                 Description                                                           Bail

(1) 625 ILCS 5/6-301       Unlawful Use of License                                      $1,500

(2) 625 ILCS 5/6-303       Misdemeanor Driving With                                  $1,500
                                         Suspended or Revoked
                                          License

(3) 625 ILCS 5/6-304.1    Permitting Driving Under                                     $1,500
                                          Influence of Alcohol or Drugs

(4) 625 ILCS 5/6-101       Unlicensed Driving, under the                              $1,500                                           
                                          following circumstances:
                                          (a) All cases other than
See article VI,                      those charging license expired                                
“Penalties,”                          for less than one year
Illinois Vehicle Code             (b) License expired less than
(625 ILCS 5/6-601)              one year (see Rule 526(a))                                         

(5) 625 ILCS 5/6-507       Commercial Driver’s License                              $1,500


      (g) Bail for Traffic Offenses Defined by Ordinance. Bail for traffic offenses defined by any ordinances of any unit of local government which are similar to those described in this Rule 526 shall be the same amounts as provided for in this rule.

 

Amended effective October 7, 1970; amended January 31, 1972, effective March 1, 1972; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended September 29, 1978, effective November 1, 1978; amended September 20, 1979, effective October 15, 1979; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended January 11, 1990, effective immediately; amended December 7, 1990, effective January 1, 1991; amended June 12, 1992, effective July 1, 1992; amended September 27, 1993, effective October 1, 1993; amended April 11, 2000, effective immediately; amended September 30, 2002, effective immediately; amended December 5, 2003, effective immediately; amended May 30, 2008, effective immediately; amended June 11, 2009, effective immediately; amended June 3, 2010, effective September 15, 2010; amended December 7, 2011, effective immediately; amended Dec. 12, 2013, eff. Jan. 1, 2014.

 


Rule 527. Bail Schedule--Conservation Offenses       

      (a) General. Except as provided in paragraphs (b), (c), (d), (e), (f), and (g) of this Rule 527, a person arrested for a conservation offense and personally served by the arresting officer with a conservation complaint shall post cash bail in the amount of $ 120 (see Rule 501(b) for definition of Cash Bail).

      (b) Bail for Specified Violations of the Wildlife Code. Persons arrested for a conservation offense listed below and personally served by the arresting officer with a conservation complaint shall post bail in the amount specified:

WILDLIFE CODE

ILCS                                       Description                                                   Bail

520 ILCS 5/2.9                       Unlawful Taking or Possession                      $1,500
                                                of Wild Turkeys out of Season

 

520 ILCS 5/2.16                     Unlawful Sale or Barter of                             $1,500
                                                Game Birds

 

520 ILCS 5/2.18                     Unlawful Taking of Migratory                        $1,500
                                                Game Birds

 

520 ILCS 5/2.24                     Unlawful Taking or Possessing                       $1,500
                                                of Deer out of Season

 

520 ILCS 5/2.25                     Unlawful Taking or Possessing                       $1,500
                                               of Deer out of Season    

 

520 ILCS 5/2.29                     Unlawful Sale or Barter                                 $1,500
                                                of Game Animals                                    

 

520 ILCS 5/2.30                     Unlawful Taking of Fur-bearing                     $1,500
                                                Mammals 

 

520 ILCS 5/2.33a(k)              Possession of Green Hides                             $1,500                                               

                       

520 ILCS 5/3.34                     Exotic Game Hunting Area                            $1,500

      (c) Bail for Specified Violations of the Boat Registration and Safety Act. Persons arrested for a conservation offense listed below and personally served by the arresting officer with a conservation complaint shall post bail in the amount specified:



BOAT REGISTRATION AND SAFETY ACT

 

ILCS                                       Description                                                   Bail

625 ILCS 45/5-1                    Careless Operation of                                  $1,500
                                               Motorboat

 

625 ILCS 45/5-16(A)             Operating Motorboat                                  $2,000
                                                Under the Influence of
                                                Liquors or Drugs

 

 625 ILCS 45/5-22                  Failure to Yield to                                      $1,500
                                                Emergency Watercraft 

      (d) Bail for Specified Violations of the Snowmobile Registration and Safety Act. Persons arrested for a conservation offense listed below and personally served by the arresting officer with a conservation complaint shall post bail in the amount specified:



SNOWMOBILE REGISTRATION AND
SAFETY ACT


ILCS                                       Description                                                    Bail

625 ILCS 40/3-10                  Falsification or Alteration                               $1,500

 

625 ILCS 40/5-1(B)               Reckless, Negligent                                       $1,500
                                               or Careless Operation of
                                               Snowmobile 

 

625 ILCS 40/5-7(a)               Operating Snowmobile                                  $2,000
                                               Under the Influence of
                                               Liquor or Drugs 

 

      (e) Bail for Specified Violations of the Fish and Aquatic Life Code. Persons arrested for a conservation offense listed below and personally served by the arresting officer with a conservation complaint shall post bail in the amount specified:



 FISH AND AQUATIC LIFE CODE


ILCS                                      Description                                                    Bail

515 ILCS 5/10-140               Dip Net Without                                           $1,500
                                              Commercial License

 

515 ILCS 5/15-5                   Failure to Have Required                               $1,500
                                              Commercial Fishing License

                                                       

 515 ILCS 5/15-10                  Failure to Have Required                             $1,500
                                                Commercial Musselor License

      

515 ILCS 5/20-90                   Aquaculture Permit                                      $1,500

       (f) Bail for Specified Violations of the Forest Products Transportation Act. Persons arrested for a conservation offense listed below and personally served by the arresting officer with a conservation complaint shall post bail in the amount specified:

FOREST PRODUCTS TRANSPORTATION ACT

 

ILCS                                       Description                                                   Bail

225 ILCS 740/5                      Transportation of Forest                               $1,500
                                                Products Without Consent

 

       (g) Bail for Class A Misdemeanors. Persons arrested for any conservation offense classified as a Class A misdemeanor and personally served by the arresting officer with a conservation complaint shall post bail in the amount of $1,500, except as may be provided in paragraphs (b), (c), (d), (e), and (f).

 

Amended effective October 7, 1970; amended January 31, 1972, effective March 1, 1972; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended June 12, 1992, effective July 1, 1992; amended September 30, 2002, effective immediately; amended December 6, 2006, effective immediately; amended June 11, 2009, effective immediately; amended June 3, 2010, effective September 15, 2010; amended Dec. 12, 2013, eff. Jan. 1, 2014.

 


Rule 528. Bail Schedule-Ordinance Offenses, Petty Offenses, Business Offenses and Certain Misdemeanors

       (a) Offenses Punishable by Fine Not to Exceed $1,000. Bail for offenses (other than traffic or conservation offenses), including ordinance violations, punishable only by a fine which does not exceed $1,000 shall be $75120.

      (b) Offenses Punishable by Fine in Excess of $1,000. Bail for offenses (other than traffic or conservation offenses) punishable only by a fine which exceeds $1,000 shall be $1,0001,500.

      (c) Certain Other Offenses. Bail for any other offenses, including violation of any ordinance of any unit of local government (other than traffic or conservation offenses) punishable by fine or imprisonment in a penal institution other than the penitentiary, or both, shall be $1,0001,500, except as provided in paragraph (d) of this Rule 528 and except that bail for Class C misdemeanors shall be $75120.

      (d) Domestic Violence Offenses. No bail is established under these rules as provided in section 110–15 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110–15) for the offense of domestic battery (720 ILCS 5/12–3.2), a violation of an order of protection (720 ILCS 5/12–30), or any similar violation of a local ordinance. Bail for these offenses shall be set by the court pursuant to statute. 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended June 12, 1992, effective July 1, 1992; amended March 19, 1997, effective April 15, 1997; amended October 22, 1999, effective December 1, 1999; amended June 3, 2010, effective September 15, 2010.

 

 

 

PART C. FINES, PENALTIES AND COSTS--

10% DEPOSIT STATUTE

Rule 529. Fines, Penalties and Costs on Written Pleas of Guilty in Minor Traffic and Conservation Offenses

      (a) Traffic Offenses. All traffic offenses, except those requiring a court appearance under Rule 551 and those involving offenses set out in Rule 526(b)(1), may be satisfied without a court appearance by a written plea of guilty, with the exception of electronic pleas unless authorized by the Supreme Court, and payment of fines, penalties and costs, equal to the bail required by Rule 526 unless an order of failure to appear to answer the charge has been entered pursuant to Rule 556(a), in which case the fine, penalties and costs shall be equal to the amount of the required bail, plus an additional penalty of $35. The balance remaining after deducting the amounts required by sections 27.3a and 27.3c of the Clerks of Courts Act (705 ILCS 105/27.3a, 27.3c) shall be distributed as follows:

(1) 44.5% shall be disbursed to the entity authorized by law to receive the fine imposed in the case;

(2) 16.825% shall be disbursed to the State Treasurer; and

(3) 38.675% shall be disbursed to the county’s general corporate fund.

No other fines, fees, penalties or costs shall be assessed in any case which is disposed of on a written plea of guilty without a court appearance under paragraph (a) of Rule 529. A charge of violating section 3-401(d), 15-111 or offenses punishable by fine pursuant to sections 15-113.1, 15-113.2 or 15-113.3 of the Illinois Vehicle Code (truck overweight and permit moves) (625 ILCS 5/15-111, 15-113.1 through 15-113.3), or similar municipal ordinances, may be satisfied without a court appearance by a written plea of guilty and payment of the minimum fine fixed by statute, plus all applicable penalties and costs (see Rule 526(b)(1)). Fines, penalties, and costs shall be disbursed by the clerk pursuant to statute.

      (b) Conservation Offenses. Conservation offenses for which $120 cash bail is required under Rule 527 may be satisfied without a court appearance by a written plea of guilty, with the exception of electronic pleas unless authorized by the Supreme Court, and payment of fines, penalties and costs, equal to the cash bail required by Rule 527. The balance remaining after deducting the amounts required by sections 27.3a and 27.3c of the Clerks of Courts Act (705 ILCS 105/27.3a, 27.3c) shall be distributed as follows:

(1) 67% shall be disbursed to the entity authorized by law to receive the fine imposed in the case;

(2) 16.825% shall be disbursed to the State Treasurer; and

(3) 16.175% shall be disbursed to the county’s general corporate fund.

No other fines, fees, penalties or costs shall be assessed in any case which is disposed of on a written plea of guilty without a court appearance under paragraph (b) of this Rule 529.

      (c) Supervision on Written Pleas of Guilty. In counties designated by the Conference of Chief Circuit Judges, the circuit court may by rule or order authorize the entry of an order of supervision under section 5-6-3.1 of the Unified Code of Corrections (730 ILCS 5/5-6-3.1), for traffic offenses satisfied pursuant to paragraph (a) of this Rule 529. Such circuit court rule or order may include but does not require a program by which the accused, upon payment of the fines, penalties and costs equal to bail required by Rule 526, agrees to attend and successfully complete a traffic safety program approved by the court under standards set by the Conference. The accused shall be responsible for payment of any traffic safety program fees. If the accused fails to file a certificate of successful completion on or before the termination date of the supervision order, the supervision shall be summarily revoked and conviction entered. Any county designated by the Conference pursuant to this rule may opt-out of this rule upon notification to the Conference by the chief judge of the circuit and rescinding any rule or order entered to establish supervision on written pleas of guilty.

      (d) The provisions of Supreme Court Rule 402 relating to pleas of guilty do not apply in cases where a defendant enters a guilty plea under this rule. The clerk of the circuit court shall disburse fines, penalties, and costs as provided for in paragraph (a) of this Rule 529.

 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended September 20, 1979, effective October 15, 1979; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended December 20, 1991, effective January 1, 1992; amended June 12, 1992, effective July 1, 1992; amended January 20, 1993, effective immediately; amended May 24, 1995, effective January 1, 1996; amended April 1, 1998, effective immediately; amended March 16, 2001, effective immediately; amended December 5, 2003, effective January 1, 2004; amended August 6, 2010, effective September 15, 2010; amended December 7, 2011, effective immediately.

Committee Comments
(December 5, 2003)

Under present Supreme Court Rule 529 (Fines, Penalties and Costs on Written Pleas of Guilty in Minor Traffic and Conservation Offenses), cash bail is distributed on pleas of guilty, where a court appearance is not required, by deducting applicable costs, including clerk’s fees (705 ILCS 105/27/1a, 27.2 or 27.2a, as the case may be), Automation Fee (705 ILCS 105/27.3a), Document Storage Fee (705 ILCS 105/27.3c) and Fee to Finance the Court System (55 ILCS 5/5–110). The balance is then distributed by the clerk to the Traffic and Criminal Conviction Surcharge (TCCS) and LEADS Maintenance Fund (730 ILCS 5/5–9–1(c)), Driver’s Education Fund (Driver’s Ed) (625 ILCS 5/16–104a), Violent Crime Assistance Fund (VCVA) (725 ILCS 240/10(b)) (VCVA is not assessed in speeding violation cases), Trauma Center Fund (625 ILCS 5/16–104(b)), if applicable, and the entity entitled to receive the fine.

The proposed amendments to Rules 529(a) and 529(b) would exclude electronic pleas and eliminate itemized distribution by the clerk of the funds noted above and, instead, after first deducting the Automation Fee and Document Storage Fee, distribute the bail for traffic offenses along the present line of section 27.6 of the Clerk’s of Court Act (705 ILCS 105/27.6) in the following percentages: 44.5% to the entity entitled to receive the fine, 38.675% to the county’s general fund, and 16.825% to the state Treasurer. Under Rule 529(b), since conservation offenses are not included under section 27.6, bail would be distributed as follows: 67% to the entity entitled to receive the fine, 16.175% to the county’s general fund, and 16.825% to the state Treasurer, which is similar to the current disbursal of these amounts.

The $5 Fee to Finance the Court System (55 ILCS 5/5–1101) is distributed to the county’s general fund under the present rule on an itemized basis, and would be included in the 38.675% disbursed to the county’s general fund under proposed amended Rule 529(a).

The Court Security Fee (55 ILCS 5/5–1103) is not included either in present Rule 529, or the proposed amendment, since the statute requires a court appearance by the violator before the assessment of this fee.

By way of background, the percentage distribution formula under 705 ILCS 105/27.6 became effective on January 1, 1993, and has been adopted for the assessment fo fines, fees, costs and forfeitures in 10 counties throughout the state, including Cook County, for violations of the Vehicle Code.

Supreme Court Rule 526 (Bail Schedules–Traffic Offenses), Rule 527 (Bail Schedule–Conservation Offenses) and Rule 529 (Fines, Penalties and Costs on Written Pleas of Guilty in Minor Traffic and Conservation Offenses), among others, were amended on June 12, 1992, effective July 1, 1992, increasing bail in minor traffic cases from $50 to $75 and from $75 to $95 since the amount of fines received by the municipalities was being reduced by legislative “add-ons.”

The committee does not believe Supreme Court Rule 529, in its present form, provides adequate direction to the circuit clerks in the distribution of funds under this rule. For instance, a problem arises in the calculation of the TCCS/LEADS Fund which requires the court to assess an additional penalty of $5 for each $40, or fraction thereof, of fine imposed, and the Driver’s Ed Fund and VCVA, which requires the court to assess an additional penalty of $4 for each $40, or fraction thereof, of fine imposed. This, by necessity, involves the use of a multiplier. To arrive at the multiplier, the clerk must divide the fine by 40 when a fine plus costs is assessed, or follow the method prescribed under 730 ILCS 5/5–9–1(c) (TCCS/LEADS Maintenance Fund), 725 ILCS 240/10(b) (VCVA) and 625 ILCS 5/16–104a (Drivers’s Ed) when the court levies “a gross amount for fine, costs, fees and penalties.” The committee concluded that an assessment under Rule 529 was not a “levy of a gross amount.”

Under the current rule, the fine is represented as the “balance of the bail,” and is the amount remaining after deducting various costs and fees. Therefore, since the court has not assessed a specific fine, the clerk has no exact amount to divide by 40 and is left to reach his or her own conclusion as the correct multiplier. In certain instances if the clerk computes these additional penalties with a multiplier of 1, it results in a fine which is greater that $40; if a multiple of 2 is used, it results in a fine of less than $40.

Chief Justice Benjamin K. Miller, in the Supreme Court’s Annual Report to the Legislature dated January 31, 1991, discussed the “plethora of user fees and surcharges enacted by the General Assembly,” then concluded that “[t]he complexity of the structure of various charges is such that they are not uniform, and are confusing. It has been impossible for the court system to apply the charge in a consistent and coherent manner.”

The Article V Committee agrees, and in order to enhance uniformity and consistency throughout the state in the disbursement of fines, costs, penalties and forfeitures under Rule 529, it recommends a percentage disbursal of funds upon pleas of guilty in traffic and conservation cases which are satisfied without a court appearance by the violator. The committee believes this disbursal, which would be made monthly to all entities, would be fair to all concerned, increase the efficiency of the clerks, and substantially reduce the possibility of error.

As an example of the continuing dilemma facing the circuit clerks, Public Act 93–32, effective June 20, 2003, directs that an “additional penalty fo $4.00 shall be assessed by the court imposing a fine (upon a plea or finding of guilty in all traffic, criminal, conservation and local ordinance cases).” The funds are to be remitted by the circuit clerk to the state Treasurer and deposited in the Traffic and Criminal Surcharge Fund. The committee concluded the additional penalty under this act could not be collected or distributed und Rules 529 and 556 since the total amount of bail was already exhausted by other fines, fees and costs and the act itself provides that the additional penalty “shall not reduce or affect the distribution of any other fine, costs, fees and penalties.” The committee felt the only way to obtain the funds required under Public Act 93–32 would be: (1) order the offender to appear in court for the assessment of the $4 additional penalty, or (2) increase the amount of bail under Rule 526. It considered the first option to be counterproductive. As to the second option, the committee noted Justice Heiple’s dissent when bail was increased under Rule 526 in 1992. In his dissent, he stated, “[W]hile the original purpose of enacting and enforcing highway traffic laws was public safety, this purpose has, in substantial measure, given way to the purpose of earning bounty revenues of government. Any bail figure, to the extent it exceeds the amount necessary to insure the presence of the defendant in court, in a misuse and abuse of the bail process.” The committee, after discussion, is not recommending the increase of bail under Rules 526 and 527.

The committee was also concerned about the 10 counties which distribute gross fines and costs pursuant to 705 ILCS 105/27.6, since this distribution would include money collected by the circuit clerk as a result of forfeiture of bonds, ex parte judgments or guilty pleas pursuant to Rule 529. Public Act 93–32 directs the court to assess an additional penalty; section 27.6 provides that “(f) or offenses subject to this section, judges shall impose one total sum of money payable for violations. The circuit clerk may add on no additional amounts except for amounts that are required by Sections 27.3a and 27.3c of this Act.” The inconsistency between the two acts places the circuit clerks in a quandary, particularly in those counties operating under section 27.6.

The committee has recommended the circuit clerks be given a clear and definite direction concerning distribution of funds under this rule and believes the proposed amendment would provide that direction.

Rule 530. Applicability of 10% Cash Deposit Statute       

 The 10% cash deposit provision of section 110–7 of the Code of Criminal Procedure of 1963, as amended (725 ILCS 5/110–7), applies in every case in which the amount of bail under these rules is $7501,200 or more, except those cases involving truck violations under Rule 526(b)(1) or similar municipal ordinances. 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended June 12, 1992, effective July 1, 1992; amended September 30, 2002, effective immediately; amended June 3, 2010, effective September 15, 2010.

.

Rules 531 to 550. Reserved

PART D. REQUIRED COURT APPEARANCES,
FORMS AND PROCEDURES


Rule 551. Traffic and Conservation Offenses for Which a Court Appearance is Required

A court appearance is required for:

      (a) All alleged Class A and Class B misdemeanor violations of the Illinois Vehicle Code, as amended (625 ILCS 5/1-100 et seq.).

      (b) All alleged violations of the following specified sections:

 

ILCS                                       Description

625 ILCS 5/3-707                  Operating Without Insurance

 

625 ILCS 5/3-708                  Operating When Registration
                                               Suspended for Noninsurance

         

625 ILCS 5/6-101                  No Valid Driver’s License

 

625 ILCS 5/6-104                  Violation of Classification

 

625 ILCS 5/6-113                  Operating in Violation of Restricted
                                                License or Permit
                                           

625 ILCS 5/6-301                   Unlawful Use of License or Permit

 

625 ILCS 5/11-409                 Making False Report

 

625 ILCS 5/11-601(b)            Speeding—Only when more than 30
                                                mph over the Posted Limit

 

625 ILCS 5/11-1414(a)           Passed School Bus–Loading or
                                                Unloading

         

625 ILCS 5/15-112(g)             Refusal to stop and submit vehicle
                                                and load to weighing after being
                                                directed to do so by an officer, or
                                                removal of load prior to weighing

 

625 ILCS 5/15-301(j)             Violation of Excess Size or Weight
                                                Permit

 

      (c) All alleged violations of the Child Passenger Protection Act, as amended (625 ILCS 25/1 et seq.).

      (d) Any traffic offense which results in an accident causing the death of any person or injury to any person other than the accused.

      (e) Conservation offenses for which more than $120 bail is required under Rule 527, or for which civil penalties are required under section 20-35 of the Fish and Aquatic Life Code, as amended (515 ILCS 5/20-35), or section 3.5 of the Wildlife Code, as amended (520 ILCS 5/3.5).

      (f) Offenses arising from multiple charges as provided in Rule 503.

      (g) Violation of any ordinance of any unit of local government defining offenses comparable to those specified in subparagraphs (a), (b), (c), (d) and (h) of this Rule 551.

      (h) Any minor traffic offense where the statutory minimum fine is greater than $95, except those offenses involving truck violations under Rule 526(b)(1) or similar municipal ordinances.

 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended September 20, 1979, effective October 15, 1979; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended December 7, 1990, effective January 1, 1991; amended June 12, 1992, effective July 1, 1992; amended May 24, 1995, effective January 1, 1996; amended March 26, 1996, effective May 1, 1996; amended September 30, 2002, effective immediately ; amended August 6, 2010, effective September 15, 2010; amended Dec. 12, 2013, eff. Jan. 1, 2014.

 

 

Rule 552. Uniform Tickets--Processing


Uniform Citation and Complaint forms and conservation complaints shall be in forms which may, from time to time, be approved by the Conference of Chief Circuit Judges and filed with this court. The uniform forms shall be adapted for use by municipalities. The arresting officer shall complete the form or ticket and, within 48 hours after the arrest, shall transmit the portions entitled “Complaint” and “Disposition Report” and, where appropriate, “Report of Conviction,” either in person or by mail, to the clerk of the circuit court of the county in which the violation occurred. Each Uniform Citation and Complaint form and conservation complaint shall upon receipt by the clerk be assigned a separate case number, chronologically, including multiple citations issued to the same accused for more than one offense arising out of the same occurrence (see Rule 503(a)). A final disposition noted on the reverse side of the “Complaint” shall be evidence of the judgment in the case. Upon final disposition of each case, the clerk shall execute the “Disposition Report” and promptly forward it to the law enforcement agency that issued the ticket. On a plea or finding of guilty in any traffic case, the clerk shall also execute the “Report of Conviction” portion of the Uniform Citation and Complaint, if and as applicable, and such other reports as required by section 6–204 of the Illinois Vehicle Code, as amended (625 ILCS 5/6–204) and promptly forward same to the Secretary of State. This rule does not prohibit the use of electronic or mechanical systems of record keeping, transmitting or reporting.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended March 27, 1985, effective May 1, 1985; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended September 30, 2002, effective immediately.


 

Rule 553. Posting Bail or Bond

      (a) By Whom and Where Taken. The several circuit clerks, deputy circuit clerks and law enforcement officers designated by name or office by the chief judge of the circuit are authorized to let to bail any person arrested for or charged with an offense covered by Rules 526, 527 and 528. Upon designation by the chief judge of the circuit, bail may be taken in accordance with this article in any county, municipal or other building housing governmental units, police station, sheriff’s office or jail, or district headquarters building of the Illinois State Police, weigh station, or portable scale unit established for enforcement of truck violations under Rule 526(b)(1) or similar municipal ordinances. Bail deposits by credit card, debit card or by any other electronic means may only be accepted upon the approval of the chief judge and the circuit clerk’s ability to accept such deposits. Individual bonds under paragraph (d) of this rule may additionally be taken as designated by the chief judge of the circuit.

      (b) Copy of Bond–Receipt for Cash Bail. A carbon copy of the bond or an official receipt showing the amount of cash bail posted, specifying the time and place of court appearance, shall be furnished to the accused and shall constitute a receipt for bail. The bond or cash bail, or both, shall be delivered to the office of the circuit clerk of the county in which the violation occurred within 48 hours of receipt or within the time set for the accused’s appearance in court, whichever is earlier (see Rule 501(b) for definition of “Cash Bail”).

      (c) Driver’s License or Bond Certificate. If an accused deposits a driver’s license with the arresting officer in lieu of bail or in addition to bail, or deposits a bond certificate, the arresting officer shall note that fact on the accused’s copy of the ticket and transmit the driver’s license or bond certificate to the clerk within the time provided in paragraph (b) of this rule.

      (d) Individual Bond. Persons arrested for or charged with an offense covered by Rules 526, 527 and 528 who are unable to secure release from custody under these rules may be released by giving individual bond (in the amount required by this article) by those law enforcement officers designated by name or office by the chief judge of the circuit, except when the accused is (1) unable or unwilling to establish his identity or submit to being fingerprinted as required by law, (2) is charged with an offense punishable by imprisonment and will pose a danger to any person or the community, or (3) elects release on separate bail under Rule 503(a)(3) or 503(a)(4). Persons required to deposit both bail and driver’s license under Rule 526(e) may be released on $1,000 individual bond and their current Illinois driver’s license. If authorized by the chief judge of the circuit, individual bonds under this paragraph (d) may be executed by signing the citation or complaint agreeing to comply with its conditions.

      (e) Alternative Procedure in Minor Cases–Counties Other Than Cook. In any case, excluding citations written by local law enforcement in Cook County arising in counties other than Cook, in which the bail or bond specified by Rule 526, 527 or 528 does not exceed $200 in United States currency, an accused not required to be fingerprinted may place the cash bail or deposit (in the amount required by such rule) in a stamped envelope (to be provided by the arresting officer) addressed to the clerk of the circuit court of the county in which the violation occurred and, in the presence of the arresting officer, deposit that envelope in a United States Postal Service mail box post bond by giving the United States currency to the sworn law enforcement officer. The officer shall provide the accused with a copy of the citation duly noted with the amount of the United States currency posted as bond. The accused shall then be released from custody. The appropriate portion(s) of the ticket shall be enclosed with the cash bail or deposit. In rural areas where United States Postal Service mail boxes are not reasonably available, the accused may elect to deposit with a State Police officer, an enforcement officer of the Department of Natural Resources or Secretary of State, or a sheriff or a deputy sheriff, or other law enforcement officers designated by name or office by the chief judge of the circuit, the sealed envelope containing the cash bail or deposit, rather than having to accompany the arresting officer to the nearest mail box. In such cases, the officer will mail or deliver the sealed envelopes appropriate portions(s) of the ticket along with the United States currency as bond(s) to the clerk of the circuit court or a designated building approved by the issuing law enforcement agency and approved by the receiving law enforcement agency before the end of his or her current tour of duty.

 

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended October 17, 1979, effective November 15, 1979; amended December 22, 1981, effective January 15, 1982; amended June 26, 1987, effective August 1, 1987; amended December 7, 1990, effective January 1, 1991; amended June 12, 1992, effective July 1, 1992; amended May 24, 1995, effective January 1, 1996; amended June 11, 2009, effective immediately; amended August 6, 2010, effective September 15, 2010; amended December 7, 2011, effective immediately.


Rule 554. Substitution of Cash Bail


(a) Not sooner than 10 court days after arrest and not later than 3 court days before the date set for appearance in court, an accused who deposited his driver's license or a bond certificate in lieu of cash bail, or who was released on Notice to Appear, promise to comply, or individual bond under Rule 553(d), may recover either his license or bond certificate or further secure his release by substituting cash bail in the amount required by this article with the clerk of the circuit court of the county in which the violation occurred; provided, however, that no driver's license required to be deposited under subparagraph (e) of Rule 526 may be recovered under this rule. The clerk may waive the time limits specified by this rule.

(b) In all cases in which a court appearance is not required under Rule 551, an accused who desires to satisfy the charge but is unwilling to plead guilty may substitute cash bail under paragraph (a) of this rule; in such event, if the accused does not appear on the date set for appearance, or any date to which the case may be continued, it shall be presumed he has consented to the entry of an ex parte judgment (see Rule 556(b)).


Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended August 21, 1996, effective immediately.


Rule 555. Returning Bail or Documents


        (a) Court Appearance. A defendant who personally appears in court on the date on which his case is finally disposed of shall, upon payment of any fines, penalties and costs which may be assessed against him upon a plea or finding of guilty, or as a condition of an order of supervision under section 5–6–3.1 of the Unified Code of Corrections, as amended (Ill. Rev. Stat. 1987, ch. 38, par. 1005–6–3.1 730 ILCS 5/5–6–3.1), recover unless otherwise provided by law his driver’s license (unless revoked or suspended) or the bond certificate deposited by him. Cash bail, or any balance due the defendant, shall be refunded to the defendant by the clerk as soon as practicable after the disposition of the charges.

       (b) Written Plea of Guilty. In any case that can be disposed of on a written plea of guilty without a court appearance under Rule 529, the defendant may submit his written plea of guilty and pay the prescribed fines, penalties and costs to the clerk of the circuit court of the county in which the violation occurred not earlier than 10 court days after arrest, and not later than 3 court days before the date set for appearance, unless the clerk waives these time limits. If cash bail was posted, the clerk shall apply the amount necessary to pay prescribed fines, penalties and costs. If a driver’s license or bond certificate was deposited, the full amount of the prescribed fines, penalties and costs must be paid to the clerk. Upon receiving payment in full, the clerk shall unless otherwise provided by law return the driver’s license or bond certificate to the defendant. A written plea of guilty may be mailed to the clerk of the circuit court of the county in which the violation occurred. If the plea is accompanied by the full amount of the prescribed fines, penalties and costs, the clerk shall mail to the defendant any driver’s license or bond certificate deposited in lieu of bail.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended September 30, 2002, effective immediately.

 

 

Rule 556. Procedure if Defendant Fails to Appear

(a) Promise to Comply or Driver's License Deposited. If a person accused of a traffic offense has executed a written promise to comply (see Rule 501(g)), or deposited his driver's license in lieu of or in addition to cash bail or cash deposit and bond, and does not appear on the date set for appearance, or any date to which the case may be continued, the court shall continue the case for a minimum of 30 days and require a notice of the continued court date to be sent to the defendant at his last known address. The clerk shall notify the defendant of the court's order. If the defendant does not appear on the continued court date or, within that period, satisfy the court that his appearance is impossible and without any fault on his part, the court shall enter an order of failure to appear to answer the charge(s). A verified charge may be filed (if none has previously been filed) and a summons or warrant of arrest for the defendant may be issued. Within 21 days after the date to which the case had been continued, the clerk shall notify the Secretary of State of the court's order. The Secretary of State shall, in the case of an Illinois licensed driver who has deposited his driver's license, immediately suspend the defendant's driving privileges in accordance with section 6–306.3 of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.3); if the defendant is not an Illinois licensed driver or resident the Secretary of State shall notify the appropriate driver's licensing authority pursuant to the Nonresident Violator Compact of 1977, as amended (625 ILCS 5/6–800 et seq.). The clerk of the circuit court shall notify the Secretary of State of the final disposition of the case as provided in Rule 552 when the defendant has appeared and otherwise satisfied his obligations following an order of failure to appear under this paragraph (a). The court may in lieu of the foregoing procedure, enter an ex parte judgment of conviction against any accused charged with an offense punishable by a fine only and in so doing shall assess fines, penalties and costs in an amount not to exceed equal to the cash bail required by this article. Payment received for fines, penalties, and costs assessed following the entry of an ex parte judgment shall be disbursed by the clerk pursuant to Rule 529. The clerk of the court shall notify the Secretary of State of the conviction pursuant to Rule 552, and if the accused is an Illinois registered driver, the clerk shall notify the Secretary of State of the unsatisfied judgment pursuant to section 6–306.6(a) of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.6(a)).

(b) Court Appearance Not Required–Cash Bail Posted or Bond Certificate Deposited. In all cases in which a court appearance is not required under Rule 551 and cash bail is posted or a bond certificate deposited, the defendant shall be provided with a statement, in substantially the following form, on the "Complaint" or on the bond form:

"In the event you fail to appear in court to answer a charge that does not require you to appear in court, you thereby consent to the entry of a judgment against you in the amount of all applicable fines, penalties and costs, and the application of the cash bail or other security you have deposited to their payment and satisfaction."

If the defendant does not appear on the date set for appearance, or any date to which the case may be continued, the court may enter an ex parte judgment against the defendant assessing fines, penalties and costs in an amount not to exceed equal to the cash bail required by this article. and The clerk of the circuit court shall apply the cash bail or security in payment thereof pursuant to Rule 529. (See Rule 529.)

(c) Court Appearance Required--Cash Bail Posted or Bond Certificate Deposited. If a defendant fails to appear on the date set for appearance, or any date to which the case may be continued, and a court appearance is required, the court shall enter an order declaring the bail to be forfeited and continue the case for a minimum of 30 days. Notice of such order of forfeiture shall be mailed forthwith to the accused at his last known address. If the accused does not appear on the continued court date or, within that period, satisfy the court that his appearance is impossible and without any fault on his part, the court shall enter judgment in accordance with sections 110–7 and 110–8 of the Code of Criminal Procedure of 1963, as amended (725 ILCS 5/110–7, 110–8). In addition to forfeiture, a verified charge may be filed and a summons or warrant of arrest may issue. The court may, with the concurrence of the prosecuting agency, in lieu of the foregoing procedure, enter an ex parte judgment of conviction against any accused charged with an offense punishable by a fine only and in so doing shall assess fines, penalties and costs in an amount not to exceed equal to the cash bail required by this article. Payment received for fines, penalties, and costs assessed following the entry of an ex parte judgment shall be disbursed by the clerk pursuant to Rule 529. The clerk of court shall notify the Secretary of State of the conviction pursuant to Rule 552 and of any unsatisfied judgment pursuant to section 6–306.6(a) of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.6(a)).

(d) Individual Bonds. In all cases in which a defendant released by giving individual bond under Rule 553(d) fails to appear on the date set for appearance, or any date to which the case may be continued, the court shall enter an order declaring the bond to be forfeited and continue the case for a minimum of 30 days. Notice of such order of forfeiture shall be mailed forthwith to the accused at his last known address. If the accused does not appear on the continued court date or, within that period, satisfy the court that his appearance is impossible and without any fault on his part, the court shall enter judgment in accordance with section 110–8 of the Code of Criminal Procedure of 1963, as amended (725 ILCS 5/110–8). In addition to forfeiture, a verified charge may be filed and a summons or warrant of arrest may issue. The court may in lieu of the foregoing procedure, enter an ex parte judgment of conviction against any accused charged with an offense punishable by a fine only and in so doing shall assess fines, penalties and costs in an amount not to exceed equal to the cash bail required by this article. Payment received for fines, penalties, and costs assessed following the entry of an ex parte judgment shall be disbursed by the clerk pursuant to Rule 529. The clerk of the court shall notify the Secretary of State of the conviction pursuant to Rule 552 and of the unsatisfied judgment pursuant to section 6–306.6(a) of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.6(a)).

(e) Notice to Appear. In all cases in which a defendant is issued a Notice to Appear under section 107–12 of the Code of Criminal Procedure of 1963, as amended (725 ILCS 5/107–12), and fails to appear on the date set for appearance, or any date to which the case may be continued, the court may enter an ex parte judgment of conviction against an accused charged with an offense punishable by a fine only and in so doing shall assess fines, penalties and costs in an amount not to exceed equal to the cash bail required by this article. Payment received for fines, penalties, and costs assessed following the entry of an ex parte judgment shall be disbursed by the clerk pursuant to Rule 529. The clerk of the court shall notify the Secretary of State of the conviction pursuant to Rule 552 and of the unsatisfied judgment pursuant to section 6–306.6(a) of the Illinois Vehicle Code, as amended (625 ILCS 5/6–306.6(a)). In lieu of the foregoing procedure, a summons or warrant of arrest may be issued.

Amended effective October 7, 1970; amended February 17, 1977, effective April 1, 1977, in counties other than Cook, effective July 1, 1977, in Cook County; amended December 22, 1981, effective January 15, 1982; amended April 27, 1984, effective July 1, 1984; amended June 26, 1987, effective August 1, 1987; amended June 19, 1989, effective August 1, 1989; amended December 7, 1990, effective January 1, 1991; amended May 24, 1995, effective January 1, 1996; amended October 22, 1999, effective December 1, 1999; amended December 5, 2003, effective January 1, 2004.


Committee Comments
(December 5, 2003)

Supreme Court Rule 556 ("Procedure if Defendant Fails to Appear") delineates several procedures if the defendant fails to appear after depositing a driver's license in lieu of bond, executes a written promise to comply, posts bond or issued a notice to appear.

The rule provided that the court may "enter an ex parte judgment of conviction against any accused charged with an offense punishable by a fine only and in so doing shall assess fines, penalties and costs in an amount not to exceed the cash bail required by this article." Rule 556 does not detail the specific costs and penalties, or their amounts, in the entry of ex parte judgments. The clerk is then left with deciding which costs, fees and additional penalties (and their amounts) should be applied. This is currently being determined on a county by county basis.

The committee concluded that distribution under Rule 556 was not a "levy of a gross amount." See Rule 529, Committee Comments.

The committee believes that consistency and uniformity in disbursing funds from ex parte judgments was of the utmost importance in the efficient administration of justice and recommends that the fines, penalties and costs assessed by equal to bail, and the distribution of those amounts should be pursuant to Supreme Court Rule 529(a). The State's Attorney fee, if any, would be included within the county's 38.675% distribution.

Rules 557 to 569 . Reserved

 

 

PART E. Rules and Procedures for Non-Traffic/Non-Conservation
Ordinance Violations

Part E. heading - Adopted April 26, 2012, eff. immediately

 


Rule 570. Applicability

      Rules 570 through 579 are applicable to the prosecution, through the judicial system, of violations of ordinances passed pursuant to section 5-1113 of the Counties Code (55 ILCS 5/5-1113), section 1-2-1 of the Illinois Municipal Code (65 ILCS 5/1-2-1), and section 11-1301 of the Illinois Vehicle Code (625 ILCS 5/11-1301) or home rule authority for which the penalty does not include the possibility of a jail term. These rules shall not apply to administrative adjudications.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      Rules 570 through 579 apply to the prosecution of ordinance violations not punishable by a jail term and other than traffic and conservation offenses. These rules also apply to parking offenses. Violations of ordinances punishable by a jail term are to be prosecuted in accordance with the rules of criminal procedure. 65 ILCS 5/1-2-1.1. Nothing in these rules is intended to limit the ability to proceed through an administrative process or other alternative methods of resolving ordinance violations.

      Rule 570 establishes the applicability of the ordinance violation prosecutions which are prosecuted through the judicial system to ordinances passed pursuant to the Counties Code (55 ILCS 5/5-1113 (ordinance and rules to execute powers; limitations on punishments)), the Illinois Municipal Code (65 ILCS 5/1-3-1 (ordinances and rules; fines or penalties; limitations on punishment)), and home rule authority where the penalty does not include jail time.

      Rule 570 would exclude from these rules ordinance violations heard by the administrative adjudication process.




Rule 571. Code of Civil Procedure to Apply

      Except as specifically stated herein or in existing statutes, the Code of Civil Procedure shall apply in all ordinance prosecutions to which these rules apply.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      This rule builds on the holdings of both City of Danville vs. Hartshorn, 53 Ill. 2d 399 (1973) and Village of Park Forest v. Walker, 64 Ill. 2d 286 (1976), in which the Supreme Court held that the Civil Practice Act applied to ordinance violations where the penalty is a fine only. Persons charged with violating municipal ordinances have a right to trial by jury if a written jury demand along with the jury fee is filed and paid at the time of first appearance under provisions of section 2-1105 of the Code of Civil Procedure. But under Supreme Court Rule 201(h), discovery in ordinance prosecution cases where the penalty is a fine only, is allowed only by leave of court. Before and after the Hartshorn decision, courts have struggled to decide what portions of the Code of Civil Procedure apply to ordinance violation prosecutions. It is the intent of Rule 571 to clarify that the Code of Civil Procedure applies to all ordinance violation proceedings under Rules 570 through 579, except as otherwise provided by Supreme Court Rules such as Rule 201(h).




Rule 572. Form of Charging Document.

      (a) A prosecution for an ordinance violation for which the penalty does not include the possibility of a jail term may be initiated by a charging document such as a Notice to Appear, Citation, Ticket, or Complaint or combination of the same. The charging document shall be signed by an attorney representing the plaintiff, or by a peace officer or a code enforcement officer authorized by the plaintiff to sign the charging document. The charging document shall be verified as provided in section 1-109 of the Code of Civil Procedure (735 ILCS 5/1-109). Such charging document or combination of documents shall contain at least the following:

1. The name of the prosecuting entity;

2. The name of the defendant and his or her address, if known;

3. The nature of the offense and a reference to the relevant ordinance;

4. A statement whether the defendant is required to appear in court and, if so, the date, time and place of appearance;

5. If applicable, the steps the defendant can take to avoid an otherwise required appearance; and

6. A statement that the defendant may demand a jury trial by filing a jury demand and paying a jury demand fee when entering his or her appearance, plea, answer to the charge, or other responsive pleading.

      (b) The following statement(s) shall also appear on the charging document or combination of documents listed in (a) above in the event a warrant or default judgment will be sought by the prosecuting entity:

1. A statement that a default judgment may be entered in the event the person fails to appear in court or answer the charge made on the date set for the defendant’s court appearance or any date to which the case is continued. The statement must also contain the specific amount of any default judgment.

2. A statement that an arrest warrant may issue if the defendant fails to appear at any hearing.

      (c) Multiple Violations. Multiple violations of automobile parking offenses may be contained in a single count. Violations of the same offense occurring on different days, or violations of ordinances which carry a per day fine, may be stated in one count even though each violation or day upon which a violation occurs carries a separate fine. Such separate violations and fines must be clearly stated.

      (d) Prayer for Relief. It shall be sufficient for the prosecuting entity to generally pray for a penalty range between the minimum and maximum penalties authorized by the corporate authorities of the prosecuting entity.

      (e) Amendments. The charging document may be amended at any time, before or after judgment, to conform the pleadings to the proofs on just and reasonable terms. However, the amount of any default judgment appearing on the charging document under Rule 572(b) may not be amended after the entry of such judgment, without notice to defendant.

 

Adopted December 7, 2011, effective immediately.



Committee Comment

(December 7, 2011)


      Many prosecuting entities have created hybrid complaints that serve both as notice to appear and the charging document itself, similar to a traffic citation. Since an ordinance violation prosecution incorporates aspects of both criminal and civil procedures, the more general term “charging document” phrase is used.

      (a) Rule 572 is intended to provide flexibility in the initiation of an ordinance violation prosecution.

      The Municipal Code states that “the first process shall be a summons or a warrant.” 65 ILCS 5/1-2-9.

      Many prosecuting entities, however, begin with a “Notice to Appear” which is provided for in the Code of Criminal Procedure, 725 ILCS 5/1 07-12: (a) Whenever a peace officer is authorized to arrest a person without a warrant he may instead issue to such a person a notice to appear *** (c) Upon failure of the person to appear a summons or warrant of arrest may issue.” A notice to appear “is a means by which a person may be brought before the court without the inconvenience of immediate arrest ***. Such a notice may be issued whenever a peace officer has probable cause to make a warrantless arrest.” People v. Warren, 173 Ill. 2d 348, 357 (1996).

      The purpose of this rule is to continue to allow prosecuting entities to utilize the most efficient means of initiating ordinance violation proceedings. “Notices to Appear” are an appropriate and reasonable means of informing defendants of charges against them and are similar to citations issued in traffic cases.

      This does not prohibit a prosecuting entity from obtaining an arrest warrant based upon probable cause, as authorized in section 1-2-9 of the Municipal Code (65 ILCS 5/1-2-9).

      This rule also makes it clear that an attorney need not sign the charging document in every case. This is especially important where the process is initiated by a nonattorney such as a police officer or code enforcement officer.

      (b) This section provides for issuance of default judgments or warrants upon a failure to appear.

      (c) This is intended to minimize paperwork and codify the decision in Village of Oak Park v. Flanagan, 35 Ill. App. 3d 6 (1st Dist. 1975). The Village of Oak Park case involved prosecution for multiple parking tickets in which the court held that a computer printout was sufficient to comply with the requirements of pleading for ordinance violations. Note, however, this rule is not meant to contravene the one act, one crime rule identified in Village of Sugar Grove v. James Rich, 347 Ill. App. 3d 689 (1st Dist. 2004).

      (d) Section 2-604 of the Code of Civil Procedure requires a “specific” prayer for relief. 735 ILCS 5/2-604. This paragraph is intended to make it clear that a prayer for a penalty within the penalty range authorized by the ordinance is sufficiently specific to advise the defendant of the maximum penalty to which they are exposed.

      (e) Section 2-616(a) of the Code of Civil Procedure specifically permits amendments to civil pleadings at various times. 735 ILCS 5/2-616(a). The purpose is to avoid minor errors in the charging document being a cause of a finding of not guilty when a violation has been proved by the requisite proof. The last sentence enforces the requirement of Rule 572(b) that if the prosecuting entity will seek a default judgment, it must state the specific amount in the charging document or combination of documents served upon the defendant.

 

 

Rule 573. Service of the Charging Document

      The charging document, including a notice to appear, may be served by hand delivery by a peace officer, code enforcement officer, or as otherwise authorized by law. Where the fine would not be in excess of $750 for a municipal ordinance offense, service of summons may be made by certified mail, return receipt requested, as authorized in section 11-2-9.1 1-2-9.1 of the Vehicle Municipal Code (65 ILCS 5/11-2-9.1 1-2-9.1) whether service is to be within or without the state. Parking tickets should include a certification that the ticket was either placed on the vehicle or hand delivered to the driver. This rule does not prohibit initiating prosecution by any other means authorized by statute.

 

Adopted December 7, 2011, effective immediately; Adopted Rule 573 corrected December 9, 2011, nunc pro tunc December 7, 2011.



Committee Comments

(December 7, 2011)


      Service of process in civil actions generally is covered in Supreme Court Rules 101 through 110. Many ordinance prosecutions are initiated by code enforcement officers, e.g., building safety inspectors for property maintenance violations or animal control officers for animal ordinance violations.

      The final sentence makes it clear that this rule allowing for the initiation of prosecution by a Notice to Appear does not abrogate the opportunity to initiate a prosecution as provided in section 1-2-9 of the Municipal Code (65 ILCS 5/1-2-9), namely, by summons or warrant.





Rule 574. Opportunity to Settle

      An opportunity to avoid a court appearance through settlement of the dispute may be provided for by ordinance. The manner and time limit for settlement before which a court appearance will be required may be set forth in the charging document.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      This rule permits settlement of a violation. This allows for more efficient processing and court time management.



Rule 575. Appearance of Defendant, Answer; Failure to Appear; Discovery and Pretrial Procedures

      (a) A defendant responding to a charging document for an ordinance violation may appear and enter a plea, file an answer to the charge, or file other responsive pleadings. A Not Guilty plea will be construed as a general denial. The defendant need not file a written answer unless ordered to do so by the Court.

      (b) In the event the defendant fails to appear at any proceeding for which the Court has not excused the defendant’s appearance, an arrest warrant may issue, or default judgment may be entered. If such judgment is entered, the defendant shall be mailed written notice to the defendant’s last known address of: (1) the amount of the judgment, (2) if applicable, the date by which such judgment must be paid, and (3) that a motion to vacate judgment must be filed within 30 days of the date of the mailing of the written notice. “Defendant’s last known address” shall be presumed to be the address provided by the defendant himself or herself upon actual delivery of the charging document.

      (c) A party may make a motion for summary judgment prior to any trial· on the merits.

      (d) In prosecutions for violations of ordinances, no discovery procedures shall be allowed prior to trial except by leave of court.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      (a) The purpose of this section is to provide for a simple process for those who appear to answer a charge and also in determining the effect of a failure to appear for an ordinance violation charge. Supreme Court Rule 286(a) provides for a general denial in small claims cases and this rule provides a similar procedure for ordinance violations. Supreme Court Rule 556(a) permits the entry of default judgment in traffic cases. This rule provides a similar procedure for ordinance violations.

      (b) This section provides for procedures to follow in the event of a Defendant’s failure to appear at any proceeding for which the Court has not previously excused the appearance.

      (c) Village of Beckmeyer v. Wheelan, 212 Ill. App. 3d 287 (5th Dist. 1991), provides for summary judgment motions in ordinance violation cases.

      (d) Supreme Court Rule 20l(h) provides: “In suits for violation of municipal ordinances where the penalty is a fine only no discovery procedure shall be used prior to trial except by leave of court. This rule extends the application of the rule to cases in which penalties may include public service work and restitution in addition to fines."



Rule 576. Right to Counsel

      A defendant has a right to be represented by an attorney; however, there shall be no right to appointment of counsel in suits for violation of ordinances for which the penalty does not include the possibility of a jail term.

 

Adopted December 7, 2011, effective immediately.

                                                                                           


Committee Comment

(December 7, 2011)


      This rule reiterates the long held principle that the right to a court appointed counsel does not attach where there is no possibility of being sentenced to a jail term as a penalty for the underlying offense. See City of Urbana v. Andre N.B., 211 Ill. 2d 456 (2004); City of Danville v. Clark, 63 Ill. 2d 408 (1976).


Rule 577. Jury Trial

      Either party shall have the right to trial by a jury. The prosecuting entity shall make its jury demand at the time the action is commenced. The defendant shall make his or her jury demand and pay the jury demand fee at the time of entering his or her appearance, plea, answer to the charge, or other responsive pleading. Failure to pay the required jury fee to the clerk of the circuit court at the time of entering his or her initial appearance, or by a date ordered by the court, shall constitute a forfeiture of the right to a jury trial.

      Because ordinance offenses do not provide for penalties in excess of $50,000, any jury request shall result in the matter being tried by a jury of six members.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      Section 2-1105 of the Code of Civil Procedure is applicable to jury demands in ordinance violation cases. City of Danville v. Hartshorn, 53 Ill. 2d 399, 403 (1973). Section 103-6 of the Code of Criminal Procedure also applies to jury demands in ordinance violation cases. It provides: “every person accused of an offense shall have the right to a trial by jury unless *** (ii) the offense is an ordinance violation punishable by fine only and the defendant either fails to file a demand for a trial by jury at the time of entering his or her plea of not guilty or fails to pay to the clerk of the circuit court at the time of entering his or her plea of not guilty any jury fee required to be paid to the clerk.” 725 ILCS 5/103-6; 705 ILCS 105.27.1a(w)(3).



Rule 578. Burden of Proof

      The prosecuting entity must prove the ordinance violation by a preponderance of the evidence; meaning it is more likely true than not that the violation occurred.

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      This rule restates case law which holds that the burden of proof in ordinance violation cases is the civil law standard of preponderance of the evidence rather than the criminal standard of beyond a reasonable doubt. City of Mattoon v. Mentzer, 282 Ill. App. 3d 628, 634 (4th Dist. 1996) (citing Chicago v. Joyce, 38 Ill. 2d 368, 373 (1967)).


Rule 579. Disposition and Appeal

      (a) Sentence. The court shall determine the amount of any fine for an ordinance violation to which these rules apply, except that any fine imposed shall not be less than the “minimum fine” authorized by ordinance. Court costs shall be imposed.

      (b) Additional Conditions. In addition to any fine imposed, the court may impose a sentence including restitution, or other appropriate penalties or conditions authorized by ordinance. A sentence of conditional discharge or court supervision disposition shall be permitted by ordinance.

      (c) Dispositional Considerations. The court may consider evidence and information may be offered by the parties in consideration for the penalties and/or conditions sought.

      (d) Appealability. Either party shall have the right to appeal any final judgment entered in an ordinance violation case pursuant to Rule 303, “Appeals from Final Judgments of the Circuit Court in Civil Cases.”

 

Adopted December 7, 2011, effective immediately.


Committee Comment

(December 7, 2011)


      (a) In accordance with typical situations in which a range of penalties is authorized by statute, the court in City of Chicago v. Roman, 184 Ill. 2d 504, 511 (1998), held that the fine may not be less than the statutory minimum.

      (b) Under the holding in City of Highland Park v. Curtis, 83 Ill. App. 2d 218, 229 (2d Dist. 1967), the court should be permitted to impose restitution. Other dispositions must be provided for by ordinance. Village of Wheeling v. Evanger’s Dog and Cat Food Co., Inc., 399 Ill. App. 3d 304 (1st Dist. 2010).

      (c) Statutory authorization for imposition of court supervision is found in the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.). Village of Wheeling v. Evanger’s Dog and Cat Food Co., Inc., 399 Ill. App. 3d 304, 307 (1st Dist. 2010).

      (d) Because ordinance violation prosecutions are “quasi-criminal in character, but civil in form,” municipalities may properly appeal from a judgment in favor of a defendant. Neither double jeopardy nor Supreme Court Rule 604 bars such an appeal. Village of Riverdale v. Irwin, 259 Ill. App. 3d 1008, 1009 (1st Dist. 1994); Village of Park Forest v. Bragg, 38 Ill. 2d 225, 227 (1967).

 Adopted April 26, 2012, eff. immediately.


Rules 580 to 600 . Reserved

1. 1The following order was entered December 22, 1981, adopting revised Rules 501 through 556:


IN THE SUPREME COURT OF ILLINOIS

ORDER

The revised rules attached hereto and hereinafter adopted, relating to procedures in traffic cases, conservation cases, quasi-criminal cases and certain misdemeanors, were prepared by the Conference of Chief Circuit Judges and, at the request of that conference, are adopted by the Supreme Court of Illinois.

Revised Rules 501 through 556, attached hereto, are hereby adopted effective January 15, 1982.

These revised Rules 501 through 556 will govern trial court proceedings in traffic cases, conservation cases, municipal ordinance cases, and such misdemeanor cases as are covered thereby which are commenced after these rules take effect. They will also govern further proceedings in such actions then pending except when, in the opinion of the trial, appellate or supreme court, the application of the new rules in a particular action then pending would not be feasible or would work an injustice, in which cases the former procedure applies.


Dated: December 22, 1981